If you lose a loved one in a preventable accident, holding the negligent party accountable may be a path to closure. While nothing can ease the pain of losing someone you love, pursuing compensation in a wrongful death claim can alleviate some of the financial burden and force those responsible to take ownership of their actions.
With millions recovered for our clients, a Las Vegas personal injury lawyer from H&P Law is courtroom-proven. We can respectfully discuss the details of your case and work to understand your goals so we can advocate for you and your family’s best interests. Contact our compassionate Las Vegas wrongful death lawyer to learn more.
Nevada Wrongful Death Laws
A wrongful death is defined as a legal action in which one party seeks compensation from another due to a loss of life. This death occurs as a result of a negligent act. Reasons why people file death claims include:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Slip and fall accidents
- Medical malpractice
- Premises liability incidents
- Defective products
- Animal attacks
The team at H&P Law can answer frequently asked questions and many others about death claims. We can help you decide if now is the time to take legal action against someone who wrongfully killed a family member. To learn more, reach out to our firm.
The Wrongful Death Investigative Process
Investigating a wrongful death claim involves uncovering critical facts to establish negligence and hold the at-fault party accountable to the fullest extent of the law. This process requires gathering evidence, consulting experts, and building a strong case that meets the legal requirements for proving liability.
Hiring a legal advocate as early as possible can help ensure that no critical details are overlooked during this thorough and often complex process. Steps in the wrongful death investigation process typically include:
- Collecting evidence – Evidence such as medical records, police reports, and accident scene photos is critical to understanding the circumstances of the death. These records help establish what happened, when it occurred, and whether preventable negligence was involved.
- Interviewing witnesses – Witnesses provide valuable firsthand accounts that can clarify how the incident occurred and who may be at fault. Speaking to individuals who were present during or immediately after the event is essential for gathering objective information.
- Consulting with experts – Expert witnesses, such as medical professionals or accident reconstruction specialists, can provide critical insight into the case. These experts analyze evidence and explain complex findings, such as the cause of death or the sequence of events, in a way that is understandable to a jury. Their testimony can be pivotal in proving negligence and holding the responsible party accountable.
- Analyzing negligence – Determining whether the responsible party breached their duty of care involves reviewing their actions or omissions. Negligence is established by showing that a reasonable person in a similar situation would have acted differently to prevent harm.
- Identifying damages – Calculating the financial and emotional impact of a wrongful death involves assessing losses such as funeral expenses, lost income, and the emotional pain of losing a loved one. Nevada law allows families to pursue compensation for both economic and non-economic damages per NRS § 41A.007 and NRS § 41A.011. Thorough documentation of these losses is crucial if you hope to get the most out of your claim.
For your wrongful death claim to be successful, Nevada law requires proof by a preponderance of the evidence under NRS § 233B.0375. This means we must demonstrate that it is more likely than not that the defendant’s negligence caused your loved one’s death. With a knowledgeable legal team handling the legalities of your case, you can get through these difficult times and demand justice for your family.
The Wrongful Death Claims Process
Filing a wrongful death claim involves a detailed process designed to hold the liable party accountable and secure full compensation for your family’s losses. While the investigation gathers the evidence needed to support the claim, the claims process focuses on initiating legal action, negotiating, and potentially resolving the case. Understanding these steps can help your family prepare for what is to come as you seek justice for your loved one and typically include:
- Filing the claim – The first step is filing a wrongful death claim in civil court, which involves submitting legal documents that outline the case. These documents must include details about the deceased, the negligent party, and the damages being sought.
- Serving the defendant – After filing, the defendant must be formally served with the lawsuit to notify them of the legal action. This step ensures the defendant has an opportunity to respond and begin their defense. Proper service of process is essential to moving the case forward without procedural delays.
- Engaging in discovery – The discovery phase involves exchanging information between the parties to gather additional evidence and build the case. This can include depositions, interrogatories, and requests for documents, such as medical records or accident reports. Discovery allows both sides to assess the strength of the evidence and prepare for potential settlement discussions or trial.
- Negotiating a settlement – Many wrongful death claims are resolved through settlement negotiations before reaching trial. During this stage, both parties discuss terms to agree on fair compensation that reflects the family’s economic and emotional losses. Having a highly skilled legal representative is crucial here to avoid accepting inadequate offers and ensure all damages are taken into consideration accordingly.
- Proceeding to trial – If a settlement cannot be reached, your case may proceed to trial, where a judge or jury will evaluate the evidence and determine liability. At trial, each side presents their arguments, supported by witnesses, expert testimony, and documentation. The court’s decision will determine whether the defendant is held accountable and, if so, the amount of compensation you should be awarded.
The wrongful death claims process is designed to provide families with an opportunity to seek justice for their losses and suffering. It can be extraordinarily challenging to cope with while you are still mourning your loss. However, having an experienced legal team ensures your case is handled effectively, which should allow your family to focus on grieving.
The Statute of Limitations for Filing a Wrongful Death Claim
Timeliness is critical, as Nevada law under NRS § 11.190(4) imposes a two-year statute of limitations on wrongful death claims. This means that if your family is interested in seeking compensation, you must initiate your claim within this timeframe to preserve your right to pursue legal action. Failing to file within the statute of limitations can result in the case being dismissed, which would prevent your family from moving forward with your wrongful death claim.
It is important to act quickly, as building a compelling wrongful death claim requires time to gather evidence, consult experts, and prepare legal documents. Delays can make it harder to collect critical evidence, such as witness statements or medical records, which may weaken your case. Working with your legal team early in the process helps ensure all deadlines are met and allows families to focus on mourning while their claim moves forward.
Who Can File a Wrongful Death Claim in Las Vegas
Per NRS § 41.085, an heir or personal representative of a deceased person (decedent) may be eligible to file a death claim. The heir or representative depends on the case. Examples of people who file death claims on behalf of a decedent include:
- Child
- Parent
- Spouse or domestic partner
- The executor of the estate
How Much Your Death Claim Is Worth
You cannot put a price on the loss of life. In a wrongful death claim, you must account for your short- and long-term losses. A wrongful death attorney in Las Vegas works with you to determine the financial impact of your loss and prepares an argument designed to help you secure a fair settlement.
The amount you ask for in your wrongful death claim may be very different from what someone else requests. For instance, if a parent died in a slip and fall accident that occurred due to a property owner’s negligence, their surviving child may be dealing with a loss of income and other damages and require the support of a reputable Las Vegas slip and fall lawyer.
Alternatively, if a parent dies after a car accident in which they require significant medical care, their surviving child may sue an at-fault driver for compensation to cover the decedent’s healthcare costs and other losses.
When calculating how much a claim for wrongful death is worth, a dedicated Las Vegas wrongful death lawyer can account for the decedent’s age, life expectancy, and other factors. We also review medical records and look for other evidence to support a plaintiff’s request for damages. This helps us build a powerful argument that may resonate with a judge or jury.
Damages You Can Request in a Wrongful Death Claim
You can request economic and non-economic as part of your claim. Economic compensation may be awarded for losses you can quantify, while non-economic damages may be provided for subjective harm. You may be able to get compensation for various expenses relating to the loss of the decedent, including:
- Medical bills
- Funeral and burial costs
- Lost wages
- Loss of companionship
Based on NRS § 42.005, you may receive punitive damages in conjunction with economic and non-economic losses. Punitive compensation is not guaranteed but may be awarded to deter an at-fault party from committing future acts of negligence. Your wrongful death lawyer in Las Vegas can explain the different types of damages in detail and help you submit a request for the most compensation possible.
Insurance Coverage for a Wrongful Death
There are situations where someone dies, their surviving family members request compensation, and these individuals receive money based on an insurance policy. For example, a parent may die in a car accident caused by a negligent motorist. To secure compensation a surviving child may be able to secure compensation via an auto insurance claim.
In this example, whether compensation is provided depends on several things. The motorist who caused the crash must have auto insurance that provides sufficient coverage for all of the damages the surviving child requests. If the driver does not have adequate coverage or any insurance at all, a lawsuit may be required to get damages.
Keep in mind that an insurance company is interested in protecting its clients, even those who wrongfully kill others. If you have a legitimate death claim, an insurer is still likely to do whatever it can to avoid paying you. Fortunately, an experienced legal advocate from H&P Law can help you deal with an insurance company and get the compensation you want.
Accepting a Settlement vs. Going to Trial
There can be times when you are offered a wrongful death case settlement from an at-fault party. If you approve the offer, you may receive compensation right away. If you and your attorney believe the offer is unfair, the case may move to trial.
Any time you are offered a settlement, discuss the proposal with your attorney. If you have a lawyer who has achieved outstanding case results at your side, you are in good hands. Your Las Vegas wrongful death attorney understands what is fair, and we can help you weigh the pros and cons of accepting an offer versus going to trial.
There is no reason to approve a settlement proposal unless it meets your expectations. If a settlement offer is below what you believe the claim is worth, you have the right to decline. We can keep working together to seek the best outcome for your claim.
Partner with H&P Law for the Support You Need
Your family may be mourning the loss of your loved one, but over time, your grief may turn to anger, particularly when you start to realize that your loved one’s death may have been preventable.
With the help of a highly experienced wrongful death attorney in Las Vegas, you have an opportunity to make them pay. This is your chance to demand maximum compensation and ensure the at-fault party is held accountable to the fullest extent of the law.
At H&P Law, we have a team in place that has more than 60 years of combined legal experience. We can help you submit your wrongful death claim. To find out more, contact us today.
