Losing a family member in a fatal accident can be devastating. A North Las Vegas wrongful death lawyer can help you during this challenging time in your life. In addition to being empathetic and compassionate, your attorney can advocate for you and help you recover compensatory damages from anyone who contributed to your loved one’s death.
The H&P Law team has more than six decades of combined legal experience. Trust a North Las Vegas personal injury lawyer from our team to help you deal with the legal ramifications that come with the loss of a loved one due to no fault of their own. Contact us today for more information.
Determining If You Are Eligible to File a North Las Vegas Wrongful Death Lawsuit
Suing for damages may not be a consideration as you cope with the aftermath of a family member’s death. Regardless, you may be eligible to seek compensation from anyone liable for the loss of your loved one. Those who may be able to file a wrongful death lawsuit include:
- Surviving spouse of the decedent (deceased person)
- Decedent’s children, parents, or siblings
- Personal representative of the decedent if this individual had a will
At H&P Law, we understand that wrongful death cases in Nevada can be complex. A North Las Vegas wrongful death attorney from our team can guide you through your legal proceedings and help you make informed decisions every step of the way. Schedule a free case consultation with us.
When to File a Wrongful Death Lawsuit
The Nevada Revised Statutes (NRS) limit the time frame in which you are allowed to file your lawsuit. Per NRS 11.190, you may have up to two years from the date of a family member’s death to sue. A wrongful death lawyer in North Las Vegas can help you weigh the pros and cons of requesting damages and determine if you should move forward with your case.
It can be emotionally exhausting to submit a lawsuit based on a loved one’s death. Your attorney understands Nevada wrongful death claims and their impact on plaintiffs and their families. They focus on handling your legal matters while you and your family members care for and support one another.
Your lawyer can teach you about Nevada’s statute of limitations and other legal topics. If you proceed with your litigation, they will represent you to the best of their ability. Your attorney will keep you updated about your case and put you in a position to secure fair compensation for your losses.
Damages You Can Request in Your Lawsuit
A wrongful death attorney in North Las Vegas will encourage you to ask for economic and non-economic damages. They will review the facts of your case and evaluate your losses. Reasons why you could recover damages in your lawsuit include:
- Burial and funeral expenses
- Medical bills
- Loss of income
- Pain and suffering
- Loss of companionship
Your lawyer can calculate your personal injury settlement value. They will also look for evidence that you can use to support your argument. If you have an abundance of proof, it may be clear to a judge or jury that you should be awarded full damages.
Proof That Can Help You Win or Settle Your Lawsuit
Ultimately, your chances of winning your wrongful death lawsuit depend on your evidence. Your lawyer can help you collect proof that you can use in your argument against an at-fault party. Evidence that may be used in your lawsuit includes:
- Medical records
- Witness statements
- Accident and police reports
- Photos and videos from an accident scene
- Pay stubs and other financial documents
If you have plenty of proof, the defendant in your lawsuit may have concerns about your case against them. These could prompt the defendant to offer a reasonable settlement. By approving this offer, you could get compensation and close your case in less time than what would be required if you go to trial.
How to Prove Negligence in Your Lawsuit
Saying you want damages is insufficient. It is your responsibility to prove to the court that the defendant in your lawsuit was negligent and that their actions impacted the decedent. When you argue your case, you must show that the following elements of negligence were present at the time of this individual’s death:
- Duty of Care: It was reasonable for a party to act in a cautious manner in alignment with the law.
- Breach of Duty of Care: This party chose to act recklessly and carelessly and, in doing so, violated their duty of care toward others.
- Causation: The party’s actions led to the wrongful death.
- Damages: The death has resulted in quantifiable and subjective losses.
Your lawyer can explain negligence and its elements in detail. They will prepare your argument in a way that proves to the court that the defendant acted negligently. In the same way, they will account for the defendant’s case and explore ways to contest their argument.
What to Expect Throughout Your Wrongful Death Litigation
It can be overwhelming to go through wrongful death litigation by yourself. Thankfully, your lawyer offers assistance and serves as a valuable resource. During your legal proceedings, they can address your concerns and questions.
Prior to your trial, the defendant could offer a settlement. If this happens, you can review the proposal with your lawyer. You decide whether to accept or decline a proposal, and your attorney can provide insights into what can happen with any decision you make on it.
If no settlement is reached, you and your lawyer will present your case to a judge or jury. The court will decide if you will be awarded damages. If your argument is compelling, the court may be inclined to order the defendant to pay damages.
Partner with a Wrongful Death Lawyer
The H&P Law team knows the challenges you will face if you submit a wrongful death lawsuit. Our team can help you hold a liable party accountable for their negligence and recover damages from them. Request a free case consultation with us.
