Families suffer unimaginable pain when they lose a loved one to an unexpected and preventable death. They are stunned, grief-stricken, often enraged by the injustice, and terrified by the potential financial fallout. A Paradise personal injury lawyer from H&P Law is here to help families get justice and regain their financial footing.
Super Lawyers has given our team a “Top Rated” designation over multiple years, and we offer that level of service and representation to every client. There is a way for your family to get through this extremely trying time, and a Paradise wrongful death lawyer can help you find that path.
Situations that May Prompt a Wrongful Death Claim
A preventable death resulting from the negligence of another party could present grounds for a wrongful death claim. Situations prompting some of the more common types of wrongful death cases in Nevada include:
- Motor-vehicle crashes: Distracted or impaired drivers, and those who speed or drive recklessly, all choose to engage in these potentially deadly behaviors.
- Premises liability accidents: Property owners must work to keep their premises safe for visitors by removing hazards or warning guests of their presence, and ensuring proper fire and safety measures are in place.
- Product malfunctions: Product manufacturers, designers, and marketers must make sure their products work safely when used as intended.
- Medical malpractice: Failing to diagnose, improper treatment, unnecessary or botched surgeries are all examples of avoidable errors practitioners make that can lead to death.
- Acts of violence: Some wrongful deaths result from domestic violence, assault, or when victims are “caught in the crossfire” as offenders carry out a crime.
The common factor underlying all wrongful deaths is that they didn’t have to happen. The decedent only passed because of the offending party’s negligence. Whatever situation caused your loved one’s untimely, preventable death, a Paradise wrongful death attorney can help you fight for justice.
A Paradise Wrongful Death Attorney Can Provide Immediate Help
Per the Nevada Revised Statutes (NRS) 11.190, there is a two-year legal deadline for filing a wrongful death claim. That clock usually starts ticking the day of your loved one’s death. If you miss the deadline, you may lose your opportunity to sue the at-fault party for damages. Some circumstances delay the start of the legal timer, so don’t assume you are too late without speaking to an attorney.
A swift partnership with H&P Law can protect you from missing that deadline. It also provides you with immediate support. Families are often in a state of emotional turmoil when going through a wrongful death claim. There may be conflict among surviving members. We know how to support you through those conflicts and help you make wise decisions.
Representatives for the at-fault party may approach you with settlement offers. Likely, these offers are lower than the true value of your claim. The other side hopes that in your vulnerable state, you will accept the offer to put the ordeal behind you. Our team knows the value of your claim. Don’t accept offers until we have reviewed them for fairness.
How Wrongful Death Claims in Nevada Work
Wrongful death claims have two components, as established in NRS 41.085. Surviving heirs can demand compensation for “grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent.”
The personal representative of the decedent’s estate can file on behalf of the deceased for other damages. These include funeral and burial costs, and related medical costs if the deceased did not immediately die from the injury.
If warranted, the personal representative can also demand punitive damages, which impose an additional penalty on offenders in cases of extreme negligence. A wrongful death lawyer in Paradise can explain the procedures to you, managing all legalities on your family’s behalf. Our goal is to get you the full compensation you deserve.
When Filing a Survival Action Is an Option
If your loved one lingers after the accident before succumbing to death, a personal representative may be able to file a survival action to recover specific damages. An attorney can help you understand wrongful death vs. survival actions: key differences. Essentially, these damages account for losses the victim sustained while injured and prior to death, such as lost wages and pain and suffering.
How to Build a Strong Wrongful Death Claim
Our team knows how to prove wrongful death in Nevada. Strong, convincing evidence is foundational for successful claims, and we know how to compile that evidence. Depending on the type of incident involved, evidence may include:
- Police reports
- Medical reports
- Witness testimony
- Video footage of the accident
- Photos and physical evidence from the accident scene
- Autopsy reports
- Analysis from relevant expert witnesses
Experienced attorneys can investigate the death to identify the at-fault party, and use that evidence to show the party’s negligence ultimately caused your loved one’s death. The amount of fault that party holds plays a significant role in your eligibility to file a claim and the amount of compensation available.
Comparative Negligence and Wrongful Death
Nevada’s comparative negligence statute, NRS 41.141, applies to wrongful death claims. Heirs can only file for damages if the decedent was 50% or less to blame for the incident leading to their death. For those eligible to file, compensation can still undergo reduction in proportion to any smaller percentage of fault the victim held.
Compensation Amounts
There is no average wrongful death settlement amount in Nevada. Compensation varies depending on specific case factors. The decedent’s degree of fault, age, and earning capacity are among those factors. You can trust your wrongful death attorney in Paradise to assess the value of all losses with precision and fight for the highest amount possible.
We Fight to Make Things Right
Wrongful deaths shouldn’t happen. Families shouldn’t have to suffer such unnecessary pain. Still, negligent parties continue to cause preventable deaths and upend surviving family members’ lives.
H&P Law is ready to help restore justice and get affected families back on stable financial ground. Reach out to a Paradise wrongful death lawyer to arrange a free consultation. We’re here for your family.
