The unexpected loss of a loved one sends shockwaves through families. The grief seems impossible to process. Once reality sets in, families recognize the financial fallout.
A Spring Valley personal injury lawyer from H&P Law can fight to secure compensation to stabilize your finances and hold the negligent party accountable for the harm and injustice they have visited on your family. Our team has a “superb” 10.0 Avvo rating. You’ll see that exceptional service and representation firsthand when you partner with a Spring Valley wrongful death lawyer.
A Wrongful Death Attorney in Spring Valley Can Manage Your Legal Needs
A wrongful death is one that should not have happened. It is not the result of natural causes of an unavoidable illness. Families affected by a wrongful death are victims of injustice and may be eligible to file a wrongful death claim for compensation.
A Spring Valley wrongful death attorney can explain who can sue for wrongful death in Nevada and handle the legalities involved in filing. The decedent’s personal representative can file for certain damages on behalf of the decedent’s estate. These damages include those for funeral and burial costs and potential punitive damages if the accident involved egregious negligence.
Surviving heirs can file for their own pain and suffering, loss of companionship and affection. They can also seek compensation for the decedent’s lost future earnings and job benefits, and the value of other household contributions and support.
When You Have Grounds for a Wrongful Death Claim
Per Nevada Revised Statutes (NRS) 41.085, you may have grounds to file a wrongful death claim when your loved one dies because of the “wrongful act or neglect of another.” Such neglect or wrongful acts could be demonstrated in:
- Motor vehicle crashes
- Pedestrian accidents
- Accidents occurring on someone else’s property, such as falls or drownings
- Assaults and incidents of domestic violence
- Fires
- Incidents involving medical malpractice
- Accidents involving defective products
For a favorable outcome, you need to show the offending party owed your loved one a duty of care. This is a legal obligation to uphold another’s safety. Then, you must show they failed to fulfill that duty, and the failure resulted in your loved one’s death.
Grounds for a Survival Action
Your loved one may not immediately die from the accident or act of violence leading to their death. In these cases, you may have grounds to file a survival action to recover specific damages. A wrongful death lawyer in Spring Valley can help you understand wrongful death vs. survival actions: key differences.
Our goal is to get justice for your loved one’s suffering and loss of life, and the consequences of the death on your family.
Securing Compensation for a Loved One’s Wrongful Death
Through a Nevada wrongful death claim, getting compensated for your losses is possible. The team at H&P Law will evaluate your losses to calculate a settlement demand representing the true value of your claim. Specific factors affect that amount. Your loved one’s age and earning capacity, their degree of fault (if any), and whether they required related medical care prior to death all matter.
After determining an amount, an attorney will send the other side a demand letter establishing the amount. This letter typically prompts a response of a lower offer, opening negotiations. The sides continue presenting evidence, arguments, and counteroffers until agreeing on a settlement amount.
While many wrongful death claims resolve through a settlement, not all do. Sometimes the other side uses stall tactics or refuses to make just offers. If this happens in your case, an attorney can discuss the option of going to trial, explaining settlements vs. verdicts: what’s the difference. Our fierce trial attorneys have a history of success. You are in capable hands no matter which path your case takes.
Wrongful Death Statute of Limitations
To preserve your right to take your claim to court, you must file your wrongful death claim within the two-year deadline established in NRS 11.190. Partnering with an attorney as soon as possible protects you from missing this timeframe.
Don’t automatically give up hope if two years have passed. In some situations, extensions apply to that deadline. Call us for a free case consultation to find out if your claim can still go forward.
How Nevada’s Negligence Laws Affect Your Damages
Nevada operates under a modified comparative negligence system for personal injury claims. Wrongful death is a type of personal injury claim. Per NRS 41.141, victims of preventable injuries can file for damages provided they are 50% or less responsible for the accident causing those injuries.
This same standard of fault applies to your loved one. As long as they were not assigned more than 50% of the blame for the accident leading to their death, you can file a wrongful death claim. Any smaller percentage of responsibility assigned to them can affect your compensation amount.
You’ll see a compensation deduction matching your loved one’s percentage of fault. For example, if they died in a fatal car accident and were 30% responsible for the crash, you can collect 70% of the total calculated settlement amount.
Evidence Supporting Your Claim
It’s in the other side’s best interests to put as much blame on your loved one as possible. Doing so reduces the damages they have to pay. Connecting with a wrongful death attorney in Spring Valley quickly gives our team time to collect evidence to support your claim against the at-fault party and minimize your loved one’s culpability. Evidence may include:
- Physical evidence from the accident site
- Testimony from witnesses
- Medical documentation
- Video footage of the accident
- Analysis from relevant experts
Some evidence can get lost as time passes, so the sooner you get in touch with us, the better for your claim.
You and Your Family Deserve Justice
The unexpected loss of a loved one completely changes your life. Adjusting to that loss is hard enough. You should not also have to struggle to find solutions to the financial chaos incurred. A Spring Valley wrongful death lawyer can help you avoid that struggle. Connect with H&P Law for a free case review. You and your family deserve justice, and we are ready to fight for it.
