Your entire world can be turned upside-down with the death of a loved one. The grieving process can be that much more difficult when the death was caused by the negligence or willful act of someone else and has caused you and your family emotional trauma and financial harm. In tragic cases like these, you may be able to take advantage of the law in Nevada and sue the at-fault party for wrongful death with the help of a Las Vegas wrongful death attorney.
The law provides a means for you to hold the responsible parties accountable for their misconduct and receive damages for your losses and Valiente Mott Injury Attorneys can help you. Reach out to our dedicated Las Vegas personal injury lawyers to see how we can help you get justice, compensation, and some measure of closure for the wrongful death of a loved one in Las Vegas.
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How a Las Vegas Wrongful Death Lawyer Can Help After The Loss of a Loved One
If you have lost a loved one due to a wrongful death, it’s important that you consult with an experienced Las Vegas wrongful death attorney as soon as possible. Valiente Mott Injury Attorneys can investigate your claim, communicate with the insurance company on your behalf, and negotiate a fair settlement with the insurance company, if possible. If the true value of your claim exceeds insurance policy limits or the insurer is unwilling to make a fair deal, we are ready and able to take your case to court and sue the at-fault party and the insurer directly.
We have open communication channels with our clients and take action only if it’s in your best interests. We will never be satisfied until we get you the full compensation amount that your family deserves.
The sooner we come on board, the better, as much of the most valuable evidence in these types of cases gradually decreases in value or disappears altogether over time – such as surveillance camera footage of a workplace accident or eyewitness testimony for a car crash where liability was disputed.
Most Common Types of Wrongful Death Cases in Las Vegas
You may be eligible to file a wrongful death claim if your loved one would have been able to file a personal injury claim had they survived. In other words, the death must result from another person or entity’s negligence or intentional actions. Wrongful death claims allow surviving family members to seek compensation and hold responsible parties accountable.
Some of the most common types of wrongful death cases in Las Vegas include:
- Medical Malpractice: Deaths caused by surgical errors, misdiagnosis, or improper medical treatment.
- Premises Liability: Fatal accidents on unsafe property, including slip and fall incidents.
- Vehicle Accidents: Car, truck, bus, motorcycle, taxi, bicycle, or pedestrian accidents caused by negligence or reckless driving.
- Product Liability: Deaths resulting from defective or dangerous products, machinery, or consumer goods.
- Workplace Accidents: Fatalities caused by unsafe working conditions or employer negligence.
- Nursing Home Abuse or Neglect: Deaths due to inadequate care, abuse, or neglect in long-term care facilities.
Types Of Damages You May Pursue In a Las Vegas Wrongful Death Claim
When filing a wrongful death claim, damages are divided into economic, non-economic, and punitive categories. Understanding how they’re calculated can help you see what your family may be entitled to.
Economic Damages (Financial Losses)
Economic damages cover measurable financial losses caused by the death, including:
- Medical Expenses: Costs for treatment related to the injury before death.
- Lost Income and Benefits: Wages the deceased would have earned, including raises, bonuses, and retirement contributions.
- Household Services: Value of childcare, cooking, cleaning, and other household contributions.
- Funeral and Burial Costs: Reasonable expenses for memorial services.
- Other Costs: Transportation, assistive devices, or home modifications related to the injury.
Courts often rely on expert testimony to estimate future earnings and financial losses accurately.
Non-Economic Damages (Emotional and Personal Losses)
Non-economic damages cover losses that aren’t financial but affect your family’s life:
- Pain and Suffering of the Deceased: Physical and emotional distress before death.
- Loss of Companionship and Support: The absence of care, guidance, or emotional support from the deceased.
- Loss of Enjoyment of Life: Experiences and opportunities the deceased missed due to their untimely death.
Special considerations are made when the deceased is a child or elderly person.
Punitive Damages
Punitive damages are only awarded in cases of extreme negligence or intentional wrongdoing to punish the responsible party, such as reckless behavior that leads to death.
Case Value Examples
While every case is unique, typical settlements illustrate the range of potential compensation:
- Fatal car or truck accident with a working adult: $1M – $5M
- Fatal workplace accident with lost household contributions: $500,000 – $2M
- Wrongful death of a child due to negligence: $2M – $6M
At Valiente Mott Injury Attorneys, we combine detailed damages analysis with aggressive negotiation or litigation strategies to ensure families receive full and fair compensation.
How Long Do I Have To File a Wrongful Death Claim in Nevada?
In Nevada, the statute of limitations for filing a wrongful death claim is two years from the date of your loved one’s death (NRS 11.190). Missing this deadline typically means losing your right to pursue financial recovery, with very limited exceptions.
At Valiente Mott Injury Attorneys, we act quickly to ensure all legal deadlines are met and to preserve the strongest possible case. Contact our Las Vegas wrongful death lawyers today for a free consultation and take the first step toward justice and compensation for your family.
Nevada Wrongful Death Laws Explained
Understanding Nevada’s wrongful death laws is critical because these statutes control who can file, what you can recover, and how long you have to act. Here’s what families need to know.
NRS 41.085 — Nevada’s Wrongful Death Statute
NRS 41.085 is the core Nevada law that defines who can bring a wrongful death claim and what each party is allowed to recover. There are two categories of claimants:
Why This Matters: This structure is why many Nevada claims involve two parallel claims within one lawsuit—one for the heirs and one for the estate.
NRS 41.100 — Nevada’s Survival Action Statute
NRS 41.100 allows the estate to pursue a separate claim for harms suffered by the victim before they died.
Key Distinction: This statute is what makes survival actions legally distinct from wrongful death claims — and why filing both is often essential to maximize compensation.
NRS 11.190 — Nevada’s 2-Year Statute of Limitations
Critical Warning: If you wait too long, the court will bar the claim entirely — no extensions, no exceptions in most cases. Early legal action is the safest path.
Nevada’s Comparative Negligence Rule (The 51% Bar Rule)
Nevada uses a modified comparative negligence system that directly impacts your ability to recover damages.
Insurance Strategy: Insurance companies rely on this statute to deny or minimize claims — which is why having counsel involved early helps lock down liability.
Links to Nevada Statutes
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Who Can File a Wrongful Death Claim in Nevada?
Nevada law limits who can pursue a wrongful death claim. Under NRS 41.085, two groups may file:
- Heirs (eligible family members)
- The personal representative of the estate
1. Eligible Family Members (Heirs)
These relatives have priority under Nevada’s wrongful death statute:
- Surviving spouse or registered domestic partner
- Surviving children (biological or adopted)
- If no spouse or children → surviving parents
- If no parents → surviving siblings
- If none of the above exist → heirs under Nevada’s intestate succession laws
These beneficiaries can recover for their own losses — grief, loss of support, loss of companionship, etc.
2. Personal Representative of the Estate
The estate’s personal representative may file a separate claim for:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Lost earnings the deceased would have accumulated
This representative is either:
- The executor named in a will, or
- An administrator appointed by the court when no will exists.
Financial Dependents Who May Qualify
Nevada allows certain non-relatives or extended family members to file only if they can prove genuine financial dependence, such as:
- Non-married partners
- Stepchildren or stepparents not legally adopted
- Other dependents who relied on the deceased for support
These claims are rare and require strong documentation.
Who Cannot File
The following individuals generally do not have standing:
- Friends
- Unmarried partners without proven financial dependence
- Non-dependent stepchildren
- Distant relatives who were not heirs
If Multiple Family Members Want to File
Nevada treats all qualified heirs as a single group. This means:
- One claim is filed on behalf of everyone
- Eligible beneficiaries share the recovery
- If the family disagrees, the court determines who takes the lead based on statutory priority
Survival Actions In Las Vegas
Most families don’t realize they may have two separate claims after a fatal accident in Nevada:
- A wrongful death claim (for the family’s losses), and
- A survival action (for the losses the victim suffered before passing).
A survival action, allowed under NRS 41.100, is filed on behalf of the deceased person’s estate. It covers the harm the victim endured from the moment of injury until death, including:
- The victim’s pain and suffering
- Medical expenses related to the final injury
- Funeral and burial costs
- Any other damages the victim would have been entitled to if they survived
Unlike wrongful death compensation, which goes directly to surviving family members, funds recovered through a survival action are added to the estate and then distributed to heirs according to the will or Nevada’s intestacy rules.
Why Survival Actions Matter
Filing a survival action in addition to a wrongful death claim can significantly increase total compensation. It allows the family to recover for a separate category of damages that insurance companies often try to avoid paying. Families essentially open the door to two avenues of financial recovery instead of one, which is why experienced Las Vegas wrongful death attorneys always evaluate both claims.
Maximizing Recovery After a Wrongful Death
At Valiente Mott, we make sure families pursue every available legal option, including survival actions when applicable. This helps ensure the full extent of the harm, both to the victim and to the surviving family, is accounted for.
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How a Las Vegas Wrongful Death Lawyer Can Help After The Loss of a Loved One
Losing a loved one is devastating, especially when their death was caused by someone else’s negligence. Consulting an experienced Las Vegas wrongful death attorney as soon as possible is crucial. Valiente Mott Injury Attorneys can investigate your case, handle communications with insurance companies, and negotiate a fair settlement on your behalf.
If the claim’s true value exceeds policy limits or the insurer refuses a fair offer, we are prepared to take your case to court and pursue full compensation from the at-fault party.
We prioritize open communication and take action only in your family’s best interest. Acting quickly is important because key evidence — like surveillance footage or eyewitness testimony — can disappear or lose value over time. Early legal guidance ensures your case is thoroughly preserved and maximizes the compensation your family deserves
Speak Our Las Vegas Wrongful Death Attorney Today
If you have questions about your loved one’s death and whether a lawsuit is viable, call Valiente Mott Injury Attorneys today to schedule a zero-cost case evaluation. Our experienced wrongful death lawyers in Las Vegas are dedicated to helping you navigate through this challenging time with compassion. We take pride in fighting for justice on behalf of innocent victims, and would love to help you.
At Valiente Mott Injury Attorneys, we understand the emotional and financial burdens of wrongful death claims, and that’s why we offer our services on a contingency basis. This means we do not charge our clients any fees unless we prevail in your case. Let us help you explore your legal options and work towards the closure and compensation you deserve.
