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 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.
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 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.
What Qualifies As A Wrongful Death Case in Las Vegas?
You might be eligible to file a wrongful death case if the deceased person would have been eligible to file a personal injury claim in Las Vegas had he or she survived. In other words, the victim must have been injured as a result of the negligence of another person or entity. Wrongful death claims seek to provide compensation for the survivors and to hold the responsible party accountable for their actions or negligence that led to the death. Here are some common causes of Las Vegas wrongful death cases:
- Medical malpractice: Wrongful death claims can arise when a death is caused by a healthcare professional’s negligence, such as surgical errors, misdiagnosis, or improper treatment. These claims involve proving that the medical standard of care was breached and directly led to the death.
- Premises liability such as slip and fall accidents in Las Vegas: If a person dies due to unsafe conditions on someone else’s property, such as in a slip and fall accident, their family can file a wrongful death claim with the guidance of a Las Vegas slip and fall attorney. It must be shown that the property owner failed to maintain safe conditions or warn of hazards.
- Car, truck, bus, motorcycle, taxi, bicycle, and pedestrian crashes: Fatal car accident cases involving any form of transportation can lead to wrongful death claims. These claims typically focus on proving that another party’s negligence or reckless behavior caused the accident leading to the death. Depending on the type of vehicle involved we have a team of both Las Vegas car accident lawyers and Las Vegas truck accident attorneys that can help you navigate your claim.
- Products liability: When a death is caused by a defective or dangerous product, such as faulty machinery, toxic substances, or unsafe consumer goods, a wrongful death claim can be filed against the manufacturer or seller. The claim hinges on proving the product was inherently dangerous or lacked proper warnings.
- Workplace accidents: Families can file wrongful death claims if their loved one dies due to a workplace accident, often involving unsafe working conditions or employer negligence. These claims can intersect with workers’ compensation laws, depending on the jurisdiction.
- Nursing home abuse and neglect: Wrongful death claims can be brought forward if a resident’s death in a nursing home is due to abuse, neglect, or inadequate care. The claim would focus on the facility’s failure to provide a safe, nurturing environment.
Types Of Damages You May Pursue
There are three different types of damages that you may pursue in a wrongful death claim: economic damages, non-economic damages, and punitive damages.
Some common examples of economic damages include:
- All medical bills related to the deceased’s injuries prior to their death: In wrongful death claims, compensation often includes covering the medical bills incurred due to the injuries that eventually led to the deceased’s death.
- Lost past, present, and future wages of the deceased: Compensation can also be sought for the earnings the deceased would have provided, including past, present, and projected future wages, to support the family’s financial stability.
- Transportation via helicopter or ambulance to the emergency room: Costs for emergency medical transportation, such as ambulance or helicopter services used to transport the deceased to the hospital, can be included in the claim.
- Assistive devices: If the deceased required assistive devices due to their injuries before passing away, such as wheelchairs or home modifications, these expenses can be claimed.
- Funeral and burial expenses: Wrongful death claims typically include compensation for funeral and burial expenses, alleviating the financial burden of these costs for the deceased’s family.
Non-economic damages, on the other hand, would include the following:
- Physical and emotional pain and suffering of the deceased victim: Compensation in wrongful death claims may include damages for the physical and emotional pain and suffering endured by the victim before their death.
- Loss of companionship: The family of the deceased can seek damages for the loss of companionship, acknowledging the emotional and relational impact due to the absence of their loved one.
- Loss of enjoyment of life: This aspect of the claim addresses the deceased’s lost potential experiences and enjoyment of life, recognizing the opportunities and happiness they were deprived of due to their untimely death.
Punitive damages in Nevada are generally reserved for claims featuring particularly egregious behavior by the defendant. For example, driving 66 miles per hour in a 55 mile per hour zone and causing a fatal accident likely would not give rise to punitive damages. However, driving 120 miles per hour in that same zone might.
How Long Do I Have To File?
If you and your family have recently lost a loved one in what may have been a wrongful death accident, our Las Vegas wrongful death attorneys at Valiente Mott fully understand that your entire family may be reeling emotionally and financially. Keep in mind, though, that the statute of limitations for wrongful death claims in Nevada is two years. This means that, although there are some exceptions, you typically have two years from the date your loved one died in which to file your claim, or you risk losing all legal rights to financial recovery for this claim.
Our team of wrongful death attorneys in Las Vegas can help make sure that every legal deadline is met and build the strongest case possible on your behalf. Just reach out today for a free consultation to see what we can do for you and your family during this challenging time.
Who Can File A Las Vegas Wrongful Death Claim?
In Las Vegas, Nevada, the eligibility to file a wrongful death claim is specifically outlined in NRS 41.085. Under the law, the following parties are typically authorized to file a wrongful death claim:
- The Personal Representative of the Deceased: This is often the executor or administrator of the deceased’s estate, as specified in their will or appointed by the court.
- Surviving Family Members: This includes:
- The spouse or domestic partner of the deceased.
- Children of the deceased, including adopted children and, in some cases, stepchildren.
- If there is no surviving spouse, domestic partner, or children, the parents of the deceased may file a claim.
- Any Heirs: If there are no direct family members as mentioned above, any heirs as defined under Nevada’s laws of intestate succession can file a claim.
- Others: In some cases, individuals who were financially dependent on the deceased, such as a non-legal spouse or a stepchild not legally adopted by the deceased, may also be eligible to file a claim.
These laws ensure that those closest to the deceased have the right to seek compensation for their loss. It’s crucial for potential claimants in Las Vegas to consult with a legal professional to understand their eligibility and the nuances of these statutes fully.
Survival Actions In Las Vegas
Under NRS 41.100, survival actions offer a distinct legal avenue separate from wrongful death claims. A survival action is brought on behalf of the deceased’s estate, rather than the surviving family members. This claim seeks compensation for the pain and suffering that the deceased experienced from the time of their injury until their death. This could include physical pain, mental anguish, and other forms of suffering endured due to the injury. Unlike wrongful death claims, which seek to compensate the deceased’s family for their losses, survival actions are aimed at addressing the direct impact of the injury on the deceased. Any compensation awarded in a survival action becomes part of the deceased’s estate and is typically distributed according to their will or, in the absence of a will, through Nevada’s intestate succession laws.
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 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, 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.
