Las Vegas Wrongful Death Lawyer

The loss of a loved one is an indescribable event that changes your life and the lives of everyone who knows your loved one. Accidents occur daily, but the severity and cause of the accident can often be traced back to the actions of an individual or a business. People can make mistakes like misdiagnosing an illness or looking at their phone while driving.

However, if this mistake results in the death of another person, they should be held accountable for their actions. If you have lost a loved one in an accident, you may be entitled to damages against the responsible party. Talk to a Las Vegas wrongful death attorney at De Castroverde Law Group – Accident & Injury today to discuss your options.

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Wrongful Death

Wrongful death results when one person’s actions lead to the death of another person. Each claim can also be based on either an intentional action, negligent action, or strict liability claims for dangerous products.

These actions often take the form of negligent behavior and can include the following:

#1. Distracted Driving

Distracted driving has become more prevalent with the advent of cell phones and other devices. It can take mere seconds to lose control of your car while texting or talking on the phone. These distractions can cause the driver to hit another vehicle, drive off the road, or even lead to death.

#2. Drunk Driving

Similarly, drunk drivers have caused thousands of preventable deaths every year. People under the influence of alcohol or drugs can cause accidents that result in wrongful death.

#3. Product Defects

If your loved one was killed because of a defective product, such as an automobile part or medical device, you might be able to file a lawsuit under product liability laws.

#4. Medical Malpractice

If a doctor or other medical professional fails to provide proper care for your loved one and it led to their death, you could sue for compensation. Family members typically file this type of lawsuit on behalf of the deceased person.

Every wrongful death claim must involve careful research into the facts of the accident, including the individual or company’s actions leading up to the action and the accident itself. Fortunately, a Las Vegas personal injury lawyer from our firm can help.

Nevada Personal Injury Claims

As a surviving spouse or another close family member, you are entitled to file a wrongful death lawsuit after the devastating loss of your loved one. A claim for damages may include both actual damages (such as the cost of medical care and funeral expenses) and general damages (loss of consortium and emotional distress). A personal injury lawyer in Las Vegas can assist you in calculating the total amount of damages.

Nevada is a modified comparative negligence state, which means that a victim’s actions may decrease the number of damages you are entitled to or may even negate the ability to bring a claim for damages. An attorney from our firm can help if you believe your loved one’s actions played a role in the accident. The court will determine the percentage of fault by the victim and will reduce the damages accordingly.

However, if the court determines that the victim’s actions are more than 50 percent the reason for the accident, your claim will not proceed. It is important to carefully consider these options before bringing a claim to determine the true liability of the accident.

Liability for Wrongful Death

The person or entity responsible for the accident that led to your loved one’s death may be liable for your damages. The following parties may be responsible:

• Those who caused the accident. This could include drivers, passengers, and pedestrians involved in an automobile collision, truck drivers who cause fatal accidents in which the truck driver is at fault; or other motorists who commit negligent acts such as drunk driving or texting while driving.
• Employers, coworkers, and others who cause workplace accidents. These include construction company owners and supervisors, foremen, electricians, and other workers responsible for ensuring their employees are safe on-site. They may also be held responsible for improperly trained employees.
• Doctors who fail to provide adequate care, result in wrongful death. Medical malpractice occurs when doctors fail to meet professional standards of care while treating patients. This includes performing surgery without proper training or experience with the procedure, prescribing the wrong medication, and other malpractices.

The Process of Filing a Wrongful Death Claim

A wrongful death claim is similar to a personal injury claim and is filed in the courts by a personal representative. The first step in filing a wrongful death claim is to determine whether you have a valid claim. A Nevada personal injury lawyer can guide you through this process and answer all your questions. A wrongful death claim can only be filed when an individual dies due to negligence. Some common reasons for a wrongful death claim can include:

• Motor vehicle accidents
• Medical malpractice
• Premises liability
• Other negligence

Next, you will need to gather documentation about your loved one’s injuries leading up to his or her passing and about their medical care after suffering those injuries. You may also need information regarding who was responsible for their care at the time they suffered these injuries and all information related to what happened leading up to recoverable damages.

If your claim goes forward and you win, the court will award you damages. This means that the court will award you money as compensation for your loss. The amount of money awarded will vary depending on the recoverable damages.

Possible Damages in Wrongful Death Lawsuits

If you are the individual filing a wrongful death claim, such as a surviving spouse, you can pursue items that include:

• Sorrow and grief
• Loss of support
• Loss of companionship or consortium
• Pain and suffering

If the deceased’s estate representative files the wrongful death claim, they can pursue compensation for the following:

• Medical expenses encountered by the deceased
• Funeral expenses
• Punitive damages for any gross negligence led to the death on the defendant’s part.

You should also be aware that there are strict time limits when filing wrongful death claims in Nevada. A wrongful death lawyer in Las Vegas can help you understand the state’s statute of limitations.

Nevada’s Wrongful Death Statute of Limitations

Every state has strict limitations on how much time families and estates have to file a wrongful death claim. In the state of Nevada, the statute of limitations (NRS § 11.190(4)(e)) is two years. This means the claim must be filed within two years of the victim’s death.

If the claim is not filed with the courts within that two-year limitation, the defendant can file a motion to dismiss, and the court will most likely grant that request.

How Can an Attorney Help?

There are many ways a Las Vegas lawyer can help with your wrongful death lawsuit, including:

Investigating Your Loved One’s Death

Our team of lawyers can thoroughly investigate your loved one’s death. We can work closely with authorities to determine exactly what happened and whether criminal charges are warranted.

Explaining Your Legal Rights

Our attorneys can explain your legal rights and options so that you can decide how best to proceed with your case. We can also explain what evidence we need from you to build a strong case against those responsible for your loved one’s death.

Helping You Seek Financial Compensation

Once we understand all the facts surrounding your case, we can help you seek financial compensation for medical bills incurred, funeral costs, lost wages, loss of companionship, and other non-economic losses.

Possible Outcomes

In many cases, the insurance company will settle before trial. In this case, the wrongful death lawyer in Las Vegas negotiates with the insurance company to settle for a certain amount of money before trial.

Many factors affect the settlement value of a case, including how much liability the defendant has admitted and how much evidence there is against them. The more evidence you have and/or the more liability your client has admitted, the more likely it will be for them to settle your case early on litigation. If not, you will then have to go through a full-blown trial, which can take longer.

In some cases, the defendant may be found not liable for damages or responsible only for a limited amount of damages. This happens if there is no evidence that negligence caused the death of your loved one. It’s also possible that if you do not have enough evidence to prove negligence, you may not recover damages at all.

De Castroverde Accident & Injury Lawyers

Wrongful death cases are often time-consuming and expensive. First, an attorney must determine how much insurance coverage (if any) is available to cover the damages. In some wrongful death claims, there may be multiple claimants, each with separate counsel – especially if the deceased has a large family.

The attorney’s expenses can be justified if liability insurance coverage is high enough. However, if there is limited coverage or assets, a Las Vegas personal injury lawyer may need to pursue the individual or entity in litigation to obtain a judgment against their assets. It is important to realize that criminal charges have nothing to do with civil actions in a wrongful death claim. A person can still be found innocent in a criminal court and held liable in civil court and vice-versa.

If you have experienced the devastating loss of a loved one, you understand how big a hole their absence leaves in your life. Our attorneys at De Castroverde Law Group can help you work through this challenging time and ensure that the responsible parties are held liable. The loss of your loved one can leave a deep emotional scar. However, a personal injury claim may bring a sense of closure to the accident. Contact our Las Vegas office today for your initial free consultation.