Did you recently lose a loved one in an accident caused by someone else’s negligence in Nevada? If so, De Castroverde Accident & Injury Lawyers can help. A Nevada wrongful death lawyer can explain our role in the process. Call us today at (702) 222-9999 for a free consultation.
When your loved one’s life has been tragically cut short, you deserve answers. You also deserve a fierce legal advocate in your corner who can hold the responsible parties accountable for this profound loss and the damage they caused your family in Nevada.
We bring over 100 years of combined experience to the table and can guide you through the process of filing a legal claim to seek justice and accountability for your loved one’s death. Contact us today for a free consultation with a Nevada wrongful death attorney.
How De Castroverde Accident & Injury Lawyers Can Help With a Wrongful Death Claim in Nevada
Losing a loved one under any circumstances is difficult. However, your grief is compounded when you learn the death could have been prevented had someone not acted carelessly. You are understandably grieving this significant loss in your life. Simultaneously, the amount of time you have to take legal action in Nevada is dwindling.
A Nevada wrongful death lawyer can handle the legal claims process to seek formal accountability and financial compensation from the liable parties who are legally responsible for your loved one’s death.
Our Nevada personal injury attorneys can handle all aspects of your claim, including:
- Investigating the accident and the factors that contributed to it
- Identifying all liable parties
- Gathering evidence of wrongdoing
- Reviewing insurance coverage that applies to the situation
- Handling communication with insurance companies and other parties
- Negotiating for fair compensation
You can choose the personal injury firm you want to represent you, but we believe De Castroverde Accident & Injury Lawyers is the right choice for you. Our law firm has been open since 1989 and has recovered hundreds of millions of dollars in compensation for our clients over the years. We have been recognized with the Las Vegas Latino Bar Association’s Inspira Award, Las Vegas Review Journal’s Best of Las Vegas, and Chambers and Partners Band 1. We work on a contingency fee basis, so we can get to work immediately on your case, and do not expect payment until we have recovered compensation for you.
Call us today to discuss your case during a free case review with a Nevada wrongful death lawyer.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil cause of action that seeks compensation for the surviving family after their loved one is killed because of someone else’s wrongdoing. These cases often stem from acts of negligence, such as car accidents or acts of medical malpractice. However, they can also sometimes involve criminal conduct, such as murder or vehicular manslaughter.
Differences Between a Wrongful Death Claim and Criminal Case
Someone does not have to commit a crime for them to be found guilty of causing a wrongful death. Wrongful death cases are often based on the legal concept of negligence, which means that someone’s conduct fell below the applicable standard of care and caused the victim’s death.
Even when wrongful death and criminal cases both involve criminal conduct, there are many differences between these respective cases. Wrongful death cases are filed in civil court. Criminal cases are filed in criminal court. The goal of a wrongful death case is to obtain financial compensation for the economic and non-economic losses the family suffered because of the death. The goal of a criminal case is to punish the wrongdoer.
The burdens of proof are also different in criminal vs. civil cases. In criminal court, the prosecutor must prove the defendant is guilty by proof beyond a reasonable doubt, which is the highest-burden possible. In civil cases, the burden is by the preponderance of the evidence, which means the judge or jury believes your side of the story more than the defendant’s. Therefore, even if a person is acquitted in criminal court, they can still be found liable in civil court.
Common Causes of Wrongful Death
Grounds to file a wrongful death case are generally the same as for survivors of personal injuries. If the victim would have survived the incident and had grounds to file a personal injury case against the wrongdoer, the plaintiff can sue on similar grounds in a wrongful death case.
Common causes of wrongful death and personal injuries we handle include:
- Car accidents – Our firm handles car, truck, pedestrian, and bicycle accident cases. We can file a claim against the negligent motorist, trucking company, or other party responsible for your loved one’s death.
- Slips and falls – Accident victims can slip or fall from heights, causing serious injuries that lead to their deaths. In these situations, you may be able to file a claim against the negligent property owner or manager.
- Medical malpractice – To win a wrongful death lawsuit based on medical malpractice, you must be able to prove that your loved one’s death was not a natural progression of their condition but was instead a result of a healthcare provider’s deviation from the standard of care.
We also represent clients injured in construction accidents, dog attacks, nursing home abuse incidents, defective product accidents, sexual assaults, train accidents, and workplace accidents that could lead to death.
Who Can Bring a Wrongful Death Lawsuit In Nevada?
Nevada law states that the executors of the victim’s estate and surviving family members have the legal right to file a wrongful death lawsuit when their loved one is killed as a result of another’s wrongdoing. If the victim’s estate files the wrongful death claim, the personal representative named in the will or appointed by the court files the action.
The other group of individuals who can file a wrongful death lawsuit in Nevada is the decedent’s intestate heirs. These are the people who would stand to inherit from the decedent if they had no will.
Heirs may include:
- The surviving spouse
- The decedent’s children
- Parents of the deceased
- Siblings of the deceased
- The next closest surviving family member
Fiancees, unmarried partners, unadopted stepchildren, foster children, and close friends do not qualify as an “intestate heir” under Nevada law – even if they are beneficiaries of the decedent’s will or were financially dependent on the decedent.
An experienced wrongful death attorney can review your case and determine if you have legal grounds and standing to file a wrongful death suit.
What Compensation Can I Recover In a Wrongful Death Claim?
Nevada’s wrongful death law explicitly provides for awarding specific types of damages depending on who files the wrongful death lawsuit.
If the heirs file the lawsuit, the damages they can recover include:
- Loss of probable support
- Loss of companionship, society, comfort, and consortium
- Grief or sorry
- The decedent’s pain, suffering, or disfigurement
If a personal representative files the wrongful death claim, the damages that the court can award include:
- Any special damages, including medical expenses which the decedent incurred or sustained before the death
- Funeral expenses
- Exemplary or punitive damages or other penalties the decedent would have recovered if the decedent would have lived
Both causes of action can be maintained.
What Is My Wrongful Death Claim Worth?
Putting an exact figure on a wrongful death case is incredibly difficult.
The potential value of a claim depends on many factors, including:
- The victim’s age, life expectancy, and health
- The victim’s earning capacity
- The value of damages
- Insurance coverage available
- Who is responsible for the death
- The family composition
Our legal team can investigate your situation and explain your case’s potential value.
Who Is Responsible for a Wrongful Death?
The party responsible for a wrongful death will depend on the circumstances. In the case of a car accident, a negligent motorist may be responsible. However, Nevada’s wrongful death law states that if the wrongdoer is employed and responsible for the wrongdoer’s conduct, the plaintiff can file a case against the employer. Organizations, businesses, or government agencies can all potentially be named in a wrongful death action.
An experienced wrongful death lawyer can review the circumstances surrounding your loved one’s death and determine all legal theories to identify the party or parties responsible.
What Is The Deadline To File a Wrongful Death Lawsuit In Nevada?
Nevada has a two-year statute of limitations for wrongful death claims. If this time limit expires and you later file a wrongful death case, the defendant can file a motion to dismiss the case, and the court can do so, leaving you without the financial compensation you deserve. Protect your rights by reaching out to an experienced
Contact a Nevada Wrongful Death Lawyer for a Free Consultation
De Castroverde Accident & Injury Lawyers wants to help your family during this difficult time. Our lawyers can provide compassionate legal assistance and support in Nevada. We can handle all the legal aspects of your claim and represent your best interests while you focus on your grief. Call us today to arrange a free, no-obligation consultation with a Nevada wrongful death lawyer.