When a loved one is killed, it can change your entire family’s lives. Dealing with the aftermath, moving forward despite income loss, and handling the grief are all challenges, some of which need help from an attorney.
Our lawyers can investigate the death and put together a strong case. We can then file this claim to get the damages your family deserves for the loss. While no amount of money can ever replace a deceased loved one, the money may be needed to help your family move forward, especially when a spouse or parent is the one killed in the accident.
Call the wrongful death lawyers at Mitchell Rogers Injury Law today at (702) 702-2622 for a free case review.
The Process of Bringing a Wrongful Death Case
Our attorneys are involved in your case from the moment you call us, and we can take the lead on all of the issues related to the wrongful death claim as it progresses from investigation to potential trial.
Investigation
It is important to do a thorough investigation after any accidental or untimely death. In many cases, there is evidence of what happened and who was responsible for the death there at the scene, and we may need to find photographs or security video to uncover this.
We will be able to talk to police, witnesses, doctors, and more. We may even need to get experts to look at medical evidence, accident reconstruction evidence, and other factors.
Putting the Case Together
We need to assemble a “complaint” and file it in court. It needs to be supported by all of the evidence we have of what happened and who was at fault, as well as evidence of the monetary damages you and your family need.
Probate and Will Issues
Under Nevada law, when someone dies, their “personal representative” or “executor” is involved in the wrongful death claim. This person is usually named in their will, if they had one, or appointed in a probate court if the victim died without a will.
We need to wait until this person is appointed to proceed with certain parts of your case, and we can be in touch with the victim’s will/estate lawyers about this issue.
Filing
Wrongful death and injury claims all need to be filed within 2 years of the death or injury. While this sounds like a long time, the legal proceedings after someone’s death can take quite some time, and it is vital that we get the case filed quickly to stay under this deadline.
Negotiations
From there, our wrongful death lawyers can negotiate with the defendants and their lawyers or insurance companies. In many cases, wrongful death claims can be settled without the need to go to trial.
Trial
However, not every case can be settled for a fair value, and trial may be necessary. We can assemble the case and put it before a judge and jury.
Various witnesses and evidence may be presented at trial to explain what happened and how much the damages are worth. At the end of the case, the jury decides fault and damage amounts.
What Counts as a “Wrongful Death”?
We have been saying “wrongful death,” but to the family that recently lost someone, every death feels “wrongful.” When lawyers say “wrongful death,” we mean a death that can be blamed on someone else’s fault, whether from an accident or intentional act.
Fault Required
Some accidents are unavoidable – or they are tragically the victim’s own fault. In a wrongful death case, there has to be someone else you can sue to hold at fault for the death.
This is often another person, such as a drunk driver, but it might also be a company, such as a casino where your loved one died.
Elements of Negligence
Most accidental deaths happen because of negligence. This puts someone else at fault if the following elements are met:
- The defendant owed a legal duty.
- The defendant breached or violated that duty.
- That breach caused your loved one’s death.
- You suffered damages you can get compensated in a lawsuit.
The death itself automatically satisfies this final element and always comes with at least some monetary damages the family can claim.
Intentional Killings
You can also sue for a loved one’s murder or for manslaughter. You must prove that the death was intentional, but the burden of proof in a civil case is lower than that of a criminal case.
This means that even if there is no conviction against the defendant, your family may still be able to sue them for killing your loved one and receive damages.
How Do You Prove Fault?
The victim generally cannot tell us about the accident that killed them. If they survived long enough to report what happened or who was responsible, this deathbed information can be vital.
Otherwise, we have to rely on other evidence, such as witness testimony, security footage, and the circumstances surrounding the death to prove what happened.
Partial Fault
In some cases, the victim was partially responsible for the accident that led to their death. Think, for example, of a car crash where the driver who died was speeding a little, but the other driver was speeding a lot and ran a red light.
When this happens, a lawsuit can proceed as long as the victim’s fault was 50% or less. This also reduces the damages by the victim’s percentage of fault.
Who Do You Sue in a Wrongful Death Case?
Depending on the events that led to the death and the actual cause of death, lawsuits may be filed against different responsible parties. However, the following are some common targets of wrongful death lawsuits in Las Vegas:
At-Fault Drivers
Car accidents are the leading cause of death for most age groups. When another driver is responsible for a fatal car accident or deadly pedestrian accident, you can hold that driver liable.
Their insurance may be able to pay even when the individual defendant cannot afford to.
Property Owners
Accidents on someone’s property may result in fires, falls, electrocution, and other injuries. These accidents are often the property owner’s responsibility, even if they were not physically present at the time.
Again, insurance is often available to pay in these situations.
Employers
When your loved one is killed in the course of their work, you often cannot sue their employer. You would likely have to sue another responsible party.
However, when someone causes an accident while performing their job, the victim and their family can sue the dangerous worker’s employer in many cases. This can open access to higher damages than what the individual worker could have paid for.
Product Manufacturers
Many deaths are caused by defective medical devices, medication, safety gear, tools, appliances, and vehicles. The manufacturer can be responsible for dangerous designs and manufacturing defects.
Doctors and Hospitals
Sometimes a death occurs because of negligent medical care. Depending on exactly what happened, the doctors and hospitals could be liable.
Survival Actions
In a wrongful death case, a “survival action” is one of the two claims you can file.
What is a Survival Action?
Under NRS 41.100, someone’s right to sue survives even if the victim dies. This “survival action” can be picked up by their estate to recover the damages the victim would have been able to sue for if they survived the accident.
Who Can File?
This is filed by the victim’s “personal representative” or “executor” of the victim’s estate. This person is named in their will, if they had one, or appointed by the court.
It is usually a family member, close friend, or trusted lawyer.
Who Can Get Damages?
The damages recovered cannot go to the victim, so they instead go into the victim’s estate and pass to their heirs.
The estate is distributed under the victim’s will if they had one, so this can give damages to whoever the will would pay, not just the parents, children, or spouse.
What Damages Are Covered?
This pays damages for the harm the victim suffered between the accident and their death. That primarily includes medical care costs and lost wages while the victim lingered. You can also recover punitive damages in some cases.
Most states allow recover for the victim’s pre-death pain and suffering, but Nevada does not. Pain and suffering is instead paid through the wrongful death part of the claim.
Wrongful Death Lawsuits
The other half of your claim is called a wrongful death suit. This is confusing because it is also the overall name of the case, but we will discuss the claim specifically for the family members.
What is a Wrongful Death Lawsuit?
“Wrongful death lawsuit” usually refers to the specific claim the victim’s surviving family can file on their own behalf to recover damages after losing a loved one.
Who Can File?
The law says the victim’s “heirs” can file this lawsuit, but this is not necessarily the same “heirs” listed in the victim’s will. Instead, we look at the “intestacy law” that says who would have inherited if the victim died without a will.
This allows the spouse and children to recover, if there are any. If there is no spouse, just children, then they recover. If there is no spouse or children, then you go down the line of parents, then siblings, then any other family member.
Who Can Get Damages?
The same people who can file are the same people who receive damages: the victim’s heirs. Keep in mind, however, that you can only file if you have damages to claim, such as support from the victim.
For example, a sibling who received no financial support from the victim before their death would likely have no damages to claim.
What Damages Are Covered?
All kinds of damages can be covered based on what damages the plaintiffs suffered. This usually involves damages for
- Grief/sorrow
- Lost support
- Companionship/affection
- The victim’s pain and suffering or disfigurement.
FAQs for Wrongful Death Cases in Las Vegas
Can You Sue a Casino if Someone Died?
If someone died at a casino, the casino might be liable if its property or its staff caused the death. This can also allow “negligent security” lawsuits in situations where a third party assaulted your loved one because of improper security in the casino.
Can You Sue for Death from a DUI Accident?
Yes. DUI accidents are a common reason for wrongful deaths, and the at-fault driver is usually the only one responsible. You cannot typically sue bars and casinos for serving that driver under Nevada law, as we have no “dram shop” law.
Where Do You File a Wrongful Death Claim? Where They Lived or Where They Died?
Generally, you file a wrongful death lawsuit where the accident happened. This means that if your loved one was killed in an accident in Las Vegas, you file the lawsuit in Las Vegas.
Does the Victim’s Will Change How a Wrongful Death Lawsuit Works?
Nevada law uses the rules for who would have inherited without a will to decide which family members can file a wrongful death lawsuit. This means the will does not affect which family members can sue for their own damages.
However, the will may name the personal representative, changing who can file the survival action. It also determines how the estate is distributed, and the survival action damages are paid into the estate and distributed according to the will’s rules.
Can You Sue for On-the-Job Deaths?
You usually cannot sue a loved one’s employer for their death, but you can sue third parties.
Do Different Family Members Need Their Own Lawyers?
Potentially. Each family member who can recover in a wrongful death claim is entitled to their own damages. This might put one family member at odds with another.
In some cases, it makes more sense for family members to get their own lawyers. It may even become a conflict of interest for one lawyer to represent multiple heirs.
Can You File an Insurance Claim Instead of Suing?
Insurance claims can often provide the damages that would be paid in a lawsuit, allowing the claim to be settled without going to trial. However, all parties need to agree.
Some damages, like punitive damages, would not be recovered in an insurance claim, so a lawsuit might be better for DUI crashes and other serious issues where punitive damages could be available.
Call Our Wrongful Death Lawyers in Las Vegas for Help Today
If you lost a loved one in an accident, call Mitchell Rogers Injury Law’s wrongful death lawyers at (702) 702-2622 to discuss your potential case.