Wrongful Death Lawyers

Losing a loved one is a devastating experience, especially when their death results from someone else’s negligence or wrongful actions. In such tragic circumstances, surviving family members may face not only emotional trauma but also financial hardships. In Nevada, wrongful death laws are designed to provide some measure of justice and monetary relief to those who have lost loved ones due to the negligent or intentional actions of others.

At Mitchell Rogers Injury Law, we understand the profound impact a wrongful death can have on families. Our dedicated team of wrongful death lawyers is committed to helping you navigate this challenging time, ensuring you receive the compensation and justice your family deserves. We can help you understand wrongful death claims in Las Vegas, Nevada, how our lawyers can assist you, and what you can expect throughout the legal process.

The Definition and Legal Basis for Wrongful Death

Wrongful death occurs when a person dies due to the wrongful act, neglect, or default of another party. In Nevada, wrongful death claims are governed by Nevada Revised Statutes (NRS) § 41.085. This statute allows certain family members or the personal representative of the deceased’s estate to file a lawsuit against the party responsible for the death.

Who Can File a Wrongful Death Claim

In Nevada, the following individuals are eligible to file a wrongful death claim:

  • Surviving spouse or domestic partner: The decedent’s spouse or registered domestic partner has the right to file a wrongful death claim.
  • Children: The deceased’s children, including adopted children, can also file a wrongful death lawsuit.
  • Parents: If the deceased was a minor, the parents are eligible to file a claim.
  • Personal representative: The personal representative of the deceased’s estate can file a wrongful death claim on behalf of the estate and the beneficiaries.

Each of these parties may be entitled to different forms of compensation depending on their relationship to the deceased and the case’s specific circumstances. It is essential to consult with our Nevada wrongful death attorneys to determine who has the legal right to file the claim in your particular situation.

What if Your Deceased Loved One Did Not Have a Will?

In Nevada, you can file a wrongful death claim even if the deceased did not have a will. The personal representative of the deceased’s estate can file the claim on behalf of the estate and the beneficiaries.

How Wrongful Death Settlements are Distributed Among Family Members

The distribution of a wrongful death settlement depends on the circumstances of the case and the relationships of the surviving family members. Typically, economic damages are awarded to the estate, while non-economic damages are distributed among the surviving family members based on their relationship to the deceased and the extent of their losses.

Types of Damages Recoverable in a Nevada Wrongful Death Claim

A wrongful death lawsuit is not intended to bring back your loved one. However, it can help compensate your family for the financial and emotional losses you have suffered. In a wrongful death claim in Nevada, plaintiffs may seek compensation for various damages, including:

Economic Damages

Economic damages are tangible losses that can be quantified, such as:

  • Medical expenses: This includes any medical bills incurred before your loved one’s death, such as emergency room treatment, hospital stays, and ambulance fees.
  • Funeral and burial expenses: The costs associated with laying your loved one to rest can be significant. A wrongful death lawsuit can help recover these expenses.
  • Loss of the deceased’s expected earnings: If your loved one was the primary financial provider for your family, you may be entitled to compensation for the lost income they would have generated in the future.
  • Loss of benefits: This includes benefits your loved one carried, such as insurance and retirement.
  • Loss of inheritance: If your loved one had the potential to inherit future assets, their death could impact these inheritances.

Non-Economic Damages

Non-economic damages are intangible losses, including:

  • Pain and suffering: This involves the pain and suffering endured by your loved one before they passed away.
  • Loss of companionship: This includes the emotional value of your relationship with your loved one, such as the loss of love, support, guidance, care, affection, and companionship.
  • Emotional distress suffered by surviving family members: This includes the emotional pain you and your family have endured due to the loss of your loved one.
  • Loss of household services: The services your loved one provided around the house, such as cooking, cleaning, and childcare, may need to be replaced by paid help. A wrongful death lawsuit can recover the cost of such services.

Punitive Damages

In cases where the defendant’s conduct was particularly egregious, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.

Our experienced team of wrongful death attorneys in Las Vegas, NV, can help maximize your compensation through a wrongful death lawsuit. Contact us today so we can determine the potential value of your claim. We cannot bring your loved one back, but we can help ease the financial burden your family is now facing.

Common Causes of Wrongful Death

Wrongful death can result from various circumstances, often involving negligence or intentional harm. Common causes include:

  • Motor vehicle accidents: According to Nevada’s Zero Fatalities, car, truck, and motorcycle accidents are among the leading causes of wrongful deaths, causing over 415 fatalities in 2022. These collisions can result from reckless driving, driving under the influence, distracted driving, or defective vehicle parts.
  • Medical malpractice: Healthcare professionals are expected to provide a standard level of care, and when they fail to do so, and a patient dies as a result, the healthcare provider or facility may be held liable for wrongful death. Examples include surgical errors, misdiagnoses, medication errors, and birth injuries.
  • Workplace accidents: Certain industries, such as construction and manufacturing, have higher risks of workplace accidents. Employers have a duty to provide safe working conditions, and when they fail to meet safety standards, and an employee dies as a result, the employer may be liable for wrongful death.
  • Defective products: Manufacturers have a responsibility to ensure that their products are safe for consumers, and when a defective product causes a fatal injury, the manufacturer, distributor, or retailer can be held responsible. Examples include faulty machinery, dangerous pharmaceuticals, and defective vehicles.
  • Premises liability: Property owners must maintain safe premises for visitors. If a person dies due to hazardous conditions on someone else’s property, such as slip and fall accidents or inadequate security, the property owner can be held liable for wrongful death.
  • Nursing home neglect: Nursing home employees are held to a standard of care like other healthcare professionals. When nursing homes or assisted living facilities fail to provide the proper care, which leads to a resident’s death, it can be considered neglect.
  • Acts of violence: Crimes like assault, homicide, and driving under the influence (DUI) can result in wrongful death lawsuits.

The Legal Process for Wrongful Death Claims

The process in a Nevada wrongful death lawsuit typically includes the following steps:

  • Initial consultation: The first step in pursuing a wrongful death claim is to consult with an experienced lawyer. During this initial meeting, our attorneys will listen to your story, gather essential information about the case, and explain your legal rights and options.
  • Investigation: Once we take on your case, our team will conduct a thorough investigation to gather evidence and build a strong case. This may involve collecting medical records and autopsy reports, interviewing witnesses, reviewing police reports and accident reconstruction analyses, and consulting with experts in relevant fields, such as medical professionals or accident reconstruction specialists.
  • Filing the lawsuit: We will file a wrongful death lawsuit on your behalf after gathering sufficient evidence. The lawsuit will outline the facts of the case, identify the defendants, and specify the damages we are seeking.
  • Discovery process: During the discovery phase, both parties exchange information and evidence relevant to the case. This may include written questions called interrogatories, document requests, and depositions, which are sworn statements taken under oath.
  • Negotiations and settlement: Many wrongful death cases are settled out of court through negotiations between the parties involved. Our lawyers will work diligently to negotiate a fair settlement that adequately compensates you for your losses, and if we cannot reach a satisfactory settlement, we are fully prepared to take your case to trial.
  • Trial: If the case proceeds to trial, both sides will present their evidence and arguments before a judge or jury. Our skilled trial lawyers will advocate vigorously on your behalf, presenting a compelling case to seek the maximum compensation possible.

The duration of a wrongful death case can vary widely based on factors such as the case’s complexity, the parties’ willingness to settle, and court schedules. It can take anywhere from several months to a few years. Our Las Vegas wrongful death attorneys will stand beside you every step of the way.

Why Choose Mitchell Rogers Injury Law for Your Nevada Wrongful Death Claim

Our knowledgeable team at Mitchell Rogers Injury Law offers vast trial experience and insider knowledge to obtain maximum compensation for our wrongful death and personal injury clients. Here is what we can provide you with as our valuable client:

  • Expertise: Our wrongful death attorneys have a proven track record of successfully handling wrongful death cases in Nevada. Our lawyers have extensive experience and a deep understanding of the complexities involved in wrongful death litigation.
  • Caring representation: We understand the emotional and financial toll that a wrongful death can have on families. Our team is committed to providing compassionate and personalized representation, ensuring you feel supported throughout the legal process.
  • Comprehensive legal support: We provide comprehensive legal support from the initial consultation to the resolution of your case. We handle all aspects of your case, allowing you to focus on healing and rebuilding your life.
  • Aggressive advocacy: We are dedicated to pursuing justice for our clients. Our lawyers are skilled negotiators and aggressive litigators who will fight tirelessly for the compensation you deserve.
  • No fee until we win: We offer a contingency arrangement, so you do not pay anything upfront. We only get paid when we win your case.

Nevada’s Statute of Limitations for Wrongful Death Claims

In Nevada, the statute of limitations for filing a wrongful death claim is generally two years from the date of death. It is crucial to act promptly, as failing to file within this time frame can result in losing your right to seek compensation.

Understanding Comparative Negligence in a Nevada Wrongful Death Claim

Nevada follows a modified comparative negligence rule, explained in NRS § 41.141. This means that you can still recover damages even if the deceased was partially at fault, as long as their fault does not exceed 50%. However, the compensation may be reduced by the deceased’s percentage of fault.

What to Do After a Wrongful Death

If you have lost a loved one due to another party’s negligence or recklessness, here are some steps you should take:

  • Contact the police: If a crime causes your loved one’s death, it is important to report it to the police immediately.
  • Gather evidence: If possible, try to gather any evidence that may be relevant to your case, such as accident reports, medical records, witness statements, or photographs of the scene.
  • Contact a Nevada wrongful death attorney: A lawyer can advise you of your rights and help you navigate the legal process.

It is crucial to act quickly after a wrongful death, as evidence can be lost or disappear over time.

Contact the Wrongful Death Attorneys at Mitchell Rogers Injury Law Today

Losing a loved one due to someone else’s negligence or wrongful actions is a heartbreaking and overwhelming experience. While no amount of money can replace the loss of a loved one, pursuing a wrongful death claim can provide financial relief and a sense of justice.

At Mitchell Rogers Injury Law, we are dedicated to helping families navigate the complexities of wrongful death claims in Las Vegas, Nevada. Our experienced wrongful death lawyers will guide you through every step of the legal process, fighting diligently for the compensation and justice you deserve.

If you have lost a loved one and believe another’s negligence caused their death, contact us today for a free consultation. Let us help you seek justice for your loved one and begin the journey toward healing.