Wrongful Death Claims in Nevada
Are you thinking about hiring a Las Vegas wrongful death attorney to help with a Nevada wrongful death claim? If so, there are few things you should know about Henness & Haight:
- We’ve been around for over two decades. We are deeply invested in the Las Vegas community and in our clients’ well being. Learn more about our Firm’s mission and history.
- We will meet with you and review your case free of charge. Our knowledgeable and compassionate staff will listen closely to the details of your case and answer all of your questions honestly.
- You don’t pay us anything up-front or out of pocket. We work on a contingency fee basis which means that we take a fee only if we recover money from your wrongful death case for you.
- We have hundreds of positive reviews. We invite you to check what people say about us on Google, Facebook, Yelp, and Lawyers.com and to read testimonials from our clients.
Not quite ready for a case review? No problem. This page has a great deal of helpful information that will help you understand wrongful death cases in Las Vegas. We’ll be here to help you whenever you’re ready.
Our Wrongful Death Practice Areas
Our lawyers have experience representing clients who have lost loved ones in a number of different types of accidents. We know that your case is unique; however, we also want to assure you that we have experience working on cases like yours. Our wrongful death practice areas include:
- Motor vehicle accidents;
- Truck accidents;
- Pedestrian accidents;
- Workplace accidents;
- Motorcycle accidents;
- Nursing home abuse cases;
- Defective product-related deaths;
- Slip and fall accidents;
- Premises liability accidents; and
If you believe that your loved one would be here today but for the negligence of another party that led to one of the above fatal accident types (or another accident type not listed), please do not hesitate to call our law firm for legal advice you can trust.
What Is a Wrongful Death Claim?
A wrongful death action is a type of civil action–not criminal one–that seeks to hold the party responsible for the death of another liable for damages that result. As found in Nevada Code, NRS 41.085 (2), when the death of a person is caused by the wrongful act or neglect of another, the heirs of the decedent and the personal representative of the decedent maintain the right to file an action for damages against the person who caused the death. The statute continues to read that if the wrongdoer is no longer alive, the claim may be brought against the wrongdoer’s personal representatives.
A wrongful death action is very similar to a personal injury action in that the plaintiff will need to prove the existence of a duty of care, breach of duty of care, and causation. The main difference, however, is that while in a personal injury case the claim is brought by the injured party, in a wrongful death action, the deceased would have had a personal injury suit but for death, and therefore the claim is brought by their personal representative.
Who Can File a Wrongful Death Case?
The state of Nevada allows a wrongful death claim to be brought by the personal representative of the deceased person’s estate and the heirs of the decedent. For clarity’s sake, “heir” means anyone who would be entitled to the property of the decedent if the decedent died intestate. Typically, this refers to a spouse and children, although it could mean parents or siblings of the decedent in some cases.
Damages Recoverable in a Wrongful Death Claim
The types of damages that are recoverable in a wrongful death claim depend, in large part, on who is filing the claim. To be sure, recoverable damages differ depending on whether it is an heir to the estate seeking damages or the personal representative of the estate seeking damages. As described in NRS 41.085 sections four and five, heirs to the estate may seek damages for:
- Loss of probable support;
- Consortium; and
- Pain, suffering, and disfigurement of the decedent.
The personal representative of the estate, on the other hand, may seek damages for:
- Special damages, including medical expenses and funeral and burial expenses; and
- Penalties, including any punitive damages (which are designed to punish the defendant), and damages for pain, suffering, and disfigurement of the decedent.
Statute of Limitations on Wrongful Death
While it can be hard to act quickly if you have lost a loved one–after all, you may be coping with grief and anguish–it is important to meet with a lawyer and discuss the prospect of filing a wrongful death claim as soon as possible. That’s because wrongful death claims, like all civil actions in our state, are subject to a statute of limitations. This means that you only have so much time to file your action before the right to file and recover damages is revoked.
In Nevada, the statute of limitations is two years from the date of the decedent’s death.
Steps to Take if You Think You Have a Wrongful Death Case
If you think that your loved one would be alive today but for the negligence or wrongful act of another party, the steps that you take right now to preserve evidence could have a significant effect on the outcome of your wrongful death claim. As soon as possible, you should:
- Request copies of any records pertaining to your loved one’s death, including police reports, medical records, etc.;
- Request an autopsy if necessary;
- Record the names, contact information, and stories of anyone who witnessed the accident that resulted in your loved one’s death;
- Collect any photographs or video evidence related to the accident and death;
- Conduct an investigation into whether deaths like this have occurred before (this may be important if you are bringing a claim against a manufacturer for a defective product, for example); and
- Call a lawyer.
Attempting to build your wrongful death claim on your own can be overwhelming, and without the training and experience that a lawyer brings to the table, you’ll likely overlook something important.
Call Our Las Vegas Wrongful Death Attorney Today
Our Las Vegas wrongful death attorneys know how traumatic losing a loved one can be. To help you recover the financial compensation that your family deserves after a loved one’s wrongful death, please call our lawyers for a free consultation. We will work hard for you.
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