Have you recently suffered the death of a loved one in Nevada? There is nothing more devastating. Call us today at (702) 570-9000 to get an experienced Nevada wrongful death lawyer at Battle Born Injury Lawyers can help you understand your legal options.
Knowing that someone else was responsible only makes matters worse. We’ve recovered hundreds of millions of dollars on behalf of families who have lost loved ones due to accidents and other tragic circumstances.
Contact our law offices in Nevada today to schedule a free consultation with a Nevada wrongful death attorney. We’re always available to discuss your case.
Reasons to Call Battle Born Injury Lawyers for Help With a Wrongful Death Claim in Nevada
Insurance adjusters often seem incredibly sympathetic. Though they may appear compassionate, their primary goal is limiting the amount of money that you receive.
You’re already grieving. You may not know exactly how much compensation you deserve. You may not even fully understand how your loved one was killed. You deserve an experienced Nevada personal injury lawyer who will protect your interests.
When you hire us, rest assured that our Nevada personal injury attorneys will handle every aspect of your case, including:
- Launching an investigation
- Locating evidence to support every element of your case
- Determining who is legally responsible for your damages
- Consulting experts and professionals who can testify about complex issues
- Anticipating and defending against any allegations that your loved one was responsible
- Evaluating the terms of any settlement agreement
- Negotiating for the highest insurance settlement possible
- Advocating for you at trial if necessary
Our Nevada personal injury attorneys are ready to take action today. Contact our Nevada wrongful death lawyers for a free case review to get started.
Overview of Nevada’s Laws on Wrongful Death
Nevada defines wrongful death as a death caused by the wrongful act or neglect of another person.
Your loved one isn’t here to hold the person responsible for their suffering accountable. As a surviving heir, you have the right to take legal action on their behalf.
Differences Between a Wrongful Death Claim and Criminal Case
Wrongful death cases are handled in civil court. In reality, most wrongful death cases are settled with the insurance company without going to trial.
Most wrongful death cases involve accidents, though they can also involve crimes. Regardless of whether the defendant is also facing criminal charges, the remedy in civil court is always financial compensation. Criminal courts, of course, are concerned with punishing the defendant for criminal acts.
Your wrongful death case is completely separate from any criminal matter. For example, suppose your loved one was killed by a drunk driver who is facing vehicular homicide charges. The defendant may be found guilty or innocent. Either way, you can still pursue compensation for wrongful death.
Whether the defendant’s acts were intentional or careless, you must prove that it’s “more likely than not true” that the defendant caused your loved one’s death. Criminal courts, on the other hand, are held to the higher “beyond a reasonable doubt” standard.
Who Can File a Wrongful Death Lawsuit In Nevada?
Both the victim’s heirs and their personal representative have the right to file a wrongful death lawsuit.
In Nevada, “heir” means the people who would be entitled to receive the victim’s property under state intestate laws.
Generally, that means the victim’s:
- Surviving spouse
- Children and grandchildren
- Parents
- Siblings
- Other blood relatives
The intestate succession rules in Nevada are complicated. To make matters more complex, the personal representative also has the right to pursue certain types of damages on behalf of the estate. Often, the personal representative is a close family member or trusted friend–but that’s not always the case.
If you’re contemplating a wrongful death lawsuit, it’s always best to get an experienced attorney involved sooner rather than later. The laws provide detailed rules that you’ll have to follow to succeed. Our attorneys in Nevada are prepared to help you navigate any complexities you encounter, so give us a call today.
What Types of Compensation Can I Recover In a Wrongful Death Claim in Nevada?
Nevada’s wrongful death law spells out certain damages that survivors can pursue from the at-fault party.
Damages that you can pursue as the victim’s heir include:
- Loss of probable financial support
- Loss of the victim’s support, companionship, society, and comfort
- Loss of consortium or loss of a spouse’s company
- Grief and sorrow
- Pain and suffering experienced by the victim prior to death
- The victim’s disfigurement
The victim’s personal representative can also pursue compensation for:
- Medical expenses incurred between the date of injury and the date of death
- Funeral expenses and burial costs
- Punitive damages if the court finds the defendant’s acts deserved punishment
Another complication arises when a victim dies with debt. Creditors often seek to satisfy those debts based on the amounts recovered in a wrongful death suit.
Creditors can’t reach the amounts recovered by the victim’s heirs. When the personal representative recovers compensation, however, it’s possible that those creditors can seek payment out of those damages.
What if the Opposing Party Tries to Blame My Loved One for Their Own Death in Nevada?
Shared fault is a common issue in both personal injury and wrongful death cases. Nevada has a modified comparative negligence law. Once the victim’s share of fault reaches 51%, they cannot recover compensation.
Insurance companies will fight hard to avoid paying what you deserve. That makes it especially important to have a strong lawyer in your corner to protect your loved one’s memory.
How Much Money Is My Nevada Wrongful Death Claim Worth?
Determining the value of any personal injury case can be complex. That’s especially true when the victim has lost their life. Many potential factors can be important. Complex or not, establishing your case value is a critical part of the recovery process.
Factors that will be most relevant as we assess your case value include:
- The circumstances surrounding the death
- How the loss has changed your family
- Your loved one’s age and life expectancy
- Your loved one’s expected earning capacity, based on past wages, education, industry, etc.
- The financial losses your family has experienced
- The identities of surviving dependents and children
- The pain, grief, and sorrow you’ve experienced
Our experienced Nevada wrongful death attorneys know how to calculate the fair value of your case. For more specific insight into your case value, call our law firm today for a free case review.
What Are the Most Common Causes of Wrongful Death in Nevada?
When severe enough, just about any type of accident or scenario can be fatal.
At Battle Born Injury Lawyers, we often represent grieving families in cases involving:
- Car accidents
- Slip and fall accidents
- Medical errors
- Dangerous property conditions
- Falls from heights
- Motorcycle accidents
- Truck accidents
- Bus accidents
- Intentional assault and criminal homicide
- Fatal accidents in hotels and casinos
- Rideshare accidents
- Accidents involving pedestrians and bicycles
- Construction accidents
- Workplace accidents
- Brain damage
- Dog bites
- Defective products
- Nursing home abuse
We have the resources to take on the powerful insurance companies who will be fighting to avoid paying a fair amount. Contact us today to learn more about your legal rights after the loss of a loved one.
What Do I Need to Prove to Win a Wrongful Death Case in Nevada?
Victims have the burden of proving that someone else was responsible for their injuries. In wrongful death cases, the survivors must prove their case. Typically, that means proving negligence.
Assuming your loved one was killed in an accident, you must prove:
- The defendant had a duty of care
- A breach of duty occurred
- The breach directly caused the fatal accident
- Your family suffered damages due to your loss
While you’re focusing on putting your life back together, our attorneys will be investigating. We’ll search for any evidence that can strengthen your claim for compensation.
What Is the Deadline To File a Wrongful Death Lawsuit In Nevada?
Nevada has a two-year statute of limitations for wrongful death claims. You must file your lawsuit within two years of your loved one’s death. Waiting longer than two years has serious consequences. Any judge will simply dismiss your case without considering the facts after the deadline passes.
Some exceptions do exist. If the defendant is also facing criminal charges, the deadline may be tolled (meaning paused) until the criminal matter is resolved. Of course, there are also scenarios where you could have less time to act.
Contact a Nevada Wrongful Death Lawyer for a Free Consultation
After losing a loved one in Nevada, the thought of fighting with the insurance companies can be overwhelming, to say the least. An experienced Nevada wrongful death lawyer can force the insurer to take you seriously. Contact Battle Born Injury Lawyers for legal assistance today.
