The loss of a loved one is an unimaginably painful experience. It’s even more heart-wrenching when the death could have been prevented and was the result of another party’s negligence or intentional act. In such cases, your family may be left dealing with emotional devastation, and the financial burdens such as medical bills and loss of income can add to the overwhelming stress.
While no amount of money can truly compensate for your loss, it can help you navigate the financial hardships and provide some form of justice. At Jack Bernstein Injury Lawyers, we’re dedicated to helping Las Vegas families seek the compensation they deserve and hold the responsible parties accountable.
Understanding Wrongful Death
A wrongful death occurs when a person’s death is caused by the negligence, wrongful act, default, or breach of contract of another person or entity. It’s a tragic event that leaves families and loved ones in a state of shock and sorrow.
It often will lead to unexpected expenses and financial struggles. The sudden medical expenses, funeral costs, loss of future income, and other damages can be overwhelming.
This is where a wrongful death lawsuit comes in – it’s a legal avenue that allows survivors of the deceased to seek compensation for these losses.
Wrongful death lawsuits are complex, and the laws governing them vary by state. In Nevada, a wrongful death claim can be filed by the surviving spouse, children, parents, or the personal representative of the deceased person’s estate. Understanding the intricacies of these laws and how they apply to your case can be difficult, which is why having an experienced wrongful death attorney by your side is essential.
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What Are Examples of Wrongful Death Cases?
The Centers for Disease Control and Prevention (CDC) reports that accidents involving unintentional injuries are the third leading cause of death in the U.S., with over 173,000 deaths per year. The CDC further elaborates that of those deaths:
- 65,773 were the result of unintentional poisoning
- 37,595 were related to fatal roadway accidents
- 39,443 resulted from accidental falls
There are several other types of accidents that may give rise to a wrongful death case are:
- Medical Malpractice: If a healthcare professional’s negligence results in death, it could be grounds for a wrongful death claim.
- Workplace Accidents: Employers are responsible for maintaining a safe workplace. If negligence in this duty results in death, a wrongful death claim can be filed.
- Substandard Products: If a product is defective and causes death, the manufacturers can be held accountable.
- Premises Liability: If a property owner’s negligence leads to a fatal accident, it may result in a wrongful death claim. Most notably would be slip and fall accidents.
- Pedestrian Accidents: Most commonly those struck by a motor vehicle.
- Bike accidents
- Negligent security, failing to maintain safe premises or operate an event safely
Each case is unique, and the nature of the incident greatly influences the direction of the wrongful death claim. At Jack Bernstein Injury Lawyers, we are equipped to handle a wide variety of wrongful death cases, always striving to deliver justice to our clients.
Who Can File a Wrongful Death Claim in Nevada?
In Nevada, a wrongful death claim can be filed by:
- The deceased’s surviving spouse or domestic partner
- The deceased’s children or stepchildren
- The deceased’s parents (if there are no surviving spouse or children)
- A representative of the deceased person’s estate
Each of these parties may have different damages they can claim. For example, a surviving spouse might seek compensation for loss of companionship, while children might claim loss of parental guidance.
The Process of a Wrongful Death Claim in Las Vegas
Navigating a wrongful death claim can be complex, but with the right guidance, it becomes less daunting. Here’s a simplified overview of what the process looks like:
- Consultation with an Attorney: The first step is to consult with a wrongful death attorney to understand the merits of your case, identify the potential defendants, and discuss the best legal strategy.
- Investigation: Once we take your case, our team begins a thorough investigation to gather all necessary evidence. This can involve accident scene investigation, interviewing witnesses, and gathering medical records and other relevant documentation.
- Filing the Claim: After assembling all evidence, we will file a wrongful death claim against the responsible party or parties, stating the reasons for their liability and the compensation sought.
- Negotiations and Litigation: Most wrongful death claims are settled out of court. However, if the responsible parties are uncooperative or the offer made does not fully cover your damages, we are ready to take your case to trial.
Every wrongful death case is unique, so the actual process may vary. However, our goal remains the same: to help you secure the compensation you deserve.
Types of Compensation in a Wrongful Death Claim
The aftermath of a wrongful death can bring about various financial burdens. Our attorneys can help you recover compensation for:
- Medical Costs: Any medical expenses incurred as a result of the negligent act leading to the wrongful death can be claimed.
- Funeral and Burial Costs: The expenses for funeral and burial services can also be recovered.
- Loss of Income: If the deceased was a breadwinner, their lost wages and future earnings can be claimed.
- Pain and Suffering: Survivors may claim compensation for the emotional pain and suffering caused by the loss of their loved one.
- Loss of Companionship: Losing a loved one also means losing their love, care, and companionship, for which compensation may be sought.
- Punitive Damages: In cases where the death was caused due to particularly egregious negligence or a deliberate act, punitive damages may be awarded to punish the wrongdoer and deter similar behavior.
Nevada Statute of Limitations for Wrongful Death
In Nevada, the statute of limitations for filing a wrongful death claim is two years from the date of death. This means that if you do not file a claim within this period, you could lose your right to pursue compensation. However, there may be exceptions depending on the specifics of your case, and our experienced attorneys can guide you through this.
Wrongful Death Lawsuit Case FAQs
In Nevada, the distribution of compensation depends on who files the claim and their relationship to the deceased. It can go to the surviving spouse, children, parents, or the estate.
In Nevada, a sibling can only file a wrongful death lawsuit if there is no surviving spouse, children, or parents, and they are a representative of the deceased person’s estate.
In such a case, a wrongful death claim can be filed against the person’s estate or their insurance company.
Yes, you can. Even if your loved one didn’t have a job, they may have contributed to the household in other ways. For example, they might have been a stay-at-home parent who provided childcare. An attorney can help establish this “loss of services” in monetary terms.
It depends on the specifics of the case. If the wrongful death was caused by a car accident, for instance, the at-fault party’s auto insurance might cover some of the damages.
Every wrongful death case is unique, and the settlement amount can vary significantly. It depends on various factors, including the deceased’s income, age, health condition prior to the accident, and the circumstances of the death.
The duration of a wrongful death claim depends on the specifics of the case, such as the complexity of the incident, the number of parties involved, and whether the case goes to trial or settles out of court.
A murder charge and a wrongful death claim are fundamentally different, primarily in the court in which they are adjudicated and the nature of the charges. A murder charge is a criminal offense tried in a criminal court. It is brought by the state, and if found guilty, the accused faces penalties like imprisonment, probation, or even death penalty in certain cases.
On the other hand, a wrongful death claim is a civil lawsuit brought by the deceased’s family or estate against the party they believe to be responsible for the death. It is not about proving criminal guilt but demonstrating liability. If the defendant is found liable, they’re typically required to pay monetary damages to the family, not serve jail time.
Calculating pain and suffering in a wrongful death lawsuit can be complex and varies on a case-by-case basis. It often considers the severity of the decedent’s pain before death, the duration of such suffering, and the awareness of impending death. Emotional trauma suffered by survivors could also be factored into the calculation. Since these factors are subjective, it often requires expert testimonies and substantial evidence.
In Nevada, punitive damages, which are designed to punish the defendant and deter similar behavior in the future, can indeed be awarded in wrongful death lawsuits. However, they are only awarded in cases where the defendant’s actions were particularly egregious, reckless, or intentional.
In Nevada, an ex-spouse generally cannot file a wrongful death claim unless they are the parent of the deceased’s child or children, or if they can prove financial dependence on the deceased at the time of death. It’s always best to consult with a skilled wrongful death attorney for specific advice based on your circumstances.
Negligence plays a central role in wrongful death claims. To be successful, the plaintiff must demonstrate that the defendant owed a duty of care to the deceased, that this duty was breached through negligence, and that this breach directly resulted in the death. For instance, in a wrongful death claim stemming from a car accident, the plaintiff might argue that the defendant was negligent in not following traffic rules, resulting in the fatal accident.
Contact Us for a Free Consultation
Jack Bernstein Injury Lawyers is available to help you handle your wrongful death claim in the Las Vegas metropolitan area and beyond. Jack Bernstein and his team can offer you the personalized service and legal representation you deserve.
Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.
