Losing a loved one because of someone else’s negligence is devastating. If your family is dealing with a wrongful death in Henderson, you may have the right to pursue compensation for funeral expenses, lost income, and the loss of your loved one’s companionship and support.
Jack Bernstein has spent over 40 years as a personal injury attorney, recovering more than $500 million in verdicts and settlements for victims and families throughout Nevada. As part of our Henderson personal injury practice, wrongful death cases are among the most serious we handle, and Jack gives each one his direct attention.
Your consultation is free, and you pay no attorney fees unless we win. Call (702) 633-3333 or request a free case review.
Why Hire Jack Bernstein Injury Lawyers?
Jack G. Bernstein, Esq. has been protecting the rights of injured victims and their families for over 40 Years.
What Our Clients Say
When my Dad was involved in an accident, we called Jack because we knew he’d have our back! Jack and his team were dedicated, attentive, and worked tirelessly to get my father the outcome he deserved. I highly recommend Jack Bernstein to anyone in need of an injury attorney!
Who Can File a Wrongful Death Claim in Nevada
Nevada law (NRS 41.085) specifies who has the legal right to file a wrongful death claim. Understanding whether you have standing is one of the first questions to resolve.
The following family members may be eligible to file:
- Spouse of the deceased
- Children of the deceased
- Parents of the deceased
- Estate representative (personal representative or executor) on behalf of the estate
The rules around standing can be more complex than they first appear, particularly for unmarried or common-law partners, blended families, or situations where determining legal heirs requires careful analysis. If you’re unsure whether you qualify, that’s something we can clarify during a consultation.
Common Causes of Wrongful Death in Henderson
Wrongful death claims arise when someone dies due to another party’s negligence or reckless behavior. In Henderson, the most common causes include:
Motor vehicle accidents. Henderson’s high-traffic corridors, including Boulder Highway, I-215, and the I-11 interchange, see serious and fatal collisions. Fatal car accidents involving distracted driving, speeding, and impaired driving are among the most frequent wrongful death cases we see.
Truck accidents. Commercial trucks on Boulder Highway and I-11 can cause catastrophic, fatal crashes. These cases are especially complex because they involve commercial insurance policies, federal trucking regulations, and corporate defendants.
Pedestrian and bicycle accidents. Intersections along Eastern Avenue, Green Valley Parkway, and Stephanie Street see pedestrian traffic throughout the day. When drivers fail to yield or are distracted, the consequences for pedestrians and cyclists are often fatal.
Medical negligence. When a healthcare provider’s error leads to a patient’s death, the surviving family may have a wrongful death claim against the medical provider. These cases require careful analysis of medical records and expert testimony.
Premises liability. Fatal injuries from falls, structural failures, inadequate security, or other dangerous property conditions can give rise to wrongful death claims against property owners or managers.
Compensation Available in Henderson Wrongful Death Cases
Nevada wrongful death claims can involve two separate categories of damages, sometimes described as the “two checkbook” system under NRS 41.085.
Damages available to surviving family members may include:
- Loss of financial support the deceased would have provided
- Loss of companionship, comfort, and guidance
- Grief and emotional suffering of the surviving family
- Loss of household contributions and services
Damages recoverable by the estate may include:
- Funeral and burial costs
- Medical expenses incurred before death
- Conscious pain and suffering experienced by the deceased before passing
- Lost wages from the date of injury to the date of death
The distinction between a wrongful death claim and a survival action matters because they compensate different losses and may involve different parties. This is something Jack’s team evaluates from the start to ensure nothing is missed.
Every case is different. The potential value of a wrongful death claim depends on the circumstances of the death, the deceased’s age and earning capacity, the family’s relationship to the deceased, and the strength of the evidence. You can explore how these factors interact using a wrongful death settlement calculator, but any real estimate requires a case-specific evaluation.
Nevada’s Statute of Limitations for Wrongful Death
You have two years from the date of your loved one’s death to file a wrongful death lawsuit in Nevada (NRS 11.190).
Two years may sound like a long time, but critical evidence can disappear much sooner. Surveillance footage, accident scene conditions, and witness availability all deteriorate over weeks and months. Preserving evidence early strengthens your case significantly.
Steps To Take After Losing a Loved One
The legal process is probably the last thing on your mind right now. But there are steps that protect your family’s rights:
Preserve any evidence from the accident or incident. If you have access to photos, dashcam footage, communications, or documents related to what happened, keep them safe. Do not discard or delete anything.
Request official reports. For vehicle accidents in Henderson, request the accident report from the Henderson Police Department. For incidents on someone’s property, ask for the written incident report from the property owner or manager.
Do not speak with the at-fault party’s insurance company without an attorney. Insurance adjusters may contact you quickly, sometimes within days. They may sound sympathetic, but their goal is to minimize the payout. Your response: “My attorney will be in contact with you.”
Keep records of all expenses. Funeral costs, medical bills incurred before death, travel expenses, and time taken off work are all potentially recoverable. Document everything.
Consult an attorney before making any decisions about settlements. Early settlement offers from insurance companies rarely reflect the full value of a wrongful death claim. Once you accept, you cannot pursue additional compensation later.
Why You Need an Experienced Henderson Wrongful Death Attorney
Wrongful death cases are more complex than most personal injury claims. Multiple parties may share liability. Insurance companies fight harder on high-value claims. The legal process involves both the wrongful death claim itself and, in many cases, a separate survival action on behalf of the deceased’s estate.
If the deceased was the family’s primary earner, accurately calculating lifetime lost income requires economic analysis. If medical negligence was involved, expert testimony is essential. If the family includes out-of-state executors, there are additional procedural considerations.
Jack Bernstein has handled personal injury and wrongful death cases for over 40 years. He is personally involved in every case his firm handles, and his focus on personal injury means your case gets the depth of experience it requires.
Frequently Asked Questions
Who can file a wrongful death lawsuit in Henderson? Under Nevada law (NRS 41.085), a wrongful death claim can be filed by the deceased’s spouse, children, parents, or the personal representative of the estate. If you’re unsure whether you have standing, this guide on determining legal heirs may help, and we can clarify your specific situation during a consultation.
How long do I have to file? Nevada’s statute of limitations is two years from the date of death (NRS 11.190). However, key evidence can deteriorate or disappear much sooner. Contacting an attorney early helps preserve the strongest possible case.
How much is a wrongful death case worth? There is no standard answer. The value depends on the deceased’s age, earning capacity, the family’s financial dependence on them, the circumstances of the death, and the available evidence. We evaluate your specific situation during a free consultation and give you an honest assessment.
How long do wrongful death cases take to resolve? It varies. Some cases settle within months. Others, particularly those involving corporate defendants or disputed liability, can take a year or longer. Jack will give you a realistic timeline based on the specifics of your case.
How much does it cost to hire Jack Bernstein? Nothing upfront. We work on a contingency fee basis, meaning no attorney fees unless we successfully resolve your case. We advance all case expenses. Your initial consultation is free.
Talk To a Henderson Wrongful Death Attorney Today
If you’ve lost a loved one in Henderson due to someone else’s negligence, Jack Bernstein can help you understand your legal options. We’ll evaluate your situation, explain what your family may be entitled to, and give you an honest assessment of your case. No pressure, no obligation, no cost.
Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.
