Losing someone because another of person’s negligence is incredibly challenging. Family members may be facing a growing financial burden resulting from the loss of their loved one.
The Las Vegas wrongful death attorneys at Bernstein & Poisson are prepared to help those who unexpectedly lost loved ones. We have been representing grieving and struggling families since 2007, securing millions in compensation on their behalf. This includes a $1 million settlement for an auto accident victim in a wrongful death case. Partners Jack Bernstein and Scott Poisson are personally involved in every case the firm takes on.
Contact us to learn more about your rights and legal options. The initial consultation is completely free and confidential. If you have a valid case, you are under no obligation to take legal action and you pay nothing up front to retain our services. Zero fees are collected unless we help you obtain a recovery.
How is Wrongful Death Defined in Nevada?
The state of Nevada (NRS 41.085) defines a wrongful death as a death caused by the wrongful act or neglect of another person or entity. A wrongful death lawsuit can be brought by certain survivors of a victim who has lost his or her life due to the deliberate or carelessly negligent actions of another person.
A wrongful death claim is also considered a civil lawsuit. These cases can proceed to court if the deceased person would have been able to file a personal injury claim had he or she survived, even if the death is the subject of a criminal investigation. In order to win a wrongful death lawsuit, a jury must only find that the defendant was responsible for the death by a preponderance (majority) of the evidence.
A wrongful death can arise from a number of circumstances, including:
- Car accidents
- Medical malpractice
- Truck accidents
- Occupational exposure to hazardous conditions or substances
- Motorcycle accidents
- Death during a supervised activity
- Boat accidents
There may be more than one person or entity liable for a wrongful death. For example, a fatal car accident caused by mechanical failure may be the responsibility of the manufacturer as well as the vehicle owner if he or she knew or should have known about the problem and could have fixed it.
For a free legal consultation with a lawyer serving Las Vegas, call (855) 605-2959
Who Can File a Wrongful Death Lawsuit?
The following parties are legally allowed to file a wrongful death lawsuit in Nevada:
- The personal representative of the deceased’s estate
- The surviving spouse or domestic partner
- The deceased’s children
If there is no surviving spouse or children, the parents of the deceased can file. If there is no surviving spouse, children or parents, the siblings of the deceased can file. Otherwise, the next closest family member of the deceased may be able to bring a wrongful death lawsuit.
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Benefits of Hiring a Wrongful Death Lawyer
Wrongful death cases can be quite complex. That is why we recommend consulting with an experienced Las Vegas wrongful death lawyer who can advocate on your behalf and protect your best interests.
Our lawyers are well-versed in wrongful death statutes and what it takes to build a strong case for compensation. We are here to help you navigate the legal process during this difficult time. We know what deadlines must be met and are ready to ensure that all relevant documentation is completed and submitted in a timely manner. Failure to meet certain deadlines can jeopardize a wrongful death case.
At Bernstein & Poisson, we also have many decades of experience helping victims and their families in Las Vegas and throughout Nevada pursue the compensation they need. Although nothing can bring back your loved one, the people who hurt you and your family should be held accountable. Our firm is proud to work on a contingency-fee basis, meaning you only pay us if we obtain compensation for you.
Contact our Las Vegas Wrongful Death Attorneys today
Damages Awarded in a Wrongful Death Case
Every wrongful death case is unique. Any damages awarded are meant to compensate the estate and provide relief to family members who are suffering financial losses due to the death of their loved one.
If the personal representative of the deceased’s estate files a wrongful death lawsuit in Nevada, the estate may be able to recover the following damages:
- Medical bills the deceased incurred until his or her death
- Reasonable funeral and burial expenses
- Punitive damages (meant to punish the defendant and deter similar behavior from others)
If a surviving spouse, children or another family member files a wrongful death lawsuit in Nevada, the family may be able to recover the following damages:
- Lost wages and benefits the deceased would have earned if still alive
- Pain, suffering or disfigurement the deceased experienced until his or her death
- Loss of companionship, comfort, care and affection
- Grief or sorrow any survivor has experienced
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Recovering Damages in a Survival Action
In Nevada, filing a survival action is different than filing a wrongful death lawsuit. A wrongful death case seeks to compensate families for damages incurred after or as a result of a loved one’s death, whereas a survival action compensates families for damages sustained by the deceased before his or her death.
It is important to note that a survival action is filed by the personal representative of the deceased’s estate, not the surviving family members. Damages that may be sought in a survival action include:
- Medical bills
- Lost wages
- Loss of consortium
- Pain and suffering
Is There a Time Limit for Taking Legal Action?
The state has a statute of limitations on filing wrongful death lawsuits. If the lawsuit if not filed within the time limit, the case will likely be dismissed in court.
Generally, you have two years from the date of a loved one’s death to take legal action. There may be exceptions to this rule. A Las Vegas wrongful death attorney at our firm is ready to assess the time limit that applies to your situation and ensure that a lawsuit is filed before the statute of limitation expires.
Helpful Resources After Sudden Loss of a Loved One
The sudden loss of a loved one is a devastating experience. However, there are local and statewide resources available to help families during such difficult times from support groups to grief counseling.
Adam’s Place, A Grief Center for Children and Families is dedicated to providing support and grief services to the Las Vegas community and provides a list of several peer support resources.
Camp Erin is a free three-day bereavement camp for children and teens who have experienced the death of someone close to them. Grief education and emotional support services are led by grief professionals and trained volunteers.
Nevada 211 is a program of the Nevada Department of Health and Human Services that provides grief support services for those who have lost a loved one. Groups meet in-person, online or over the phone.
Call Our Nevada Wrongful Death Attorneys Today
Bernstein & Poisson is here to help if you have lost a loved one due to negligence. We are ready to pursue legal action against anyone who caused your loss to recover just and fair compensation. No amount of recovery can make up for the loss you have endured, but it may help you and your family begin to move forward.
Request a free initial consultation to get started. There is no obligation after this meeting to hire our firm, but if you do, we charge zero upfront fees. We only get paid if we help you obtain compensation.
Our office located at 320 S Jones Blvd is about 12 minutes from the University Medical Center.