Losing a loved one due to someone else's negligence is a heartbreaking experience, and navigating the legal terrain in the aftermath can feel overwhelming. Filing a wrongful death lawsuit can help families obtain the compensation they deserve, but the process can be complex.
If a loved one has died and you’re considering pursuing a wrongful death claim in Las Vegas, understanding your rights and the necessary legal steps is crucial. In this guide, we will outline how an experienced wrongful death attorney can assist you through this challenging time, ensuring that your family’s best interests are protected. Reach out to us for a free consultation and let us help you win the compensation your family needs to move forward.
What Is Wrongful Death?
A wrongful death claim arises when an individual's life is tragically cut short due to the negligent or intentional wrongful act of another party, such as a person, corporation, or organization. This type of lawsuit allows surviving family members to seek financial compensation for the emotional and financial losses they suffer because of their loved one's death. Common situations that give rise to wrongful death lawsuits include incidents like car crashes, medical negligence, defective and faulty products, and accidents in the workplace.
Survival Action vs. Wrongful Death Action in Nevada
Understanding the difference between a survival action and a wrongful death action claim is key when pursuing legal remedies after a loved one’s passing. In Nevada, the distinction lies primarily in who receives compensation and what damages are being sought.
A survival action allows the estate of the deceased to seek compensation for the suffering and losses the individual experienced before their death, such as medical expenses, lost income, and pain and suffering. This type of personal injury claim is managed by the executor of the estate and benefits the estate itself.
On the other hand, a wrongful death claim is filed on behalf of the surviving family members, seeking compensation for the losses they have suffered due to their loved one’s death, including funeral costs and the emotional toll of losing a loved one.
Both claims can be pursued simultaneously, but they focus on different aspects of the victim’s experience and the impact on the surviving family.
How to Prove Wrongful Death Cases
To prove a wrongful death case, it’s essential to build a solid foundation of evidence that clearly shows the responsible party’s negligence or misconduct. This requires thorough investigation and documentation to establish liability. Here are the key steps that our legal team at Cameron Law will take to win your case:
- Interview witnesses and record firsthand accounts of the incident to make sure their memories won’t fade over time.
- Obtain official reports, such as police or accident reports, to establish a factual timeline.
- Analyze medical records to understand the injuries that led to the victim’s death.
- Work with experts, such as medical professionals or accident reconstructionists, safety engineers, or other experts, to strengthen your case.
- Survey the scene and gather additional evidence, including any available surveillance footage, photographs, video, or physical evidence.
- Document your family’s financial losses, such as medical bills and funeral expenses, as well as emotional impacts.
We will negotiate with the at-fault party and their insurance company to try to settle the case without the need for a trial. But if they are being unreasonable and aren’t offering an amount of money that will fairly and fully compensate you for your damages, we’ll take the case to trial and force them to pay up.
Wrongful Death Damages You Might Recover When You File a Lawsuit
When filing a wrongful death lawsuit, you may be entitled to recover compensation for a range of damages related to the loss of your loved one. These damages can help cover both the financial and emotional impact of the death on your family.
Compensation often includes medical expenses incurred before your loved one’s passing, funeral and burial costs, and any pain and suffering the victim experienced before death. Additionally, you may seek damages for the loss of the deceased’s income, both past and future, as well as lost benefits or inheritance. Families may also be compensated for the loss of the services and support the deceased once provided. However, it’s important to be aware of the deadline for filing a wrongful death lawsuit — missing this window could result in losing your right to pursue compensation altogether.
Who Is Able to File a Wrongful Death Lawsuit in Las Vegas, NV?
Under Nevada law, only specific individuals are permitted to file a wrongful death lawsuit. These people include the personal representative of the deceased person’s estate or the victim’s surviving family members, known as “intestate heirs”.
The surviving spouse, domestic partner, or children are typically the ones who can file the claim. If the person was unmarried and childless, the right to file passes to the parents, siblings, or the closest surviving family member.
It's important to understand that individuals like significant others, fiancées, or close friends, even if named in the will, are not eligible to bring a wrongful death claim.
How Are Wrongful Death Settlements Calculated?
Wrongful death settlements are calculated by assessing two types of damages: compensatory and, in some cases, punitive damages.
Compensatory damages are intended to cover both tangible and intangible losses suffered by the surviving family. These can include the deceased’s lost income, future earning potential, retirement benefits, and the value of services they would have provided. Other factors like funeral and burial expenses, emotional pain from the loss of companionship, and any medical bills incurred before death also contribute to this total. The deceased’s age, health, and life expectancy play a role in determining the final amount.
Punitive damages, on the other hand, are awarded in cases where the responsible party’s behavior was especially reckless or egregious. They are intended not to compensate the family, but to punish the wrongdoer and serve as a deterrent for similar actions in the future. However, punitive damages are not awarded in every wrongful death case.
How an Attorney Will Handle a Wrongful Death Case
Our Nevada wrongful death attorney is dedicated to protecting your family’s rights and ensuring you receive the compensation you deserve. The wrongful death team at Cameron Law is well-versed in the complex laws surrounding wrongful death claims and will manage the entire legal process on your behalf. Here's how an experienced attorney will handle your case:
- Identify liable parties involved in the wrongful death.
- Gather and assess evidence to build a strong case for compensation.
- Handle all communications with insurance companies, other parties, courts, and legal teams.
- Keep you informed with regular updates and answers to your questions throughout the process.
- Negotiate a fair settlement based on the value of your losses and damages.
- Represent your best interests in court, if necessary, to secure the compensation your family deserves.
Seek Justice and Compensation with Cameron Law
Filing a wrongful death lawsuit is a complex and emotional process, but it offers surviving family members a path to justice and financial recovery after the loss of a loved one. By understanding the steps involved and the types of damages you may recover, those responsible for the death can be held accountable.
While this journey can be overwhelming, partnering with an experienced wrongful death attorney ensures that your case is handled professionally and aggressively, and that your family’s best interests are protected. If you believe your loved one’s death was caused by negligence or wrongdoing, don’t hesitate to take action. Schedule a free consultation with our Las Vegas wrongful death lawyer today to discuss your case and explore your options for seeking justice.
