If your loved one’s death was caused by another party’s wrongdoing, a wrongful death lawyer in North Las Vegas can help you pursue compensation. Pacific West Injury Law is a compassionate and experienced law firm.
We help grieving families fight for the compensation they deserve. You’ve already been through enough. Now let us do the hard work.
What is a Wrongful Death Lawsuit?
If you lost a close relative due to someone else’s carelessness or recklessness, you may be able to file a wrongful death lawsuit. These types of lawsuits compensate you for any damages that you or your deceased loved one incurred.
Compensation can include both “economic damages” and “noneconomic damages.”
- An economic damage has a set cost, such as medical bills, punitive fines or funeral costs.
- Non-economic damages are intangible, and include things like the loss of companionship or parental guidance.
Losing someone is difficult enough. You shouldn’t have to struggle financially. A settlement can’t bring your loved one back, but it can make life a little easier.
What is Considered a ‘Wrongful Death’?
In a wrongful death case, another party caused your loved one’s death by acting negligently or failing to take necessary action. A wrongful death typically falls into one of three categories:
- Negligent actions
- Medical malpractice and hospital negligence
- Intentional acts
Within these three categories, there are many specific circumstances that are a wrongful death.
Negligent Actions
There are countless negligent actions that can lead to someone’s death.
Motor Vehicle Accidents
Car crashes and motorcycle accidents are leading causes of wrongful deaths in the North Las Vegas area. In addition, Clark County has the highest rate of fatal pedestrian crashes in Nevada. A driver may be found negligent if they drove while intoxicated or above the posted speed limit.
Product Liability
Any malfunctioning product – such as a household appliance or power tool—can result in fatal injuries. Faulty medical devices can also cause someone’s death. In these cases, the manufacturer may be the negligent party.
Premises Liability
Property owners have a duty to keep their premises safe. This responsibility extends to municipalities, business owners, and homeowners. One example of a premises liability wrongful death case is an improperly maintained staircase that led to a fatal fall.
Medical Malpractice and Hospital Negligence
Doctors and other health professionals are expected to provide a certain standard of care. You may have legal recourse if your loved died as a result of a:
- Missed, wrong, or delayed diagnosis
- Medication error, such as the wrong dose or ignoring a noted drug allergy
- Surgical mistakes, including too much anesthesia or an instrument left in the body
- Lack of necessary medical treatment or being told that “nothing is wrong” with them
- Hospital discharge when your loved one wasn’t well enough to go home
Intentional Acts
An intentional action means that someone set out to harm your loved one. Domestic violence, assaults, and murder may be considered intentional acts.
Who Can File a Wrongful Death Claim?
Generally speaking, the deceased person’s heirs may be eligible to file a wrongful death claim. These heirs can include:
- Personal representatives, such as the estate executor
- Spouse
- Children
- Parents, if the deceased wasn’t married and didn’t have children
- Siblings, if the deceased does not have a surviving spouse, children, or parents
- Possibly other relatives, if there are no immediate family members
Sometimes, who is an heir is clear-cut. And yet other families are more complex. A wrongful death lawyer in North Las Vegas can advise you on your rights.
If the Negligent Party Died, Too, Can You Still Sue?
Sometimes, the negligent party is deceased, too. This may happen in serious car accidents, but it can happen in other situations as well. You may still be able to receive compensation.
The laws regarding wrongful death lawsuits are covered under Nevada Revised Statute (NRS) §41.085. In cases where “the wrongdoer is dead,” a lawsuit may be brought “against the wrongdoer’s personal representatives, whether the wrongdoer died before or after the death of the person injured by the wrongdoer.”
Time Limits for Wrongful Death Claims in Nevada
Each state has its own statute of limitations for wrongful death lawsuits. Per NRS §11.190, you have two years from the date of your loved one’s death to file a lawsuit. This can seem like a long time, but it can pass by quickly.
You should speak with a wrongful death attorney in North Las Vegas right away. We can let you know what your rights are, and if a wrongful death lawsuit is an option for you. There is no reason to delay pursuing compensation.
How Much is a Wrongful Death Settlement?
A fair wrongful death settlement should fully compensate you for:
- Any expected income or benefits that the deceased would have earned
- Medical bills related to your loved one’s fatal injuries
- The value of services they would have provided, such as home maintenance or childcare
- Reasonable burial and funeral costs
- Deprivation of love, companionship, care, and affection
- Any pain, suffering, or disfigurement that the deceased experienced before their death
As wrongful death attorneys in North Las Vegas, we work hard to secure your financial future. We consult with medical and economic experts when determining a fair settlement amount.
Wrongful Death Lawsuits vs. Criminal Charges
A wrongful death lawsuit is a type of civil case to pursue financial compensation. These proceedings are separate from any criminal charges that the defendant may also face.
Wrongful death claims ensure that grieving families are adequately compensated for their loss. These lawsuits also make North Las Vegas safer by holding negligent parties accountable for their actions.
Contact an Attorney for Legal Help Today
After the death of a loved one, you likely have many questions. A wrongful death attorney in North Las Vegas can provide answers. Contact Pacific West Injury Law today to schedule a free case evaluation.
