A wrongful death lawsuit in Las Vegas can give you and your family financial relief and a sense of justice for losing a loved one.
When you suffer the loss of a loved one due to someone’s carelessness, negligence, or intentional actions, we at Pacific West Injury Law encourage you to consider filing a wrongful death claim.
Nevada law defines wrongful death as “when the death of any person, whether or not a minor, is caused by the wrongful act or neglect of another, the heirs of the decedent and the personal representatives of the decedent may each maintain an action for damages against the person who caused the death.”
Nevada wrongful death law provides certain family members the right to recover financial compensation for funeral expenses, future financial support, and intangible losses like the loss of guidance, companionship, and emotional support resulting from a loved one’s death.
However, there are specific steps that every family should take soon after losing a loved one to wrongful death.
Are You Eligible To File a Wrongful Death Claim In Las Vegas?
In Nevada, only the surviving spouse or children of the decedent can bring a wrongful death claim. Parents are eligible to file a claim if there is no surviving spouse or children.
If none of the individuals entitled to bring action have initiated the action after the decedent’s death, their executor or administrator can bring and prosecute action unless requested not to by all those individuals entitled to bring it. The proceeds received in the form of damages still go to the decedent’s heirs. During your case evaluation, a wrongful death lawyer will determine if you can file a claim.
Hire An Experienced Las Vegas Wrongful Death Lawyer
If you are eligible to file a wrongful death claim in Las Vegas, there are several reasons why you should hire a wrongful death lawyer. No matter how strong you think your case might be, you never know how it will play out. A Las Vegas, wrongful death lawyer will help you determine the potentially liable party or parties. Your lawyer will review the investigation findings to identify the at-fault person or entity.
Even if you are confident that you know when the legal deadline expires, you can only pursue your case after the last minute. Lawyers need time to investigate your case and prepare the necessary paperwork. In complex cases such as wrongful death, a thorough investigation can take months and an investment of thousands of dollars.
Nevada statute of Limitations for filing a wrongful death lawsuit is two years after the injured person’s death.
Gather Important Evidence To Support Your Wrongful Death Claim
Suppose you are considering pursuing a wrongful death claim for a loved one. In that case, your lawyer will guide you through collecting the evidence and official documentation your case requires.
You must obtain all relevant evidence and documents from the incident – medical records, police reports, witness accounts, and even the death certificate. You should also collect relevant documents from your loved one’s final few days.
All of this documentation will be important for building a solid case. You never know what will be necessary to your wrongful death attorney, so you are better off collecting everything. Allow your lawyer to decide what is essential and what is not. The medical documents of the decedent are the most crucial evidence to obtain in a wrongful death lawsuit. Doctor’s notes, evaluation reports, diagnostic test results, and prescription medications are examples of medical documents required in wrongful death lawsuits.
A copy of a police report can help prove a wrongful death case involving an accident.
Lawyers require as much information as possible about how the decedent died. A copy of the official death certificate notes the precise date and time of death and mentions the actual cause of death, such as a road accident, a fall, or a construction accident. The coroner verifies this certificate, and is an essential piece of evidence for any wrongful death case.
While it may not be a required legal element of a claim, an autopsy is crucial in proving most wrongful death cases.
An autopsy is a procedure where a dead person’s body is medically examined by dissection to evaluate and determine the manner, circumstances, and cause of death. If you suspect someone else’s fault killed the decedent, you should strongly consider requesting an autopsy. The burden of proving the cause of death falls on the person or people bringing the wrongful death lawsuit.
Reaching a successful outcome or winning your case will require proving the defendant’s negligence or intent. If the cause of death is unknown, it is impossible to prove that someone’s acts or omissions caused it.
An autopsy may demonstrate that a person passed away because of someone’s negligence.
Other crucial evidence in a wrongful death case includes photographs or videos of the accident scene, witness statements, expert witness testimony, family records, payslips, tax information, and financial records.
Initiate Settlement Negotiations
Your lawyer will prepare and send a demand letter to the liable party’s insurance company after determining the value of your case. Calculating how much a wrongful death claim is worth involves adding the decedent’s funeral expenses, medical bills, lost income, loss of support, and pain and suffering of the surviving family members.
Factors including the age at which the decedent died, his or her current income and earning capacity, and health must be taken into account. In cases where the decedent was a parent, loss of parental guidance and general financial support are also crucial issues. Your lawyer will request the highest settlement amount based on the defendant’s coverage limit. The insurance company will likely disagree with the requested amount and send a lower settlement offer. Lengthy negotiations may be necessary before a reasonable settlement agreement is reached.
If settlement negotiations are unsuccessful, your lawyer will suggest filing a lawsuit.
Pacific West Injury Law -Compassionate Wrongful Death Lawyers Who Deliver Justice To Grieving Families In Las Vegas
While your loved one can never be brought back, a wrongful death claim can help support your family in the years to come. It can also hold the at-fault party accountable for the harm they caused, possibly preventing harm to others in the future.
The compassionate yet aggressive lawyers at Pacific West Injury Law will provide sound legal advice, explain each step, and be with you through these difficult times.
If a loved one has passed away due to another party’s carelessness or negligence in Las Vegas, Henderson, or North Las Vegas, reaching out to a wrongful death lawyer at our Las Vegas personal injury law firm can help greatly. You and your family need and deserve the time and space to grieve your loss. Allow us to work out the details of your case to help fight for the fair and just compensation you and your loved ones deserve in your family’s hour of need.