Losing a loved one is one of the most difficult things a person can go through. The circumstances can be even more painful to know that the death happened due to someone’s avoidable actions.
If you have lost a loved one through another’s negligence, you need to speak to a Nevada wrongful death lawyer from Sweet James. We can help you file a wrongful death lawsuit against the responsible parties to recover losses you incurred due to the death.
No amount of money can bring a person back, but a financial settlement can help you and your family navigate healing and moving forward. Our attorneys have been getting justice and answers for families affected by wrongful deaths for over 25 years. Contact us today to schedule a case consultation with a Las Vegas wrongful death lawyer.
Why You Need a Wrongful Death Lawyer
An unexpected death can throw your and your family’s life into chaos as you struggle to deal with the financial and emotional fallout. You may be struggling to pay bills or take care of children because the deceased is no longer there.
Our wrongful death lawyers can manage the entire process of filing a wrongful death lawsuit, letting you prioritize rebuilding. We can take care of investigations and gathering evidence, as well as represent you during settlement negotiations. If necessary, we can file a formal lawsuit to compel payments.
Our mission is to defend the powerless and help you find closure in your difficult times. Give us a call today to discuss your legal options with a Las Vegas personal injury lawyer from our team.
Nevada Wrongful Death Laws
A wrongful death in Nevada is defined as any death that is caused by another person’s wrongful acts or negligence. If there is a wrongful death, then the deceased’s surviving heirs can file a lawsuit for wrongful death against the liable party to recover financial compensation or damages.
What matters with a wrongful death isn’t so much the exact manner of death as whether the death was the result of wrongdoing. Anytime someone dies because of another’s careless or dangerous actions/omissions, it’s a wrongful death according to Nevada law. This definition includes deaths due to negligence or recklessness (e.g., car accidents) and intentional acts (e.g., assault or battery).
Wrongful Death vs. Criminal Homicide
The same case giving rise to a wrongful death claim may also result in a criminal homicide trial. However, wrongful death and criminal homicide are two different things. You don’t need to be convicted of a homicide crime to be liable for a wrongful death.
Wrongful death cases are a matter of civil law and compensating the victim’s surviving heirs for their losses. Homicide trials, in contrast, are a matter of criminal law and exist to punish the offender. Proving a wrongful death uses the lower ‘preponderance of evidence’ standard instead of the higher ‘beyond a reasonable doubt’ standard in criminal trials.
Who Can File a Wrongful Death Lawsuit in Las Vegas?
In many states, only the deceased’s personal representative can bring a lawsuit for a wrongful death. However, Nevada allows both the deceased’s personal representative and the deceased’s heirs to file a wrongful death claim.
Acceptable heirs include the deceased’s surviving spouse, children, parents, and siblings, in order of decreasing priority. When both the deceased’s personal representative and heirs file wrongful death claims, the two can be joined together into a single claim.
If you are unsure whether you have legal standing to file a claim, contact one of our Las Vegas fatal accident attorneys, and we can provide clarity.
Compensation from a Wrongful Death Lawsuit in Las Vegas
The types of possible compensation depend on who is filing the wrongful death suit. For lawsuits initiated by the personal representative, proceeds are meant to compensate the victim’s estate for losses, such as:
- Medical costs incurred before death
- Funeral and burial expenses
- Lost work income
- Pain and suffering experienced before death
For lawsuits initiated by the deceased’s surviving heirs, compensable losses include:
- Loss of financial support that the deceased would have provided
- Loss of comfort, care, guidance, or companionship
- Emotional distress, sorrow, or grief
Time Limit for Filing a Wrongful Death Lawsuit in Las Vegas
According to NRS 11.190(4)(e), you have two years to take legal action for a wrongful death in Las Vegas. The two-year timer typically starts counting from the date that the death occurred, which may be different from the date the deceased sustained injuries.
For instance, if the victim was in an accident on March 1, 2024, and they passed away from their injuries on May 1, 2024, the statute of limitations would expire two years later on May 1, 2026.
Regardless of how long you have, you should start as early as possible. The earlier you start working with a Las Vegas wrongful death attorney, the sooner you can receive payments and the lower the chances of payment delays.
Contact a Wrongful Death Lawyer Serving Las Vegas
When someone dies a wrongful death, it may feel impossible to move on from the anger, despair, or grief. The team at Sweet James can provide the legal and moral support necessary to guide you through the most difficult circumstances in life. We promise to use every resource and strategy available to pursue justice on your and your loved one’s behalf.
Contact our offices online or call today to schedule a free case consultation with our Las Vegas wrongful death lawyers at Sweet James.
