The negligent actions of others can have a profound impact on your life, no more so than when they result in the wrongful death of your loved one. When you are enveloped in grief and not sure where to turn, seek out the support of a wrongful death lawyer in Las Vegas. A lawyer can provide empathetic guidance and clarity during this difficult time.
Shook & Stone Injury Lawyers has more than 150 years of combined experience representing clients in Nevada who have lost a loved one. If someone you love was killed due to the negligence or recklessness of another, call our office today for a free consultation with a Las Vegas personal injury lawyer. There is no fee unless we win. We provide compassionate and skilled services to get you results.
Understanding a Wrongful Death Claim and How Liability Is Established
A wrongful death claim is a lawsuit brought against the person or entity responsible for the accident that caused your loved one’s death. Essentially, you are suing them. It may sound harsh, but if it were not for their negligence, your family member would still be alive today. To establish negligence, your Las Vegas wrongful death lawyer must demonstrate the following:
- Duty of care: The other party owed your loved one a duty of care. This means that they had some level of responsibility for keeping your family member safe, and they failed to fulfill this responsibility.
- Breach of duty of care: You must then demonstrate that the party breached that duty of care in some way, whether it was through action or inaction, intentional or not.
- Causation: The breach of the duty of care must have caused the accident to occur. If that did not happen, you would not have suffered the injuries you did.
- Injuries: You must then show that the accident caused your injuries, resulting in physical and financial losses as a result of their actions or inaction.
Establishing wrongful death is complex and requires a significant amount of evidence to support every statement you make. With the guidance of our legal team, you can be prepared for what to expect throughout your case. The tragic loss of a loved one is painful, but our experience and dedication to our clients enable us to fight tirelessly for your right to recover damages and ease some of your losses.
Wrongful Death Cases and Comparative Negligence
While it may be difficult to think about, it is important to be aware that a partial fault on the part of the decedent can impact a wrongful death claim. A lawyer can help you understand modified comparative fault in Nevada (NRS 41.141) in your case. If, for example, your loved one contributed to the accident and was 10% at fault, then damages recovered to offset their losses may be reduced by 10%.
Nevada primarily bars parties who are 51% or more at fault from recovering compensation, but provides proportional damages as long as fault remains below that threshold. This means that it’s essential to work with a skilled lawyer if you’re concerned that your loved one was partially at fault.
Challenges of Establishing Liability in a Wrongful Death Case
Establishing liability can be difficult in wrongful death cases if there is insufficient evidence. In some cases, multiple parties may be involved, making it harder to determine who is at fault. Other cases can also be highly nuanced, adding to the complexities of a claim. Since every case is unique, the guidance of a lawyer is essential for navigating challenges that affect your situation.
Types of Wrongful Death Cases We Handle
If your family member lost their life due to the mistakes or negligence of another person or a business, let a wrongful death attorney in Las Vegas from our team investigate and handle your case per NRS 41.085. Wrongful death can result from any severe accident, and our team thoroughly reviews your case to gain an understanding of what occurred so we can fight for you. Some common cases we handle include:
- Car and truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Medical malpractice cases
- Premises liability claims
- Workplace injury cases
- Bicycle accidents
- Dog bites
With the guidance of a Las Vegas wrongful death lawyer, you can be confident and have peace of mind as we move forward. Our dedication to our clients makes the biggest difference in your case and outcome. We encourage you to reach out to us for a free, no-obligation consultation to learn more about your rights and let us fight for you.
Parties Who Can File a Wrongful Death Claim in Las Vegas
The right to seek compensation for a wrongful death claim is not open to just anyone. The law makes it clear that a party cannot recover compensation for a claim unless they are either the executor of the victim’s estate appointed in a will or through the court, or a surviving family member. Family member eligibility is prioritized in the following way:
- The spouse, domestic partner, or children of the deceased party
- The parents of the deceased party, if they do not have a partner or child
- Siblings of the deceased, if there are no parents
- Closest surviving family member otherwise
If you’re living in a home with the individual and are a dependent, but you aren’t sure how well you fall into these areas, contact us. Our legal team can investigate your case to determine who might be responsible so we can build a strong claim for you. Even if you’re not sure, a free consultation can help answer all your questions and help you understand your rightful action after a Nevada wrongful death.
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Why You Should Hire an Attorney After a Fatal Accident
The loss of a loved one in an accident is an incredibly traumatic experience. Unfortunately, while you’re mourning the loss of your family member, you may also likely have to handle all paperwork and any other legal matters that are associated with a fatal accident.
The insurance companies for both parties may contact you frequently to try to settle out of court, and the police will likely investigate what happened during the accident. Funeral arrangements must also be made during this time. If you don’t have a dedicated Las Vegas wrongful death attorney by your side helping you through this process, it can all be very overwhelming.
A wrongful death claim puts a great deal of pressure on your shoulders as a surviving family member at one of the most challenging times of your life. When you put your trust in our team, you finally get the insights you need to build a strong claim. Let our legal team fight for you throughout this process.
A Las Vegas Wrongful Death Attorney Is Here for You in Your Time of Need
Grieving the sudden loss of a loved one can leave you feeling helpless. Shook & Stone Injury Lawyers can step in and provide you with support and guidance to give you some relief. We can handle everything for you throughout a wrongful death claim, including all the legal paperwork and filing, communicating with police and insurance companies on your behalf, gathering evidence, negotiating, and more. We can:
- Investigate your case to determine what happened. Our objective is to gather as much information as possible about your loved one’s death.
- Determine all parties who may be at fault. Using that information, our legal team can then pinpoint all parties responsible for the incident. In many situations, this may include more than one party.
- Calculate the claim value. This is done using numerous strategies to develop a clear understanding of the financial impact and suffering related to the death. We want to fight for the proper recovery of losses to the fullest extent of the law.
- File a claim and negotiate fair compensation. In many situations, we can negotiate a settlement with the insurance company of the at-fault party.
- Fight in a court of law. In situations where it is not possible to recover through a settlement, our experienced trial attorneys can head to court to build a strong claim for you.
With the guidance of a lawyer, you gain the insight necessary throughout this process. You can focus on your healing and grief while we put the hard work into building a strong claim for you. We expect to fight tirelessly for justice on behalf of your loved one. Talk to our attorneys today.
Wrongful Death Lawsuits Can Take Years
Legal matters of this nature can take a very long time, so you need the right Nevada wrongful death attorney in your corner from start to finish. Our attorneys have more than two decades of experience representing clients in fatal accident cases. We work with grieving families to make sure they are compensated and treated fairly throughout this difficult process. When you hire our team, you gain:
- Decades of experience on your side. Experience matters profusely in a wrongful death claim. Insurance companies may take advantage of you otherwise.
- A track record of success. Throughout our careers, our legal team has recovered millions of dollars in losses for our clients, and we put the same hard work into building your case.
- Exceptional reputation. Our legal team is recognized for its compassion, experience, and tireless advocacy for our clients.
With the guidance of our team, you gain the knowledge you need to build a strong claim. We cannot recover your loved one’s life, but we can fight for justice to the fullest level allowed under the law. Expect us to fight for you through this process.
Damages Recoverable in a Wrongful Death Claim in Las Vegas
Many times, family members may be unsure if they want to take on the process of filing a claim and trying to recover damages after a close family member’s death. However, Nevada provides this opportunity as a way to protect your rights and offset financial loss caused by another party’s actions. Some losses you may be able to recover include:
- Any medical expenses incurred by the decedent before they died, including emergency care after an accident and ongoing support
- The decedent’s lost wages and the loss of income your family has suffered
- Funeral and burial costs
- Loss of companionship and support for the spouse, children, or other family members
- Loss of benefits, financial support, and inheritance expected
- Pain and suffering experienced by your family and the decedent before their death
- Emotional trauma and grief
- Punitive damages for acts of gross negligence, if approved by the court
The losses you may be able to recover depend on what you and your deceased loved one have suffered. As we calculate the value of your losses, we take into account the cause of the accident, the severity of the losses incurred, future ramifications, and more to ensure that any settlement you receive accurately provides for your needs.
Defining the Time Limit or Statute of Limitations in Nevada
The time limit, or statute of limitations, for a wrongful death claim in Nevada is two years, as defined by NRS 11.190. While our wrongful death attorney in Las Vegas can pursue legal action quickly in such claims, we need as much time as possible to build a strong case for you. Do not wait to contact us to get the legal process started.
The amount of time it takes to gather evidence, establish negligence, and negotiate a fair settlement can add up and take longer than it may seem. Reaching out to a lawyer promptly is important so you can secure a successful outcome in your case. This also ensures you can collect as much evidence as possible before it becomes ineffective. Act quickly to avoid absorbing the cost of your losses yourself.
Legal Representation for Fatal Accident Victims’ Families and Loved Ones
Wrongful death cases can be sensitive, personal matters for families who have suffered because of another party’s negligence or recklessness. These cases can also be extremely complex because they involve insurance companies and legal procedures. Hiring an experienced Las Vegas wrongful death lawyer who has the education, training, and experience to handle your delicate case is highly beneficial.
When you are dealing with so much, from the tragic loss of a loved one to the legalities to the insurance companies, you need to make sure you have someone fighting for your family. Please call us today so we can assist you.
If you are seeking more information on wrongful death attorneys in Nevada or need additional assistance with any Nevada personal injury matter, feel free to contact our office. Shook & Stone Injury Lawyers has been helping accident victims for nearly 30 years, and our reviews & testimonials tell that story.
Set Up a Free Consultation with Shook & Stone Injury Lawyers Now
Victims who perish as a result of another person’s negligence do not have the voice that they deserve, but by filing a claim, you act as a voice for them. When you talk with our attorneys, you gain insight into whether you have a case, what it may be worth, and what we can do for you. There is no cost and no risk to you.
A Las Vegas wrongful death attorney at Shook & Stone Injury Lawyers has decades of experience helping clients in fatal accident cases. We handle all types of personal injury cases, including car accidents, motorcycle accidents, and defective products. We are ready to answer your questions about wrongful death in Nevada and fight for you. Schedule a free consultation today to get started.
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