If you have lost a loved one due to the negligence or wrongful actions of another person or company in Nevada, you may have grounds to file a wrongful death claim. This can be an overwhelming and emotional process, but the attorneys at Karns & Karns Personal Injury and Accident Attorneys are here to guide you through every step.
What is a Wrongful Death Claim?
A wrongful death claim when someone is killed due to the legal fault of another person or entity. The purpose of the lawsuit is to hold the at-fault party financially accountable for their negligent or intentional actions.
In Nevada, the surviving family members (such as a spouse, children, parents, or siblings) are able to file a wrongful death lawsuit against the responsible party within two years of their loved one’s death. This includes cases where the death was caused by:
- Car, truck, motorcycle, or any motor vehicle accident
- Defective products
- Medical malpractice
- Nursing home abuse or negligence
- Workplace accidents
- Dangerous premises
The at-fault party may be an individual, a corporation, a government entity, or any legally liable person or organization. The surviving family members can recover financial compensation for the damages suffered due to the death of their loved one.
Common Causes of Wrongful Death in Nevada
While no amount of money can make up for the tragic loss of a loved one, a wrongful death lawsuit allows families to hold negligent parties legally and financially accountable. According to recent statistics, the most common causes of wrongful death claims in Nevada include:
- Motor Vehicle Accidents – There were over 44,500 motor vehicle accident deaths in the U.S. last year. Reckless driving behaviors like drunk driving, distracted driving, and speeding often contribute to these preventable accidents.
- Fall Accidents – With over 44,600 fatal falls nationwide, slip and fall accidents are a leading cause of accidental deaths in Nevada. Property owners are required to maintain safe conditions to prevent slip and trips.
- Medical Malpractice – Doctor mistakes, surgical errors, misdiagnoses, lack of informed consent, and medication errors are some examples of medical malpractice that may result in a wrongful death.
- Workplace Accidents – Employers have a legal duty to provide safe working conditions. Wrongful death claims may arise from industrial accidents, construction accidents, electrocutions, and other preventable workplace fatalities.
- Nursing Home Abuse or Neglect – When a nursing home fails to provide adequate care and supervision, resulting in a resident’s death, the facility may be held liable through a wrongful death claim.
- Dangerous or Defective Products – If a defective product causes death, the manufacturers, suppliers, and retailers can be held responsible. Some examples include auto defects, dangerous drugs, child products, and defective medical devices.
- Premises Liability – Property owners have a responsibility to protect visitors through proper maintenance and repair. A wrongful death claim may be filed if poor security or unsafe property conditions result in a wrongful death.
Who Can File a Wrongful Death Claim in Nevada?
Under Nevada law, the following surviving family members are eligible to become plaintiffs in a wrongful death lawsuit:
- The deceased person’s spouse
- The deceased person’s children
- The deceased person’s parents
- Any person entitled to inherit the deceased’s property under Nevada’s law of succession (such as siblings, grandparents, or other close relatives)
If the deceased person does not have any of these family members, a wrongful death claim can be filed by the legal representative of the deceased person’s estate.
It is important to note that only one wrongful death action can proceed to court. If multiple eligible family members wish to file a claim, they need to come to an agreement on which person will serve as the plaintiff. The wrongful death attorney you choose may advise consolidating into one strong lawsuit.
What Damages Can Be Recovered?
There are several types of compensatory damages that the family members can pursue through a Nevada wrongful death claim. With the dedicated legal guidance of a wrongful death attorney Henderson NV, families can recover damages such as:
- Funeral and burial expenses
- Loss of financial support the deceased would have contributed to their family
- Loss of household services the deceased would have provided
- Loss of companionship, comfort, affection, and guidance
- Pre-judgment interest on damages
- Reasonable attorney’s fees
Punitive damages may also be pursued in cases where the liable party’s actions were exceptionally reckless or intentional. Punitive damages aim to punish the defendant, rather than simply compensate the victims.
The Challenges of Calculating Wrongful Death Damages
Putting a dollar figure on the value of a human life and the immense grief of losing a beloved family member is complex and challenging. The lawyers at our firm have extensive experience calculating and negotiating the full scope of wrongful death damages.
Factors that influence the damages may include:
- The deceased victim’s age, earnings and earning capacity, health, and life expectancy
- The nature of the relationship between the deceased and each family member
- The pain, suffering, loss of companionship, grief, depression and anguish of the family members
- Impact on the quality of life and daily activities of the family members
- Future education costs for any surviving minor children
- Expected inheritance for surviving beneficiaries
- Medical and funeral expenses
An experienced Henderson wrongful death lawyer can determine a full and fair damages amount to hold the negligent parties accountable.
Why Hire Karns & Karns Personal Injury and Accident Attorneys for Your Nevada Wrongful Death Claim
The seasoned wrongful death attorneys at our firm understand this is an incredibly difficult experience for grieving families. We provide strong legal representation while treating each client with sensitivity and understanding. With decades of combined experience, we have an impressive track record of success in securing maximum compensation in these emotionally fraught cases.
At Karns & Karns Personal Injury and Accident Attorneys, our top priority is pursuing justice and providing financial resources to help your family move forward. Don’t shoulder the burden alone. Contact our knowledgeable legal team today to start discussing your wrongful death claim in Nevada. We vow to aggressively pursue maximum compensation while providing support during this challenging time.
Call now at 800-4THE-WIN (800-484-3946).
