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Overview of Wrongful Death in Nevada
In Nevada, wrongful death claims arise when a person dies due to the negligence or wrongful act of another.
Surviving family members can file a wrongful death claim to seek financial compensation for wrongful death damages, such as:
- Medical bills incurred before the deceased's death
- Lost wages
- Loss of services
- Emotional distress
- Funeral Expenses
- Burial Expenses
- Punitive damages
Eligible plaintiffs for a wrongful death claim include spouses, children, parents, and estate representatives.
Dealing with wrongful death cases can be complex, so it's highly recommended to schedule a free consultation with an experienced wrongful death attorney from the Rodney Okano Car Accident Lawyer Law Firm who can help you and your family recover compensation.
Legal Definition and Scope
Wrongful death in Nevada occurs when a person's death is caused by the wrongful, negligent, or intentional actions of another.
To file a wrongful death claim, you must prove that there was a legal duty owed to the deceased, a breach of that duty through unreasonable actions or inaction, and that the breach of duty directly resulted in harm to the deceased, leading to death.
Under Nevada law, most family members have the ability to file a wrongful death lawsuit; however, some have priority over others depending on their relationship to the deceased person.
To learn who may be able to take legal action in your family after a tragic loss, schedule a free consultation with our experienced wrongful death attorneys.
Statute of Limitations for Filing a Nevada Wrongful Death Claim
According to NRS 41.085, when someone's death is caused by the wrongful act or neglect of another, their heirs and personal representatives can file a wrongful death lawsuit for damages. However, there is a two-year time limit from the date of wrongful death to file a wrongful death lawsuit, emphasizing the importance of seeking legal advice promptly.
Motor Vehicle Accidents
Motor vehicle accidents are a leading cause of wrongful death in Nevada. These incidents often result from driver negligence, such as distracted driving, speeding, or being under the influence.
Various types of crashes, including car, truck, motorcycle, bicycle, and pedestrian accidents, can lead to fatal outcomes.
To hold the responsible party accountable for wrongful acts, contact a Las Vegas wrongful death attorney from the Rodney Okano Car Accident Lawyer Law Firm today.
Drunk Driving
Driving under the influence of alcohol or drugs severely endangers everyone on the road. When a negligent driver makes this choice, they put not only themselves but also innocent people at risk.
This irresponsible behavior can lead to tragic outcomes that leave surviving family members struggling with grief, legal complexities, and wrongful death claims.
Speeding and Reckless Driving
Speeding and reckless driving put everyone on the road at risk. When you drive faster than the speed limit or engage in aggressive maneuvers like tailgating or weaving through traffic, you reduce your reaction time and increase the chance of a car accident.
Depending on circumstances such as speed and impact locations, reckless driving can result in fatal accidents.
Medical Malpractice
Medical malpractice occurs when healthcare providers fail to meet the standard of care, resulting in a patient's wrongful death.
Common examples include medical errors such as:
- Misdiagnosis
- Surgical errors
- Medication mistakes
- Defective medical devices
- Birth injuries during pregnancy or delivery
Identifying the negligent parties accountable for the medical error is a crucial step in pursuing justice for wrongful deaths caused by medical malpractice.
Surgical Errors and Misdiagnosis
Surgical mistakes and misdiagnoses are serious issues that can lead to fatal outcomes and wrongful death cases.
During surgery, errors like operating on the wrong body part or leaving objects inside a patient can lead to life-threatening consequences.
Similarly, failing to diagnose a condition correctly can prevent timely treatment, leading to severe consequences for the patient and family members. Healthcare providers are expected to adhere to high standards of care and face the potential of a wrongful death lawsuit if they don't.
Prescription Drug Mistakes and Negligence
Prescription drug mistakes can lead to civil and criminal charges if a doctor or pharmacist makes an error or intentional decision in prescribing or dispensing medication.
Common medication errors include incorrect dosages, wrong medications, or overlooking allergies. These mistakes can have serious consequences, leading to severe illness or even death.
If you suspect prescription drug negligence caused harm to a family member, it's important to speak with our Nevada attorneys to learn how you can seek compensation.
Premises Liability Incidents
Unsafe property conditions can lead to serious injuries and fatalities. Owners in Nevada must maintain safe environments for visitors, customers, and tenants.
Common premises liability issues include slip and fall accidents due to hazards like slippery floors or broken staircases, negligent security that fails to protect against assaults, drowning incidents from unsecured pools, and defective equipment causing injuries.
If these conditions result in a fatality, responsible parties can be held liable for wrongful death and punitive damages.
Slip, Trip, and Fall Hazards
Slippery floors, broken stairs, and icy walkways can lead to serious accidents. To stay safe:
- Watch for wet or uneven surfaces
- Use handrails on staircases
- Report hazards to property owners immediately
Inadequate Security and Criminal Activity
When property owners do not provide enough security measures, such as proper lighting, functioning locks, or security personnel, visitors become vulnerable to violent crimes.
This negligence by the property owner can lead to serious injuries or death, making the owner liable for any wrongful death claims that may arise.
Product Liability Claims
Product liability claims allow you to seek financial recovery if a defective product directly caused injury or death. You may have grounds for a wrongful death claim if a flaw in the design, manufacturing process, or inadequate warnings led to harm.
Product liability cases do not require proving the liability of the manufacturer, seller, or any other entity involved in bringing the product to market, but only that their defective products resulted in death or harm.
Manufacturing Flaws and Defects
When a product has manufacturing flaws, it can cause serious harm to users, especially if it's something like a defective vehicle or airbag.
Common examples include faulty parts or assembly mistakes that make the final product dangerous.
Failure to Warn and Recall Violations
If a product is found to be dangerous after it has been sold, manufacturers have an obligation to warn consumers about potential risks and may need to recall the product to ensure the safety of its consumers.
When they fail to do so, they can be held responsible for any harm caused.
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Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
