Las Vegas Wrongful Death Lawyer

What Is a Wrongful Death Claim

A wrongful death claim is a legal action taken by the surviving family members or representatives of a deceased individual against a party whose negligence caused the death.

In Nevada, the wrongful death statute is outlined in NRS 41.085, which states that wrongful death occurs when a person dies from the wrongful actions or neglect of another party.

To understand if you have a valid Las Vegas wrongful death claim, contact one of our skilled wrongful death lawyers today by calling (702) 566-3600.

Statute of Limitations for Wrongful Death Claims in Nevada

The Nevada statute of limitations for filing a wrongful death claim is two years from the date of the wrongful death, according to NRS 11.190(4)(e).

If you or a family member fails to file a wrongful death claim within the two-year time limit, the court will likely dismiss the case, and you or the estate will lose the legal right to seek compensation from the at-fault party.

Due to this legal deadline, it's crucial that you contact an experienced wrongful death attorney immediately to begin your case.

Exceptions to Nevada’s Wrongful Death Statute of Limitations

While the two-year limit typically applies to all wrongful death cases, there are exceptions where the legal deadline may be extended, including:

• Discovery Rule: In the event that the cause of a person's death is not immediately apparent, such as in medical malpractice cases, the statute of limitations may not start on the person's death but when the cause of death is discovered.
• Wrongful Death Claims Involving Minors: If the deceased person is a minor, additional time may be given to file a claim until they reach adulthood.
• Criminal Cases: If the wrongful death was caused by a criminal act such as a homicide, the criminal case, while unlikely, may toll the civil lawsuit's statute of limitations.

How Do You Win a Wrongful Death Lawsuit?

The legal process for winning a wrongful death lawsuit can be a complicated process that may require help from Nevada wrongful death lawyers.

However, regardless of the potential complexities, understanding the process of winning a wrongful death claim is crucial to ensuring a fair settlement.

Establish the Four Key Elements

Winning a wrongful death claim will require you to prove the following four elements:

1. Duty of Care: You must prove that the defendant owed the deceased a legal duty of care. This means you must prove that the defendant had a responsibility to act in a safe and reasonable manner.
2. Breach of Duty: After proving a duty of care, you must now prove that the defendant breached this duty of care by acting negligently, recklessly, or intentionally.
3. Causation: A direct link between the defendant's actions and the person's death must be established. This stage could require substantial evidence or expert testimony.
4. Damages: To obtain financial compensation, you must prove losses you believe the wrongful death caused.

Collect Substantial Evidence

To ensure a strong and winning case, you'll need to gather substantial evidence to support your claims; this evidence can include:

• Police reports
• Medical records
• Witness statements
• Expert statements
• Surveillance footage

Having a Las Vegas wrongful death attorney assist you in collecting evidence can ensure a smoother, faster, and more complete process.

Hire a Las Vegas Wrongful Death Lawyer

If you face trouble proving fault, problems with the insurance companies, or have a more complex wrongful death case, such as one involving medical malpractice, it's highly recommended to contact a Las Vegas wrongful death lawyer.

As Las Vegas personal injury attorneys can provide needed help in:

• Collecting evidence
• Building a strong case
• Negotiations with the insurance company and the opposing party
• Representation in court

If you have recently lost a family member due to someone else's negligent actions and wish to speak with an experienced Nevada wrongful death attorney, call (702) 566-3600 today to schedule a free consultation with Attorney Rodney Okano.

How Are Wrongful Death Settlements Distributed?

In Nevada, a wrongful death settlement is typically distributed among the deceased's heirs and estate.

What Parts of the Settlement Goes to the Deceased's Heirs

The heirs of the deceased will receive their portion of the settlement for losses such as:

• Loss financial support
• Loss of companionship, love, and emotional support
• Pain and suffering resulting from the loss

The settlement for these losses will be divided among the surviving spouse, children, and parents, with the settlement amount received depending on the level of dependency the person had with the deceased.

What Parts of the Settlement Goes to the Deceased's Estate

When the deceased's estate receives their portion of the settlement, it will be used on damages such as:

• Medical expenses before death
• Funeral costs
• Lost income and earning capacity

In addition, the settlement the estate receives can be used to settle any debts, expenses, or obligations the person had before passing.

Once the deceased's debts are paid, all remaining funds will be distributed among the heirs according to the deceased's will or Nevada's intestacy laws, which are outlined in NRS Chapter 134.