Wrongful Death Lawyer
When someone you care about is taken away from you, you want to know why, how you can reverse it, and how you can find relief. Unfortunately, some solutions and answers are easier to find than others. As the heir or personal representative of someone who died as a result of another’s wrongdoing, you have legal options for obtaining financial compensation. Money can’t fix tragedy, but it’s critical that negligent and wrongful actors be held accountable.
If you have experienced a personal tragedy, we are deeply sorry for any loss you have endured. Accidents Vegas can help you get relief. Our personal injury firm specializes in assisting victims of others’ negligence and misconduct to recover damages in civil court.
How Frequently Does Someone in the United States Die Due to Another Person's Actions or Negligence?
Diseases and other illnesses account for a significant portion of the leading causes of death in the US. However, a significant number of Americans die each year at the hands of others. If your loved one died at the hands of another, you may have several legal options for seeking justice. A civil option is to file a wrongful death lawsuit. You may file a wrongful death lawsuit against the person who committed a crime against your loved one. You may also file a wrongful death lawsuit against someone who was negligent towards your loved one.
United States Homicide Statistics
According to the Centers for Disease Control and Prevention, 24,576 people died by homicide in the United States in 2020. Grieving families of homicide victims can seek justice through criminal prosecution alone. These families can also file wrongful death lawsuits in civil court.
Statistics on Unintentional Injuries in the United States
Unintentional injuries are the leading cause of death in this country. According to the Centers for Disease Control and Prevention, unintentional injuries were the fourth leading cause of death in the United States in 2020. In 2020, there were 200,955 deaths from unintentional injuries in the United States.
- 42,114 were unintentional falls,
- 40,698 were motor vehicle traffic deaths, and
- 87,404 were unintentional poisoning deaths.
Unfortunately, we can safely assume that many of these fatalities could have been avoided if third parties had been more cautious and vigilant.
In many cases, someone who causes an unintentional, fatal injury to a loved one is not charged with a criminal offense. Furthermore, the standard for convicting someone of a criminal offense is far higher than the standard for holding a wrongdoer accountable in civil court.
If your loved one died as a result of an unintentional injury, filing a wrongful death lawsuit may be your best (or only) legal option for pursuing justice against the perpetrator. We can’t change the past, but a good lawyer can help grieving families hold wrongful actors accountable. Las Vegas wrongful death attorneys can help grieving parties file wrongful death lawsuits and maximize their legal recoveries.
What is a Wrongful Death Claim?
Personal tragedies have long-term consequences for grieving families. Many people require legal assistance to deal with the aftermath of their personal tragedies, and wrongful death lawsuits can help.
A wrongful death lawsuit is a civil action in which certain individuals can sue someone whose negligence or wrongful acts caused the death of another. In a wrongful death lawsuit, the defendant’s actions do not have to be criminal. The law recognizes that people who cause pain to others through unreasonable actions must be held accountable, even if they did not act with criminal intent.
Who Is Eligible to File a Wrongful Death Lawsuit?
According to Nevada Revised Statute (NRS) 41.085, only heirs and personal representatives of a deceased person (or “decedent”) may file a wrongful death lawsuit. These two groups have precise definitions under Nevada law, so let’s go over them in detail.
Personal Representatives
A personal representative is in charge of administering, dividing, and closing a decedent’s estate after their death. Someone who qualifies under state rules can serve as a personal representative if they are named in the decedent’s will or are appointed. Personal representatives of the decedent’s estate have the authority to sue those who negligently or wrongfully caused the decedent’s death.
Heirs
An heir in a wrongful death lawsuit is anyone who could have inherited from the decedent’s estate if the decedent did not leave a will. Heirs vary according to the composition of the decedent’s family. According to NRS 134.040 through 134.120, the following individuals are heirs in the following scenarios:
- If the decedent has a surviving spouse and children, they are heirs.
- If the decedent has a surviving spouse and children who have passed away, the spouse, the living children (if any), and the deceased children’s offspring (if any) are heirs.
- If the decedent has a surviving spouse but no children, the spouse and the parents are heirs.
- If the decedent has a surviving spouse but no children or surviving parents, then the spouse and the decedent’s siblings are heirs.
- If the decedent has a surviving spouse but no children, offspring of children, surviving parents, or siblings, the surviving spouse is the sole heir.
- In the absence of a surviving spouse or children, the decedent’s parents are the heirs.
- If the decedent has living siblings but no surviving spouse, children, or parents, the siblings are the heirs.
- If the decedent has deceased siblings but does not have a surviving spouse, children, or surviving parents, the deceased siblings’ offspring are heirs.
- If the decedent has no living siblings, surviving parents, surviving spouse, or children, the next of kin are the heirs.
- If the decedent dies without a surviving spouse but leaves children, the children become heirs.
Determining who is and is not an heir in a wrongful death case can be difficult. If you are grieving the loss of a loved one and are unsure whether you have standing to file a wrongful death suit, consult with a Las Vegas wrongful death attorney about your options.
What Compensation Can Be Recovered in a Wrongful Death Lawsuit?
Your incredible loss cannot be quantified in dollars, but pursuing compensation in a wrongful death lawsuit is one way to hold wrongdoers accountable. The financial award you can receive in a wrongful death lawsuit is intended to cover and mitigate your losses in a number of ways. The types of damages you can recover vary depending on whether you are an heir or a personal representative of the deceased. Whether you are a representative or an heir, experienced wrongful death attorneys in Las Vegas can determine how much your case is likely to be worth legally.
Compensation Available to Heirs
When you’re grieving the death of a loved one, money isn’t the first thing on your mind. Family tragedy can cause not only emotional distress but also financial hardship. You should be compensated for the pain and strain. If you are an heir filing a wrongful death lawsuit, you may recover damages for:
- Your grief or sorrow
- Your loss of possible support from the deceased,
- Your loss of companionship with the deceased,
- Your loss of society from the deceased
- Your loss of comfort and companionship from the deceased,
- Decedents may experience pain, suffering, or disfigurement.
Creditors of the decedent’s estate cannot deduct money from an heir’s wrongful death award to pay the decedent’s debt(s).
Compensation Personal Representatives Can Seek
If you are the personal representative of someone’s estate and you are suing for wrongful death, you can receive the following damages for the decedent’s estate:
- Medical expenses,
- Funeral expenses,
- Punitive damages, and
- Other penalties to which the decedent would have been entitled.
Creditors of the decedent’s estate may use the proceeds from a personal representative’s wrongful death award to pay the decedent’s debt(s).
Heirs and personal representatives who want to sue for the same decedent’s wrongful death can do so together in court. If you have any questions about this option or whether it is right for you, you should consult with a wrongful death attorney.
Who Can Be Held Legally Responsible for a Wrongful Death?
In a wrongful death lawsuit, the person whose negligence or misconduct caused the death of your loved one is held responsible. However, the wrongdoer isn’t always the sole responsible party. What happens if the negligent or wrongful actor lacks the resources to adequately compensate you? What if they’ve also died? The law allows you to recover from others responsible for the wrongful act, including
- The responsible parties include the wrongful actor’s personal representative (if deceased),
- Their employer (if applicable), and
- Their employer’s personal representative (if still alive).
Filing your wrongful death lawsuit against the appropriate defendants is critical to the viability of your case and your ability to receive fair compensation.
Defendants who are liable in a wrongful death case can come from anywhere and be anyone. You may have a wrongful death claim against someone who was:
- A careless driver,
- A negligent doctor,
- An inept general contractor,
- An unqualified caretaker,
- An irresponsible pet owner, or
- A reckless individual.
The responsible party or parties could be anyone, but you need to make sure you identify the correct people. Filing a wrongful death lawsuit against the wrong person can waste your time and money. Filing a wrongful death lawsuit against the wrong person may also jeopardize your chances for legal redress. It is best to consult with Las Vegas wrongful death lawyers to ensure that you file your lawsuit against the appropriate parties.
The Deadline for Filing a Wrongful Death Lawsuit
Mourning after a tragedy is a deeply personal experience that requires time. However, if you’re thinking about filing a lawsuit and want to know when to hire a wrongful death lawyer, the best time is as soon as possible. NRS 11.190 typically allows you only two years to file a wrongful death lawsuit. When dealing with a devastating loss, time can move quickly, but an attorney can meet your important case deadlines and maximize your recovery.
Steps to Take When Preparing for a Wrongful Death Lawsuit
The best way to prepare for a wrongful death lawsuit is to speak with an experienced wrongful death attorney. To prepare for an initial consultation with an attorney, gather the following information:
- Detailed notes about how your life has changed since the decedent passed
- Invoices for funeral expenses,
- All the decedent’s associated medical bills,
- Medical reports concerning the decedent’s fatal injury,
- Police reports on the fatal incident,
- Witness statements regarding the fatal incident,
- The decedent’s financial and wage statements, and
- Statements indicating financial assistance provided by the decedent to you or your family.
You should also gather this information as soon as possible, whether or not you decide to hire counsel.
We understand if you are unsure whether you want to pursue legal action after a loved one dies. Talking through the situation with an attorney can help you clarify your goals and protect your rights if you decide to file a lawsuit.
You Don't Have to Navigate Grief on Your Own
Support is one of the most important things for many people in mourning. At Accidents Vegas, we provide our clients with one-on-one attention that they do not typically receive in larger firm settings. We have experienced wrongful death attorneys on our team who are motivated by a sense of justice and a desire to use their legal skills to benefit the Nevada community. We have recovered hundreds of thousands of dollars to more than a million dollars for victims of others’ negligence. If you are experiencing a tragedy, we can serve as your advocate, champion, and supporter. There is no pressure. We can begin with a simple discussion about your needs. To schedule a free consultation, please call (855) 405-3425 or contact us online.
