In Nevada, the legal process to file a wrongful death case can be complex and emotionally challenging. Nevada wrongful death attorneys are well-versed in navigating this process, helping grieving families seek justice and compensation for their losses. Our dedicated attorneys provide invaluable support in pursuing claims against responsible parties and guiding families through the intricacies of the legal system during these difficult times.

Nothing is as unfair as a wrongful death. Suddenly, every plan, every goal, and every dream is gone forever. It’s hard to put a price on that kind of loss. However, our culture sees money as the standard definer of value; and as tacky as this sounds, the courts will assign a dollar figure to your loved one’s life.

The offer from the responsible insurance company is even tackier than the above. Their attempt to marginalize the value of your loved one with a token settlement will only reopen your wounds and make matters worse. You will feel there has to be an easier way to settle your loved one’s unjust passing.

There is – starting with one call to an experienced attorney at Ladah Law Firm: 702-252-0055.

Professionalism And Compassion

Ladah Law Firm, PLLC, understands your feelings and the challenges you will face as you seek the proper compensation for your loss. A Las Vegas wrongful death suit is not business as usual; unfortunately, it is still business. We take care of the unpleasant task of diving into the details of the case, assigning liability to the responsible party, and dealing with the insurance company that represents them.

We have the experience and knowledge to pursue a fair and just settlement for your losses. We seek to recover your costs for medical bills, funeral expenses, and other unforeseen financial consequences. If there is gross negligence, we will seek punitive damages over and above the damages awarded for a wrongful death case.

We involve you as much or as little as you prefer during this process. We can insulate you from any part of the process that makes you feel uncomfortable. Our goal is to achieve the resolution you are looking for. As our client, you will have our cell numbers so we can talk when you need to.

Resolution And Closure

We understand that most people never fully recover from a wrongful death in the family. However, as a detail-oriented law firm that has handled countless wrongful death cases in Las Vegas & Nevada, we make sure that we resolve every aspect of the case to your satisfaction. We make sure your settlement is fair and just and then help you close the door on the legal portion of this tragedy.

Las Vegas Wrongful Death Claims

A loved one’s life can be lost in the blink of an eye. In the event of an untimely fatal car accident, an accident involving an unforeseen hazard on public or private property, a doctor’s error, or an attack by a dog or other domestic animal, a victim’s family can suddenly find themselves facing substantial emotional and financial damages. When this happens, it can be easy to feel like you are attempting to navigate a world of chaos to try to make sense of death and determine how you will continue to live without your loved one.

We understand the difficult, sometimes even contradictory, feelings you can experience following a loved one’s death. Filing a wrongful death claim can be the furthest thing from your mind as you work to process your loved one’s death, but it is something you need to consider if the death was due to an accident. You can recover financial compensation for the damages you experience following a wrongful death accident.

Do not allow yourself and your family to struggle financially as well as emotionally at this time.

Common Causes of Wrongful Death in Las Vegas, NV

There are numerous reasons why wrongful deaths occur. Since every case is different, identifying the liable parties and pursuing justice for the victims and their families necessitates a careful investigation by legal experts.  Many factors can lead to unintentional deaths.

Any type of accident or negligence that can lead to a serious wrongful death lawsuit. At Ladah Law Firm, our Las Vegas wrongful death attorneys see many wrongful deaths. Some common causes of wrongful death in Las Vegas include:

  1. Automobile Accidents: One of the main causes of untimely death is collisions with cars, trucks, motorcycles, or other types of vehicles. Fatal accidents can be caused by a variety of factors, including driving while intoxicated, speeding, distracted driving, and reckless behavior.
  2. Medical Malpractice: Wrongful death can result from the carelessness or mistakes made by medical professionals, such as physicians, nurses, surgeons, or hospitals. Misdiagnosis, surgical errors, drug errors, and inadequate provision of medical care are a few examples.
  3. Workplace Accidents: Workplace accidents include electrocutions, falls from heights, industrial mishaps, and exposure to hazardous materials can all result in fatalities. To avoid these kinds of mishaps, employers are required to maintain a secure workplace and to follow safety guidelines.
  4. Defective Products: Inadequate warnings, poor manufacturing quality, and design flaws can all result in product defects that cause harm or even death. Defective products can be automobiles, appliances, consumer goods, medications, or medical equipment.
  5. Criminal Acts: Crimes like assault, homicide, domestic abuse, and other deliberate acts of violence can lead to wrongful deaths. In these situations, the death may be the result of the actions of the offender as well as possibly careless outside parties.
  6. Nursing Home Abuse: Inadequate care, abuse, or neglect can result in the untimely death of elderly residents of nursing homes or long-term care facilities. There may be deadly results if appropriate medical care, food, hydration, or supervision are not given.
  7. Pedestrian/Bicycle Accidents: Motor vehicle accidents involving pedestrians and cyclists can cause fatal injuries as a result of carelessness, distracted driving, failing to yield, or breaking traffic laws.

Wrongful death occurs when a person dies due to the negligence or misconduct of another. Unlike natural fatalities due to health or uncontrollable circumstances, wrongful deaths are sudden and caused by avoidable circumstances where someone is at fault.

This type of death differs significantly from others: it’s not natural, and there’s always an accountable party. According to the Centers for Disease Control and Prevention (CDC), accidents are one of Nevada’s leading causes of death. Below are some statistics about wrongful deaths:

  • Traffic accidents accounted for 291 fatalities in Nevada in 2014;
  • Medical malpractice causes 400,000 deaths nationwide each year;
  • Slip and fall deaths caused by hazardous conditions on property account for approximately 15 percent of accidental deaths reported in the United States; and
  • Animal attacks. In 2014, 42 victims died as a result of dog bites nationwide.

The Costs of Wrongful Death Cases and The Damages That Can Be Recovered

The costs of a wrongful death case can vary wildly depending on the type of accident that occurred, the victim’s income and earning potential, and the number of dependents affected by the death. With a wrongful death claim, a claimant can seek compensation for the following depending on his or her relationship to the deceased person. To determine which compensatory or punitive damages you are entitled to recover for wrongful death suits, speak with an experienced wrongful death attorney:

  • The loss of the victim’s income and benefits;
  • The loss of the victim’s companionship and guidance;
  • The loss of the victim’s projected income;
  • The loss of future inheritance from the victim;
  • Funeral expenses;
  • Medical expenses for the victim; and
  • Property damage that occurred in the accident.

Who is Liable in a Wrongful Death Claim?

When a victim dies in a preventable accident, the party whose negligence or reckless actions caused the accident to occur may be held liable for the death. Examples of negligent parties include:

  • A doctor who failed to diagnose an illness;
  • A vehicle manufacturer who sold a defective vehicle;
  • A property owner who failed to fence off a pool; and
  • A drunk driver.

To recover compensation through a wrongful death suit, the claimant must prove that the other involved party in the fatal accident was negligent. This can be done through surveillance footage of the accident, photographs of the accident scene, medical records, and testimonies from witnesses to the scene.

How to get to us From Las Vegas:

Basics of Las Vegas, Nevada Wrongful Death Law

Each state has its laws about personal injury and wrongful death claims. Although they are often similar from state to state, it is important to know the specific laws for your state before you file your wrongful death claim so you do not inadvertently file an invalid claim. In Nevada, the wrongful death statute of limitations is two years from the victim’s death.

To recover compensation from this type of claim, the claim must be filed within this time frame. Otherwise, the claim is not valid. In Nevada, personal injury protection (PIP) insurance is optional. It is sometimes called “no-fault” coverage because it can cover medical expenses and lost wages for its injured policyholder, regardless of whether he or she was at fault for the accident.

Nevada is a “fault” state for car accident claims, which means that when two or more motorists are involved in a collision, the injured motorist must file a personal injury claim with the negligent driver’s insurance provider, rather than going through his or her insurance provider. Drivers who opt for PIP coverage can opt to use this to cover their additional funeral and burial expenses after receiving compensation from a negligent party’s insurance provider. In the event of a death or an injury that leads to death following an auto accident, PIP coverage can be used to pay for the victim’s medical bills and funeral costs.

Nevada’s personal injury and wrongful death laws follow the doctrine of modified comparative fault with a 51 percent bar. This means that parties who were partially at fault for their accidents can seek monetary compensation for their damages, but only if they are deemed to hold 50 percent or less of the responsibility for their accident. When a victim is deemed to be less than 50 percent responsible for his or her accident, but still somewhat responsible, his or her total settlement amount is reduced according to the percentage of responsibility he or she holds.

For example, if two cars are involved in a collision because one driver failed to yield and the other was text messaging while driving, and the driver who failed to yield files a claim with the other driver’s insurance provider, the insurance provider might determine that the claimant holds 30 percent of the responsibility for the accident. In doing so, the claimant’s $100,000 claim may be reduced by 30 percent, making it possible to only recover up to $70,000 for his or her damages. This doctrine applies to all personal injury and wrongful death claims in Vegas.

Difference Between Negligence and Wrongful Death

Negligence and wrongful death are related legal concepts, but they refer to different aspects of a legal claim. Here’s a breakdown of the differences between negligence and wrongful death lawsuits:

  1. Negligence:
    Negligence is a legal concept that refers to the failure to exercise reasonable care in a particular situation, which leads to harm or injury to another person. It involves a breach of the duty of care that one person owes to another. In a negligence claim, the following elements must generally be proven:
    • Duty of Care: The defendant had a legal obligation to act reasonably to avoid causing harm to the plaintiff.
    • Breach of Duty: The defendant failed to uphold the duty of care by acting carelessly, recklessly, or in a manner inconsistent with what a reasonable person would do in similar circumstances.
    • Causation: The defendant’s breach of duty directly caused the harm or injury suffered by the plaintiff. The harm must be a foreseeable consequence of the defendant’s actions.
    • Damages: The plaintiff experienced actual damages (financial, physical, emotional, etc.) as a result of the defendant’s breach of duty.
  2. Negligence claims can apply to a wide range of situations, such as car accidents, medical malpractice, slip and fall incidents, and more.
  3. Wrongful Death:
    Wrongful death lawsuits are brought by the surviving family members or beneficiaries of an individual who has died as a result of someone else’s negligence, intentional actions, or misconduct. It is a specific type of personal injury claim that seeks compensation for the damages suffered by the deceased person’s loved ones due to the death. To establish a wrongful death claim, the following elements are typically required:
    • Death: The death of a person occurred.
    • Negligence or Wrongful Act: The death was caused by the negligence, recklessness, or intentional misconduct of another party.
    • Causation: The defendant’s actions were a substantial factor in causing the death.
    • Damages: The surviving family members or beneficiaries suffered financial, emotional, or other types of damages as a result of the death.
  4. Wrongful death claims can arise from a variety of situations, including fatal car accidents, medical malpractice resulting in death, workplace accidents, and more.

In essence, negligence is a broader legal concept that focuses on the failure to exercise reasonable care, leading to harm or injury. Wrongful death, on the other hand, specifically deals with cases where a person’s death was caused by another party’s negligence or intentional actions. Wrongful death claims are a subset of negligence claims, addressing the specific scenario of a fatal outcome due to negligence.

How We Deal With Wrongful Death Lawsuits

As wrongful death lawsuit attorneys, it is our job to help our clients recover the monetary compensation they need for their expenses following the loss of a loved one to an accident. This can be a complicated process.

The first thing we do for our clients is analyze all circumstances involved in a case to create a realistic timeline for the claim’s resolution. Some claims are fairly straightforward and can be resolved within a few weeks or months while others require lengthy investigations and negotiations and take much longer to resolve. When a client is grieving, having a timeline and set investigations can be a way to make the wrongful death claim process easier to handle.

An investigation of a claim refers to the gathering of all relevant evidence. In a wrongful death claim, the following must be proven:

  • The negligent party had a responsibility to prevent an accident, even if that responsibility was simple, such as the responsibility to obey the posted speed limit;
  • The negligent party breached this responsibility;
  • The breach directly caused the accident that led to the death, either instantly or eventually; and
  • The death directly caused the victim to suffer the damages for which he or she is seeking compensation.

Gathering evidence can require us to track down witnesses to the accident to interview them. It can also require us to work with the victim’s doctors to obtain their medical opinions about the victim’s injury and death and how the accident caused these injuries. We might also have to work with our professional network to develop evidence, such as a digital reconstruction of the accident from an accident reconstruction specialist.

We also handle all negotiations with insurance providers. Insurance companies often initially offer the lowest settlement amount they think the victim’s family will accept, which can be far less money than they need. We understand the wrongful death lawsuit process and all the damages a family can face and with this knowledge, negotiate appropriate settlements for our clients.

Why Choose Ladah Law Firm To Handle Your Wrongful Death Lawsuit?

Don’t go alone – we know how the insurance companies work. Our team has substantial experience working with the loved ones of individuals lost to accidents caused by recklessness and negligence. We dedicate ourselves to our clients’ cases 100 percent, and if you do not receive a settlement, you do not have to pay us.

Our wrongful death lawyers handle every wrongful death claim with compassion while working hard to get the claimants fair settlements to cover their damages. A few previous wrongful death lawsuit successes our firm has had include:

Work with Our Team of Experienced Las Vegas Wrongful Death Attorneys

When you are working through the emotions following the loss of a loved one and adjusting to a new reality for yourself and your family members, an experienced wrongful death lawyer in Las Vegas can guide you through the legal aspects when you need to file a wrongful death claim and obtain monetary compensation for the financial damages associated with your loss. Get in touch with Ladah Law Firm, PLLC today to start working with an attorney who understands these situations and can answer all of your questions surrounding a wrongful death lawsuit and advise you as you navigate this difficult process.

Contact our firm today or call 702-252-0055 to schedule your free initial consultation with our Las Vegas wrongful death lawyers. We are on your side and will do all that we can to help you file a wrongful death lawsuit and get the money you deserve.

Other Wrongful Death Resources

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Common Wrongful Death FAQs

What is the first thing I should do after a wrongful death?

Naturally, after the death of a loved one, you will be in a lot of grief. It is perfectly natural not to want to think about a lawsuit to hold someone accountable for this death. Nevertheless, you will need to start building a case if you hope to receive compensation, and the sooner you start, the better.

At Ladah Law Firm, we do not advise clients to try to act as private investigators. Chances are, you will not know what evidence to find, and might even make things harder on yourself, especially if you inadvertently destroy evidence. You also should spend your time with your family. For these reasons, we recommend that you do the following:

Write down what you know about the circumstances surrounding your loved one’s death. You might not know anything, which is fine. All you might know is that the police have called and said your loved one died in a drunk driving accident. However, if you saw something, then write down your memories of what happened. For example, if your loved one died in a hospital, you might be aware of the treatment he or she received.

Next, reach out to an experienced wrongful death attorney at Ladah Law for help. A lawyer will know what evidence to find.

What is the difference between a criminal and civil case for a wrongful death lawsuit?

First of all, a criminal case is different from a civil case. In some situations, a defendant’s act is both a crime and a civil wrong, called a “tort.” In other situations, it might only be a tort.

The prosecutor is responsible for enforcing criminal laws. A civil wrongful death lawsuit must be enforced by the loved one’s surviving family members. Both cases can be going on at the same time.

For another reason, some conduct that is a civil wrong is not a crime. For example, a person who carelessly backed out of their driveway without checking their rearview mirror has been negligent but probably not criminally negligent. This means they can be held responsible for a wrongful death but probably not for murder or manslaughter.

Can the defendant get sent to jail if guilty for causing a wrongful death?

No. The primary purpose of a wrongful death lawsuit is to provide compensation to surviving family members. At the same time, however, Nevada law allows you to recover exemplary damages, also called “punitive damages,” in some situations. For example, if the defendant intentionally killed your loved one, they might have to pay punitive damages. These damages are meant to punish the defendant by deterring future wrongful conduct.

So although you cannot send a defendant to jail, you can still punish them just the same.

How does a lawyer calculate the value of my losses for a wrongful death claim?

It will depend on the loss. For example, you can be reimbursed for any money spent on a funeral and burial. You should have receipts for these expenses.

Also, Nevada law allows for the recovery of lost wages and benefits. To calculate the amount your loved one would have earned, an attorney can look at pay stubs, W-2 forms, and proof of self-employment income. These documents will allow for a reasonable estimate of the amount you have lost.

But when it comes to loss of companionship and affection, it is very difficult to put a dollar value on them. Nevertheless, a jury will be asked to use their experience and common sense to come up with a number if they find the defendant responsible for the death. At Ladah Law, we can also use our experience to estimate the amount a jury is likely to be aware of these intangible losses.

Will I Have to Testify For a Loved One’s Wrongful Death Case?

Many people are understandably nervous about testifying at trial and want to avoid it. Nevertheless, you likely need to testify for a couple of reasons:

  • You might have relevant information about your loved one’s death. For example, if he or she died during surgery, you might have spoken to the doctor and know information about the medical treatment your loved one received.
  • You need to establish the value of your non-economic losses, such as the loss of companionship and care. This requires that you offer some testimony about your relationship with your loved one.

By working with experienced attorneys, you can make the process of testifying easier. Also, an experienced Las Vegas wrongful death attorney can help settle the case before a trial is even necessary, which will guarantee you some money without the stress of trial.

What Steps Do I Need to Take After Losing a Loved One in a Car Accident?

Losing a loved one in a fatal car accident can be paralyzing, and doing anything in the immediate aftermath can feel completely impossible. When you call our law firm, we can provide you with the legal support you need. Here are some things to do immediately after the car accident (note, some of the following may only sound relevant if you are at the accident scene–even if you are not at the accident scene, though, all of the following are important and need to be completed at some point):

Report the accident to the police. If an accident is fatal, there is no doubt that it will be reported to the police. Make sure that you request a copy of the police report for your records, as this will be essential when bringing forth a claim.
Gather evidence. If you can gather any evidence, be sure to do so. This might include photos of the accident scene, eyewitnesses’ names and contact information, etc. The sooner that you call our law firm, the sooner we can open an investigation into your case.

Report the accident to an insurance company immediately. When a person dies or is severely harmed in a car accident, the insurance company needs to know so that it can open its investigation into the case as soon as possible. An insurance company can deny a claim when it is not provided proper notice.

Hire a car accident attorney as soon as possible. When you are grieving the death of a loved one, the logistics of preparing for a wrongful death car accident claim are not something that you should have to face alone. For the help and support that you need, be sure to call a car accident attorney as soon as possible.

What Is a Car Accident Wrongful Death Claim?

When a loved one dies in a car accident, a cause of action for a car accident wrongful death claim may exist. A car accident wrongful death claim is a type of civil suit in which a plaintiff seeks to hold a defendant liable for the death of another party. These types of claims are similar to personal injury claims, but for the fact that the victim is deceased and therefore unable to bring for the claim on their own. If the negligent, wrongful, or reckless conduct of one party leads to the death of another, a cause of action for a wrongful death claim exists.

Types of negligence or reckless conduct that can lead to fatal car accidents, and therefore which may give way from a wrongful death claim, include things such as speeding, driving too fast for conditions, driving aggressively, performing illegal lane changes or other illegal maneuvers, driving intoxicated or fatigued, running a red light, etc.

Who Can File a Wrongful Death Claim?

If a loved one has died in a fatal car accident in Vegas, you may be unable to file a wrongful death claim for damages unless you have a specific relationship with the victim. To be sure, in Las Vegas, the only parties who are allowed to file a wrongful death claim include the personal representative of the decedent’s estate (usually named in the decedent’s will or appointed by the court), the surviving spouse of the deceased, the surviving domestic partner of the deceased, the children of the deceased, or the parents of the deceased person if there is no surviving spouse or child.

Sometimes, other people are allowed to file a wrongful death claim, even if they didn’t have one of the relationships with the decedent specified above if they can demonstrate to the court that they were dependent on the deceased person at the time of their death.

If My Pet Died During an Accident Can It Qualify As a Wrongful Death?

Pet ownership is important to many families in Clark County and throughout the state of Nevada. According to a recent survey conducted by the Center for Research and Design Analysis (CRDA), approximately 65 percent of Nevada households own either a cat or a dog. For pet owners, their little furry friend quickly becomes a member of the family. In the unfortunate event that something happens to your pet, it can be truly devastating. If your pet has been injured in an accident in Nevada, you must have a full understanding of your legal rights and options.

The following is a list of three of the most common questions we get about pet accidents and deaths caused by negligence. Unfortunately, Nevada’s wrongful death law applies only to humans. Therefore, there are no options available under this specific statute. However, that does not mean that you are without legal rights. Nevada has an alternative law that does provide some (more limited) legal rights for pet owners whose animals have died in an accident.