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.
Even tackier than the above, is the offer from the responsible insurance company. 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: 702-252-0055.
The Ladah Law Firm, PLLC, understands your feelings and the challenges you will face as you seek for 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 for punitive damages over and above the damages awarded for the wrongful death.
During this process, we involve you as much or as little as you prefer. 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.
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 Las Vegas & Nevada wrongful death cases, 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.
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 are attempting to navigate a world of chaos to try to make sense of the 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 monetary compensation for the damages you experience following a death. Do not allow yourself and your family to struggle financially as well as emotionally at this time.
Any type of accident or negligence can lead to a wrongful death. These include the following:
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 a wrongful death 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. To determine which you are entitled to recover, 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;
Medical expenses for the victim; and
Property damage that occurred in the accident.
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 that sold a defective vehicle;
A property owner who failed to fence off a pool; and
A drunk driver.
In order to recover compensation through a wrongful death claim, the claimant must prove that the other involved party 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.
Each state has its own laws pertaining to personal injury and wrongful death claims. Although they are often similar from state to state, it is important that you 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 statute of limitations for a wrongful death claim is two years from the victim’s death. In order to recover monetary 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 be used to 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 own insurance provider. Drivers who opt for PIP coverage can opt to go use this to cover their additional 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 and funeral expenses.
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 for him or her 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.
As wrongful death claim 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’ time while others require lengthy investigations and negotiations and can take much longer to resolve. When a client is grieving, having a time line 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 actually need. We understand the wrongful death claim process and all the damages a family can face and with this knowledge, negotiate appropriate settlements for our clients.
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. We 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 successes our firm has had include:
A $3.9 million wrongful death settlement for undisclosed claimants;
A $300,000 wrongful death settlement following a house fire; and
A $100,000 wrongful death settlement for an individual who died in a car or motorcycle collision with limited insurance coverage.
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 of filing a wrongful death claim and seeking monetary compensation for the financial damages associated with your loss. Contact Ladah Law Firm, PLLC today to start working with an injury attorney who understands these situations and can answer all of your questions and advise you as you navigate this difficult process. Contact our firm today or call 702-252-0055 to schedule your initial consultation with our team of Las Vegas wrongful death lawyers. We are on your side and will do all that we can to help you get the money you deserve.
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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, 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.
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.
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.
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 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 aware for these intangible losses.
Many people are understandably nervous about testifying at trial and want to avoid it. Nevertheless, it is likely you need to testify for a couple of reasons:
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.
…Ramzy took over and he and his staff did just a wonderful job. They got me more money than I thought that I would get… I was just very pleased and would recommend them to anyone else.