We Fight for Grieving Families in Summerlin

At Ladah Injury & Car Accident Lawyers Las Vegas, our Summerlin wrongful death lawyers have the professional experience, legal expertise, and the know-how to help grieving families seek justice and compensation. Our firm has recovered more than $300 million in insurance settlements and trial verdicts for our clients, including seven figure and eight figure results in wrongful death cases. Was your loved one killed in an accident caused by another party’s negligence? We are here to help. Our legal team is prepared to take on all types of wrongful death cases, including motor vehicle collisions, semi-truck accidents, motorcycle crashes, fall accidents, and medical malpractice claims. Contact us today for a free, completely confidential consultation with a top Summerlin wrongful death attorney. 

WHAT TO DO IF YOUR FAMILY MEMBER WAS KILLED IN AN ACCIDENT IN SUMMERLIN, NV

Was your loved one killed in an accident caused by negligence? It is a terrible experience that no person should ever be forced to endure. The grieving process is incredibly challenging. There are also legal and financial questions that need to be addressed and resolved. A proactive approach can make the difference. Here are four steps to take if your loved one was killed in an accident: 

  • Find Out What Happened and Preserve Relevant Evidence: Begin by gathering all available information about the accident, including police reports, witness statements, and photographs of the scene. Secure any physical evidence related to the accident and keep detailed records of all interactions and findings. To the best extent that you can do so, be sure to act quickly. Try to ensure that all relevant evidence is preserved. 
  • Avoiding Giving Any Statement to a Corporate Defendant or Insurer: Refrain from discussing the incident or making any formal statements to insurance companies or representatives of the involved corporate entities. These entities often seek to minimize their liability and can use your words against you in legal proceedings—especially if you were a witness to the fatal accident or otherwise have relevant information. 
  • Consult With a Summerlin Wrongful Death Lawyer: Wrongful death claims are difficult. You cannot rely on any insurance company to look out for your rights and your interests. Consult with a top-tier Summerlin wrongful death attorney as soon as possible after your family member’s fatal accident. Your lawyer can help you navigate the claims process. 
  • Get the Mental Health/Grieving Support Resources: You do not have to deal with the grieving process alone. The untimely loss of a loved one is a terrible tragedy. Consider accessing local mental health professionals who specialize in grief counseling to support you through this challenging time. The right support network can help make the difference. Both personal support (from friends and family) and professional support (from counselors and therapists) can help you process the grief and move forward. 

A WRONGFUL DEATH CLAIM IS A CIVIL CAUSE OF ACTION

A wrongful death claim is a type of civil cause of action that arises when a person dies due to the legal fault of another person or entity. This type of claim differs from a criminal case. Though, some fatal accidents, such as drunk driving crashes, can lead to criminal charges as well. Wrongful death claims are focused on obtaining justice, accountability, and financial support for family members.

We Handle All Types of Wrongful Death Cases in Summerlin, Nevada

Unfortunately, far too many people are killed in accidents in Summerlin each year. Every one of these losses is a horrific tragedy. Family members and other loved ones are left trying to put the pieces back together. At Ladah Injury & Car Accident Lawyers Las Vegas, we are committed to helping grieving families navigate the complexities of the wrongful death process. A wrongful death claim is a civil cause of action through which eligible surviving family members can seek justice, accountability, financial support, and some level of closure. We take on the full range of wrongful death claims in Summerlin, including: 

  • Car accidents; 
  • Motorcycle crashes; 
  • Pedestrian collisions; 
  • Semi-truck accidents;
  • Train accidents; 
  • Fall accidents; 
  • Defective products; 
  • Medical malpractice; and
  • Nursing home abuse. 

An Overview of Wrongful Death Liability

Claimants Must Establish Liability

In Nevada, wrongful death claims arise when a person dies due to the legal fault of another party. Fault may result from negligence, recklessness, or intentional actions. In some cases—such as with a product liability claim—a defendant may bear strict liability for a fatal incident. Still, most wrongful death lawsuits in Nevada are negligence claims. Negligence refers to a failure to act with the level of care that someone of ordinary prudence would have exercised under the same circumstances. What type of conduct rises to the level of negligence is highly case-specific. It could include anything from a motorist texting and driving to a property owner failing to take adequate security measures.

Modified Comparative Negligence Standard

Under Nevada law (N.R.S. § 41-141), the state follows a “modified comparative negligence” rule. Our state’s modified comparative negligence standard applies to the full range of accident and injury cases—including wrongful death claims. In cases where the deceased may have been partly at fault for the incident leading to their death, this rule applies. The damages awarded to the surviving family can be reduced in proportion to the deceased’s percentage of fault. For example, imagine that a pedestrian was killed in a collision in Summerlin. The at-fault driver was speeding. However, the pedestrian was jaywalking. If the pedestrian was deemed 20 percent at fault for the fatal accident, their survivor’s wrongful death compensation could be reduced by a corresponding 20 percent. 

Who has the Right to File a Wrongful Death Lawsuit in Nevada?

The untimely death of an innocent person impacts an entire community. When someone is involved in a fatal accident in Summerlin, the devastation is felt across many lives. However, not every person who cared about the victim has legal rights under Nevada’s wrongful death law. Even if you were very close to the victim, you only have the ability to bring a civil wrongful death lawsuit if you have a qualifying relationship. Parties that may be eligible to file a wrongful death suit in Nevada include:  

  1. The deceased person’s spouse or domestic partner.
  2. The deceased’s children.
  3. The deceased’s parents, if there are no surviving children or spouse; or
  4. The personal representative of the deceased’s estate.

The Statute of Limitations for a Wrongful Death Lawsuit in Nevada

The statute of limitations sets a deadline for filing a wrongful death lawsuit in Nevada. Under state law (N.R.S. § 11.190), a wrongful death lawsuit must be filed within two years of the date of the deceased person’s death. There are very limited exceptions—such as in cases in which the victim’s death was not immediately knowable. Do not wait to take action: Failing to file within this timeframe typically results in losing the right to sue. Consult with a Summerlin, NV wrongful death lawyer as soon as possible. 

What Types of Compensation Can You Recover in a Wrongful Death Claim?

There is no amount of financial compensation that can bring a person back. At the same time, families need the maximum financial support. A large wrongful death settlement or verdict sends the best message. Damages in a wrongful death case generally fit into one of three broad categories: 

  • Economic Losses: Economic damages are financial losses. Some examples include out-of-pocket medical bills, funeral costs, burial costs, and loss of financial support. Be sure to carefully document your economic losses after a family member’s fatal accident.
  • Non-Economic Losses: Of course, the damage associated with the loss of a family member is largely non-economic in nature. A wrongful death claim must include compensation for non-economic damages, such as your loss of companionship, loss of love, loss of moral support, and loss of consortium.
  • Punitive Damages: In cases where the defendant’s conduct is found to be especially harmful, Nevada courts may award punitive damages. These are not related to the actual harm suffered but are intended to punish the wrongdoer and deter similar misconduct. 

You cannot rely on a defendant or insurance company to determine the value of your wrongful death case. A top-tier Summerlin wrongful death attorney can help you document the impact of the fatal accident and fight for the absolute maximum financial support. 

Understanding Survival Action Claims in Nevada

Depending on the specific nature of the fatal accident, your family may also have a second type of civil legal claim called a survival action claim. Although they are often filed at the same time. survival actions are distinct from wrongful death claims in Nevada. A survival action claim may be warranted if your loved one lived after the accident itself, but eventually passed away due to the severity of their injuries—potentially hours, days, weeks, or even months later. 

While wrongful death claims provide compensation for the survivors’ loss, survival actions seek damages that the deceased could have claimed had they survived. These may include medical expenses incurred before death, pain and suffering experienced by the deceased prior to passing, and lost wages from the time of injury to death. In Nevada, the personal representative of the deceased’s estate is responsible for filing a survival action. Any damages recovered through the claim become part of the estate and are distributed accordingly. 

Why Rely On the Summerlin Wrongful Death Lawyers at Ladah Injury & Car Accident Lawyers Las Vegas

The loss of a family member to a fatal accident is devastating. There is truly nothing that could ever be enough to make things right after such a terrible loss. At the same time, grieving families need justice and financial support. At Ladah Injury & Car Accident Lawyers Las Vegas, our attorneys are committed to putting the rights of people first. We fight for victims and families—not large corporate giants or their insurance companies. You can review our case results, our testimonials from clients, and contact us directly with questions. Along with other things, our Summerlin wrongful death attorney is prepared to: 

  • Listen to you story and answer legal questions about Nevada’s wrongful death laws;
  • Investigate the fatal incident—gathering evidence and identifying defendants;  
  • Guide you through the claims process, including any settlement negotiations; and
  • Take action to help you get justice, accountability, and the maximum compensation. 

WE REPRESENT GRIEVING FAMILIES ON A CONTINGENCY FEE BASIS

The Ladah Injury & Car Accident Lawyers Las Vegas represents grieving families on a contingency fee basis in wrongful death claims. Our practice is designed to help you seek justice without financial burden. There are no upfront costs, hourly bills, or any other form of out-of-pocket expenses. If your family does not get paid, we do not get paid. Our Summerlin wrongful death attorney will review your case for free and at absolutely no obligation. 

SUMMERLIN WRONGFUL DEATH CLAIMS: FREQUENTLY ASKED QUESTIONS (FAQs)

How Do You Establish Fault in a Wrongful Death Case?

Liability is based on fault. Liability in a wrongful death case in Nevada is determined by proving negligence—or other wrongful actions—on the part of the defendant that directly caused the death. In general, this requires showing that the defendant owed a duty to the deceased, breached that duty of care, and the fatal accident as a result. A thorough investigation is a must. 

Will a Wrongful Death Lead to Criminal Charges?

Maybe. A wrongful death might lead to criminal charges if the actions that caused the death are found to be criminally negligent or intentional. For example, a fatal DUI crash could lead to a criminal case. However, the determination of criminal liability is separate from civil wrongful death claims and is handled by government prosecutors, not the victim’s family. You should know the standards of proof are different. Criminal cases require proof beyond a reasonable doubt. In contrast, civil wrongful death cases require proof with a preponderance of evidence. 

How Do I Determine the Value of a Wrongful Death Case?

Putting a value on a wrongful death case is inherently difficult. Determining the value of a wrongful death case involves considering multiple factors, including lost wages, medical expenses prior to death, funeral costs, and the non-economic impacts like loss of companionship. You do not have to figure it out alone. A top-tier Summerlin wrongful death attorney can help. 

Are Punitive Damages Available in Wrongful Death Cases in Nevada?

Yes—but they are not typically awad. While available, these damages are only granted incases where the defendant’s actions were especially reckless or malicious. Notably, punitive damages are intended to punish the wrongdoer and deter similar conduct in the future. As an example, punitive damages may potentially be granted in a wrongful death claim brought after a DUI crash. 

Can Non-Family Members Ever Bring a Wrongful Death Claim in Nevada?

Only in very limited circumstances. In Nevada, non-family members cannot typically bring a wrongful death claim unless they were a dependent of the victim or they are the primary beneficiary of the deceased’s estate. These are often complex cases. A Summerlin, NV wrongful death lawyer can help you navigate the claims process.

Schedule a Free, Confidential Consultation With a Summerlin Wrongful Death Attorney

At Ladah Injury & Car Accident Lawyers Las Vegas, our Summerlin wrongful death lawyers are compassionate and experienced advocates for justice. We handle the full range of fatal accidents—from car crashes to nursing home negligence. Lost a loved one to a fatal accident? You need a top attorney. Get in touch with us by phone at (702) 570-2075 or contact us online for a free, no commitment initial case review. We represent families in wrongful death claims in Summerlin and throughout Clark County.