It always feels wrong when a cherished loved one dies suddenly, but if the death was entirely preventable if only someone else had taken reasonable care it’s even more devastating for close surviving family members. The anguish over a loved one’s unexpected death is overwhelming enough, but when the economic impacts of the death become clear the loss goes beyond grief and sometimes into financial hardship for the family.
When you need someone to turn to after a loved one’s preventable death, call the Henderson wrongful death attorneys at Bay Law for compassionate legal guidance.
Table of Contents
- Why Hire Bay Law Injury Attorneys?
- What is a Wrongful Death Claim?
- Common Causes of Wrongful Deaths in Nevada
- Damages You Can Recover
- Legal Process for a Wrongful Death Claim
- Proving Liability for a Wrongful Death Claim
- Who Can File a Wrongful Death Claim?
- Contact a Wrongful Death Attorney in Henderson
Why You Should Hire Bay Law as Your Wrongful Death Law Firm In Henderson
Our Henderson personal injury attorneys at Bay Law Injury Attorneys have dedicated their careers to helping injury victims and their surviving family members achieve financial accountability and a sense of justice through Nevada’s civil court system.
When you hire wrongful death attorneys at Bay Law, we use the following qualifications to benefit your case:
- Decades of combined experience putting a powerful voice behind your wrongful death claim
- The personal attention and individualized strategy your loved one’s case deserves
- Access to the best medical experts, accident reconstruction specialists, and other resources to prove your case
- A results-oriented approach that always seeks the low-conflict resolution of a settlement while preparing every case as though for court so we are trial-ready
We never charge upfront fees to injury victims or their family members. Instead, we offer a free evaluation of your case and contingency-based payment so you only pay us after we obtain your compensation.
What is a Wrongful Death Claim?
All deaths feel wrong, but in the legal arena, a wrongful death is a fatality resulting directly from negligence—someone else’s careless, reckless, or intentionally wrongful actions.
A legal guideline to determine if a death qualifies for a wrongful death claim is the question: “Could the decedent (the person who passed away) have filed a personal injury claim against a negligent party had they survived the injury?” If the answer is yes, then a close surviving family member has a right to file a wrongful death claim.
A wrongful death claim is a civil lawsuit brought against a person, business, or other entity responsible for a family member’s death. Typically, a wrongful death claim in Nevada is brought directly as a claim against the appropriate insurance policy; for example, auto insurance after a car accident death or medical malpractice insurance after a death from a doctor’s medical error.
Common Causes of Wrongful Death in Nevada
Anytime a person’s death results from someone else’s actions or negligence, the close family members have a right to file a claim to recover compensation for their financial and emotional losses. Common circumstances generating wrongful death claims in Nevada include the following:
- Car accidents
- Drunk driving accidents
- Pedestrian accidents
- Motorcycle accidents
- Bicycle accidents
- Premises liability claims for falls, fires, inadequate building maintenance, pool deaths, and other preventable accidents on commercial, private, or public property
- Workplace fatalities
- Defective product deaths
- Medical malpractice
- Nursing home abuse
- Acts of intentional violence
A wrongful death claim proceeds separately and independently of any criminal charges in a case, such as in drunk driving accidents or a death resulting from an act of violence. While the criminal justice system focuses on punishing the wrongdoer, the civil court’s function is to provide victims with financial compensation.
What Damages Can I Recover from a Wrongful Death Claim?
A sudden death in the family is difficult for those left behind, not only emotionally, but often financially as well—especially if the decedent was a family provider. Common damages awarded in Nevada wrongful death cases include the following:
- Reimbursement for medical expenses if the decedent received medical care before their death
- Funeral and burial costs
- Lost wages for a close family member who took time away from work
- Lost earnings for the number of working years the decedent would have had left to them had they not died
- Loss of benefits like health insurance and retirement contributions
- Loss of family services such as caring for the home, children, or household maintenance
- Compensation for the decedent’s pain and suffering
- Compensation for emotional losses such as grief and anguish, loss of companionship and consortium, or the loss of parental guidance and support
In some cases, punitive damages are also available to surviving family members seeking wrongful death damages. Punitive damages are sometimes awarded as a punishment and deterrent to a wrongdoer if the death resulted from egregious actions.
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The Legal Process for a Wrongful Death Claim in Nevada
After a wrongful death in Henderson or elsewhere in Nevada, the family member or personal representative of the deceased loved one may choose to file a wrongful death claim by doing the following:
- Gathering evidence such as a medical report, medical examiner’s report, police report or accident report, photos, videos, and eyewitness contact information
- Hiring an experienced Nevada wrongful death attorney
- The attorney investigates all aspects of the death and documents compelling evidence of the at-fault party’s liability
- The wrongful death attorney carefully calculates the family’s damages to maximize the amount of compensation available to them
- The attorney sends an evidence-backed demand letter to the defendant and the appropriate insurance company
- Negotiations for a settlement begin between the attorney and insurance adjuster assigned to the case
- In some cases, all involved parties may attend one or more mediation sessions to arrive at a mutually agreeable settlement amount
- The case either ends with an ample settlement for the family’s damages or proceeds to court
Most claims end with a settlement, but if your wrongful death claim in Henderson requires court litigation, your trial-ready wrongful death lawyer from Bay Law will file the petition within the state’s two-year statute of limitations and ensure that you are well-prepared.
A lawsuit in court may take longer than a settlement, but sympathetic juries often award a grieving family member a larger amount than they’d obtain in a settlement.
Proving Liability for a Wrongful Death
Proving liability for wrongful death in Nevada requires the same burden of proof as a personal injury claim. The plaintiff must provide compelling evidence of the following:
- That the responsible party owed a duty of care to the decedent
- They breached their duty of care through negligent, reckless, or wrongful actions
- The breach of duty directly caused the death
- A close family member suffered damages from the death
In medical malpractice wrongful death claims, the plaintiff must show that a doctor/patient relationship existed at the time the death occurred and that the provider failed to uphold the care standard accepted by the medical community.
Can I File a Nevada Wrongful Death Claim?
In Nevada, only a close surviving family member or the personal representative named in the decedent’s will (often the same) may file a wrongful death claim. Typically, this is the decedent’s spouse, adult child, or parent. If none of those close family members file a wrongful death claim in Nevada, a sibling may file a claim.
Get in Touch with a Wrongful Death Lawyer in Henderson for Your Claim
No one should have to take on a challenging legal endeavor while balancing the weight of personal grief and helping family members through a terrible loss. Instead, contact the wrongful death attorneys in Henderson at Bay Law Injury Attorneys and let us navigate your claim to the most favorable result.
Let us be your loved one’s voice for justice while you focus on your family.