Las Vegas Wrongful Death Lawyer

No one expects to lose a loved one from an accident, much less one that is caused by another person’s negligent, reckless, or intentional act. When a tragedy claims the life of a close family member, a Las Vegas wrongful death lawyer can help you hold the responsible parties accountable.

In Nevada, when you lose a loved one to wrongful death you have the legal right to pursue compensation. Although you can’t place a value on your loved one’s life, the money you receive through a wrongful death claim can help you pay medical bills, funeral costs, and other debts your loved one left behind.

The outcome of your wrongful death case can help relieve some of the stress and worry you’re experiencing after this traumatic loss. For many families, it helps give them closure and security they need for a future without their primary earner – though the victim need not be a primary earner for there to be a case for wrongful death. The experienced wrongful death attorneys at Bay Law will provide you with compassionate representation and personal attention throughout your wrongful death lawsuit. Not only will we fight to get justice for you and your loved one, but we will strive to receive the maximum compensation that you deserve – we will make them pay with Bay.

Wrongful Death 101

A wrongful death lawsuit is one that the deceased would bring if they were still alive. Had they survived their injuries, they would have filed a personal injury claim against the responsible party. When the injuries are so severe that they cause their death, a close family member will file a wrongful death claim instead. Every state has laws about who can file a wrongful death claim. In Nevada, you must be:

  • The deceased person’s surviving spouse, domestic partner, or children
  • A personal representative of the deceased person’s estate
  • The parents of the deceased person when there is no spouse or child

Like personal injury claims, wrongful death lawsuits are civil suits that are filed to get monetary compensation. There are no criminal charges or prison terms involved. In personal injury cases where criminal charges are filed, the wrongful death claim is handled separately.

Some acts of negligence that commonly result in wrongful death claims include:

Accidents on commercial or residential property because of improper maintenance

Every property owner has the legal obligation to make their property safe for other people to walk on. Failing to fix a broken handrail or having cracked or uneven pavement where people walk might lead to a serious accident. Damaged flooring or exceeding weight limits might result in a person or people falling through a floor. If you can prove that your loved one died because of a property owner’s negligence, you can get financial compensation for their wrongful death.

Medical malpractice by a physician or surgeon

Medical malpractice is defined as “any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient.” Negligence in the medical field includes making a wrong diagnosis or failing to diagnose a condition or injury.

Workplace accidents caused by unsafe working conditions

One of the most common worksites where on-the-job deaths occur is construction sites. Workers are at risk of serious injury every day from unsafe or defective machinery, tools, and equipment. The equipment and working conditions on almost any job can be life-threatening if the equipment isn’t up to standards and isn’t properly maintained. Failing to train employees to use equipment safely can also result in wrongful death.

Injuries resulting from defectively manufactured or designed products

Sometimes it is the way a product is designed or manufactured that makes it defective. In an automobile, defective tires might cause an accident. Faulty seat belts might fail to keep you safe during an accident. When these types of injuries result in wrongful death, the manufacturer, designer, or retailer might be to blame.

Proving wrongful death in any situation begins by determining who is at fault. A Las Vegas wrongful death attorney will investigate your case and advise you on whom to name in your claim.

How Can You Prove Fault In A Wrongful Death Accident In Las Vegas?

Proving fault in a wrongful death case is one of the most important things your attorney will do. It takes irrefutable evidence that shows no one else could have been blamed for your loved one’s death. The evidence must prove that the accident happened because of the other party’s negligence, recklessness, or intent. Once the attorney gathers enough evidence to build a solid case, they will present your claim to the insurance company.

There are several tactics that insurance companies might use to disprove your claim. They might try to put the blame on the deceased or challenge the amount of compensation you request.

The wrongful death lawyers at Bay Law use a personalized approach to disproving the insurance companies’ argument. For wrongful death cases from car wrecks, we might employ techniques such as accident scene reconstruction and compare the results to the accident scene. We will examine all the evidence including police reports and witness statements to determine what and who caused the accident.

Car accidents are a leading cause of wrongful deaths, and the number of fatalities from car crashes is increasing across the country. Increased traffic congestion puts drivers in Las Vegas and Henderson at a greater risk of being in a serious car accident when drivers don’t show the expected level of care from behind the wheel.

Car crashes aren’t the only type of accident that cause wrongful death. Some other common types include:

  • Truck accidents
  • Bicycle accidents
  • Motorcycle accidents
  • Medical malpractice
  • Defective products
  • Pedestrian accidents
  • Work-related and construction
  • Criminal acts

The same report by the U.S. Department of Transportation showed an increase in fatalities in several of these areas. Fatalities involving at least one truck increased by 13%, bicyclist fatalities by 5%, motorcycles by 9%, and those involving pedestrians increased by 13%. There were also significant increases in fatalities involving multi-vehicle crashes, speeding, and accidents involving alcohol.

The outcome of your wrongful death claim is extremely important to your family. The compensation will replace the income of the primary earner, cover their final expenses, and provide some level of justice for your loss. That’s why choosing a Las Vegas wrongful death lawyer that will investigate the evidence thoroughly is so important.

What Are Some Common Types Of Wrongful Death Cases?

If you are searching for a Las Vegas wrongful death attorney, you have likely lost a loved one due to someone else’s negligent acts. At Bay Law, we know how difficult it is to pursue compensation for your loved one’s wrongful death while going through the grieving process. We are here to help, and we assist Nevada families get the best possible results from their wrongful death cases.

The unexpected loss of a loved one can be overwhelming. You must make important decisions for your family that you’ve never had to consider before. Emotions and worries over finances might drive you to make a hasty decision, such as accepting an initial offer from the insurance company. Entrusting an experienced wrongful death attorney to advise you on the best legal path will alleviate much of the stress and confusion you are experiencing. We are committed to getting the maximum compensation that you deserve to make them pay with Bay

No amount of money can fill the void that the loss of your loved one left behind. Regardless of the situation that caused your loved one’s death, there might be negligence involved. Some common types of wrongful death cases include:

Car Accidents 

Car crashes account for many of the wrongful death cases in Las Vegas. Speeding, drunk, drowsy, or fatigued driving are some negligent acts that lead to serious accidents. Every driver on the road has a duty to follow traffic laws, be alert to changing road conditions, and avoid causing harm to other drivers. When they fail to meet this duty and cause the death of your family member, they should be held liable.

Sometimes the person’s injuries are severe enough to cause immediate death. Others require immediate medical treatment at the hospital. They might undergo extensive treatment including one or multiple surgeries. Some accident victims receive thousands of dollars in medical treatment before succumbing to their injuries.

If your loved one passed away hours, days, or weeks after the car wreck, you should talk with a wrongful death lawyer about filing a claim. Even if their death occurred after the crash, if their injuries were the result of someone else’s negligence or intentional act, it isn’t too late to file a claim. In Nevada, you have two years from the time of death to file a wrongful death claim.

Work Accidents 

Fatal accidents sometimes occur at work, especially at construction sites or in factories where heavy equipment is used. Accidents might result when the equipment is faulty or when an employee lacks proper training.

Falls account for many workplace accidents in a broad range of settings. Any job that requires employees to climb to a significant height poses the risk of falling. When they aren’t equipped with the correct safety equipment, their risks increase.

Under Nevada’s vicarious liability doctrine, the workplace might share liability when an employee commits an act of violence against another employee that results in their death. Filing a claim against the employer sometimes gives you access to more assets from which to collect compensation. If your loved one died from a violent or intentional act in the workplace, ask the wrongful death attorneys at Bay Law about your options for optimizing your compensation.

Truck Accidents 

Commercial trucks are larger, heavier, and more difficult to control than passenger vehicles. Truck drivers need to be aware of changing road conditions and drive with safety in mind. When they work long shifts, they might get fatigued and sleepy, which can lead to accidents. Other causes of trucks crashing into other vehicles are distracted driving, speeding, and hauling oversized loads.

The combination of weight and speed for big rigs results in high-impact crashes that cause serious and sometimes fatal injuries. Some of the most common types of injuries seen in truck accidents are severe burns, back, spine, internal, and traumatic brain injuries as well as broken bones.

Defective Products 

The people who design and manufacture products are responsible for making them safe to use. Some products that the public relies on to create safety are responsible for causing serious injuries and death. Most of us feel protected when we snap on our seat belts or purchase a vehicle with airbags. When these safety features fail, they can end up having the opposite effect. Instead of making you safer, they contribute to an unsafe situation and lead to fatal injuries.

Other types of defective products that cause death include pharmaceuticals, children’s products, and medical equipment. While deaths resulting from some types of products are common, there is the potential for defective products in any industry. If you think a loved one’s death was the result of a defective product, schedule a consultation with an accidental death attorney. We will investigate your case to see if someone’s negligence is to blame.

Pedestrian Accident 

Deaths from accidents involving pedestrians are less rare than other types of fatalities, but they are more likely to result in death. Unfortunately, accidents involving pedestrians are happening more often than in the past. In Nevada, pedestrian fatalities increased from 69 in 2019 to 82 in 2020, and 88 in 2021.

Pedestrian accidents that result in death are usually due to the traumatic impact of a vehicle or other heavy objects. Objects like air conditioners falling from windows or equipment coming dislodged from a truck bed are some ways pedestrian accidents occur. These accidents involve the direct impact between a heavy object in motion and a person who doesn’t have any protection.

Pedestrian accidents aren’t always the fault of the driver, even though they have the most severe injuries. To prove wrongful death, you must present evidence that your loved one had the right of way. You can only file a wrongful death claim if you can prove the death resulted because of the driver’s negligence.

Bike Accidents

Many Las Vegas residents are familiar with the appearance of “ghost bikes” erected as memorials over the past several years. They are meant as a message to lawmakers to do something about the carnage occurring to bike riders. The debate between bicyclists and lawmakers ignited in response to a tragedy that some people compared to a mass shooting.

The tragedy was the death of five cyclists who were killed on a highway just south of Las Vegas. A group of 14 bicyclists were  riding in an annual 130-mile while being escorted by a safety vehicle with flashers. The driver of a box truck struck the group when he fell asleep behind the wheel just a few moments previously.

It was more than driver fatigue that led to the tragedy. The driver also had high levels of methamphetamine in his system. He was charged with 12 felonies including DUI and reckless driving.

With 75% of all fatal bicycle accidents occurring in large cities, it’s no surprise that Las Vegas is the location of more fatalities than other areas of the state. Any bike accident is a tragedy – especially those that result in the death of a beloved family member.

Motorcycle Accidents 

People who ride motorcycles enjoy the feeling of freedom that they get from traveling in the open air. It is that “openness” that puts motorcyclists in so much danger every time they enter the highway. Their lack of protection puts them at a higher risk of serious injury or fatality in any accident.

Many motorcycle accidents occur due to driver negligence. The causes are similar to those of auto accidents including:

  • Distracted driving
  • Disobeying traffic signals or signs
  • Failure to yield
  • Driving under the influence
  • Speeding

Sometimes drivers don’t respect motorcyclists, cutting them off, failing to yield the right of way, or following too closely. These types of negligent driving are even more dangerous during inclement weather. Too often, their actions lead to accidents with serious consequences.

If you lose a loved one in a motorcycle accident that was someone else’s fault, talk with a wrongful death attorney about filing a claim. Make the at-fault party pay for your loss.

Slip And Fall Accidents 

Residential and commercial property owners have the responsibility of maintaining their property and keeping it free from hazards. When they fail to meet their obligation, people can slip and fall, causing fatal injuries.

People who fall on hard surfaces frequently hit their heads and cause traumatic brain injuries (TBI). TBIs are typically rated as mild, moderate, or severe. Most moderate to severe TBIs result from falls. People who experience moderate and severe TBIs may have life-long health problems. For thousands of fall victims, their injuries cause their death.

If your loved one died from injuries in a slip and fall, contact a wrongful death attorney that is experienced in negotiating with insurance companies. At Bay Law, we take your concerns for you and your family seriously. We will help you get the maximum compensation for your wrongful death case.

Las Vegas Wrongful Death FAQs 

You probably have a lot of questions after the death of a loved one. You need answers to help you find closure and plan your and your family’s future. These FAQs will help you decide whether filing a wrongful death claim is the right choice for you.

What is a wrongful death claim? 

A wrongful death is one that occurs due to someone else’s recklessness, negligence, or intentional act. If the person had survived their injuries, they could file a personal injury claim against the other party. When the person’s injuries result in death, a close family member can file a wrongful death claim to get compensation for their loss.

Wrongful death laws are designed to provide compensation to family members who depended on the deceased for companionship and financial support. When you file a claim, the insurance company of the guilty party pays. If they are uninsured, then you must sue the individual. A good Las Vegas wrongful death lawyer will know how to uncover assets to get you the compensation you deserve.

Does a crime have to occur to have a wrongful death claim? 

Wrongful death lawsuits take place in civil court and are for the purpose of pursuing cash payments. Although criminal charges might be going on in criminal court, the two are handled separately. Neither case is dependent on the outcome of the other.

Law enforcement might ticket the at-fault party at the time of the accident for a traffic offense that contributed to or caused the accident. This might be a misdemeanor or infraction that results in a fine. Offenses that are considered felonies are crimes and are settled in criminal court. If the person was ticketed at the accident, it might provide evidence for your wrongful death claim.

What do you have to prove to win a wrongful death claim? 

As the person who is filing the wrongful death claim, in order to win  you have to prove the burden. There are four basic elements that you must prove, including:

  1. Someone died
  2. The death resulted from another person’s wrongful act or negligence
  3. You are an heir or personal representative of the deceased
  4. You suffered financial damages due to the person’s death

The most challenging element is proving that the other person failed to show the same level of care as you might expect from a reasonable and ordinary person in the same situation.

If you are in doubt about whether you have a wrongful death claim, contact the wrongful death attorneys at Bay Law. We have the skills and attorneys to successfully represent clients in Las Vegas, Henderson, and the entire southern region of Nevada who have lost someone to wrongful death. Our wrongful death law firm will collect evidence to support your case. We will follow every lead to prove that the other party’s negligence caused your loved one’s death.

Who may bring a wrongful death claim? 

The laws about who can file a wrongful death claim vary somewhat from state to state. In Nevada, you must be:

  • A personal representative of your loved one’s estate
  • The surviving spouse or domestic partner
  • A child of the deceased
  • Parents of the deceased if there is no surviving spouse or children
  • Another person who can prove to the court that they were dependent on the deceased for support at the time of their death

The age of the victim often determines who has the legal right to file a claim. The age of their surviving relatives also plays a role. Talk with an accidental death lawyer to find out more about who can file a wrongful death claim on behalf of their loved one.

How do I get started with a wrongful death lawsuit? 

The first step is to make an appointment for a free consultation. In Nevada, you have only two years from the time of the deceased’s death to file your case. Your attorney needs time to investigate your case and prepare the documents needed.

Making decisions about taking legal action and pursuing compensation are especially difficult when you are grieving the loss of your loved one. It’s difficult to make important decisions amid the confusion and heartbreak. A Las Vegas wrongful death lawyer at Bay Law will provide the legal guidance you need. We will determine how much you should seek in monetary compensation and make sure the insurance companies don’t take advantage of you during this difficult time.

If we can’t reach a fair settlement, we will prepare a strong case to support your claim. We will provide compassionate representation and stand by your side throughout every step of your case.

Does a wrongful death lawsuit take the place of a criminal case? 

No. If the act that caused your loved one’s death was intentional, there might be a criminal trial. Criminal charges are filed by the district attorney for the purpose of punishing the accused with jail or prison time.

Wrongful death lawsuits are civil matters that are filed by someone who depended on the deceased for financial support or companionship. Civil suits are solely for the purpose of collecting monetary support for the survivors of the deceased. There are no criminal charges made in civil court. If money is awarded, it isn’t as a punishment for the defendant. It is to compensate for the financial loss that they caused the family of the person that died.

You do not have to wait on the verdict in a criminal case before pursuing a civil action. It is also possible to win your wrongful death case even if the criminal court finds them not guilty. People often win civil cases after a defendant is found innocent of the criminal charges.

What damages are available in a Las Vegas wrongful death claim? 

There are many economic and non-economic damages you might receive from your wrongful death claim. including:

  • Medical and final expenses
  • Lost wages
  • Pain and suffering
  • Loss of companionship or consortium

Sometimes the court awards punitive damages where the defendant’s actions were especially heinous. These damages are not given for financial compensation but to punish defendants for especially egregious behavior.

Do I need a Las Vegas wrongful death attorney? 

A wrongful death attorney will help you through every step of your wrongful death case. Scheduling a consultation will help you learn your options and make it easier to decide if a legal case is the right choice for you.  Once you have a plan for the legal side of your family member’s death, you can begin to create stability and closure for your family.

It is difficult to get past losing someone close to you no matter what caused their death. When it happens because of someone else’s negligence, it is even more overwhelming. Wrongful death can impact every aspect of your life.

The Las Vegas wrongful death attorneys at Bay Law will guide you through the legal process. We know Nevada law and what it takes to win a wrongful death case. You can rest assured that our legal team will provide you with professional legal advice based on the details of your situation.

3 Easy Steps To Follow When Choosing The Right Wrongful Death Lawyer 

If you lost someone because of another person’s negligent act, you need a wrongful death attorney in Las Vegas or Henderson to take your case. For many people, searching for the “best wrongful death lawyers near me” is the simplest way to find the right law firm. While you do need a law firm or lawyer near your residence, you shouldn’t base your decision on location alone. You need the experienced attorneys at Bay Law to guide you through the process.

Take Some Time To Check Out The Firm’s Reputation

You can always benefit from the recommendations of previous clients. Take the time to learn about the firm’s or lawyer’s reputation. Find some candidates by searching “wrongful death attorney near me.” Then search for reviews and compare those with the highest ratings. Our firm reputation is excellent and nearly all of our clients are thrilled with our representation of them. Indeed, some of our clients transfer their case to Bay Law after getting less than stellar representation elsewhere.

Give Us A Call And Schedule A Consultation

A free consultation is your chance to meet our wrongful death attorneys and decide if we’re a good fit. Bring all the evidence you have for your case including the accident report. Make a list of questions and concerns. You can rely on our team of experienced Las Vegas attorneys to give you the best legal advice and the most compassionate representation.

Ask Them About Their Fees

Most wrongful death attorneys provide their services on contingency. You don’t have to pay anything up front. Some lawyers require a retaining fee to take your case. Make sure you understand your overall costs before signing a contract with any wrongful death firm.

Getting compensation won’t replace your loved one. However, it might give you a sense of closure while alleviating your financial obligations. The money you receive can help replace the lost income, pay for your children to go to college, and pay off debts that your loved one left behind.

How Our Las Vegas Firm Can Help You

Losing a loved one is a shocking and devastating event in your life. At Bay Law, we know that the only thing more painful is losing a loved one because of another person’s negligence. You must deal with the unbearable pain while trying to make sense of the financial impact the loss has on every aspect of your life.

You can bring a lawsuit against the responsible party who caused your loved one’s death whether it was intentional or due to a negligent act. Our Las Vegas wrongful death lawyers know how painful it is to lose someone you love. Our team is committed to providing you with compassionate representation at every stage of your claim. We start by shifting the stress of filing your wrongful death claim away from your family and onto our attorneys.

Our firm works with a range of professionals and experts who help obtain evidence and testimony to support your case. We have the experience and skills to handle the most complex cases.

Contact Our Las Vegas Wrongful Death Attorneys For A Free Consultation Today

Bay Law makes it easier and less stressful to handle the legal aspects of your loss. When we say, “Make Them Better,” it’s our guarantee to provide you with the individualized attention you need for a strong case. Wrongful death lawsuits are complicated. They depend on your ability to prove that someone else did or didn’t do something that set a tragedy in motion. We will work hard to prove your case and make them pay with Bay.

We know that nothing we do will replace your loved one, but hopefully getting compensation for your loss will help take away some of your worries. Your initial consultation is free, and we work on contingency. That means we don’t get paid unless you do.

Contact us to schedule a consultation today.