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At Cloward Trial Lawyers, we can help you file a wrongful death claim with the appropriate insurance company and pursue the damages that you deserve.
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Although no amount of money could ever replace your lost loved one, a successful wrongful death claim or lawsuit can bring about a sense of justice and closure for both you and other surviving family members.
We have recovered more than $330 million in total for our clients. These are only some examples of our case results – and these results show that we don’t back down when faced with large companies and their insurers:
We know you have many choices when hiring a personal injury law firm in Las Vegas, but there are some reasons why you should always consider Cloward Trial Lawyers to best represent your injury case.
For a free legal consultation and case evaluation with a wrongful death attorney near you, please give us a call or contact us online to learn more.
Following a loved one’s untimely death, certain categories of family members are eligible to bring a wrongful death claim or lawsuit. In Nevada, only a deceased individual’s heirs, and the estate of the deceased individual, may pursue wrongful death damages.
Examples of heirs include a surviving domestic partner or spouse, surviving children, the personal representative of the deceased individual’s estate, and parents of the deceased individual if no surviving child or spouse exists.
As part of a wrongful death claim, surviving family members could pursue compensation for funeral and burial expenses, the decedent’s medical expenses, loss of the decedent’s love and support, grief and sorrow, post-accident pain and suffering (up until the time of death), and punitive damages.
The knowledgeable Las Vegas wrongful death lawyers at Cloward Trial Lawyers can determine if you are eligible to file a wrongful death claim or lawsuit in pursuit of various monetary damages.
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In Nevada, state law (NRS 41.085) outlines who can make wrongful death claims, exclusions, and what damages are recoverable. Heirs of the deceased person or their personal representatives can file wrongful death lawsuits.
Civil lawsuits can occur at the same time as criminal cases because the matters are seen as two separate proceedings. In most cases, criminal court proceedings will occur first then the civil case will follow.
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The statute of limitations is the amount of time the law allows for a person to file a lawsuit. The wrongful death statute of limitations in Nevada is two years from the date the victim died.
Before the two-year period ends, your wrongful death attorneys will build your case and file a complaint with the courts to initiate the lawsuit. Unless the case settles out of court before the two-year period ends and before a lawsuit is filed.
The knowledgeable and compassionate Las Vegas wrongful death attorneys at Cloward Trial Lawyers could help you file a claim and satisfy the legal elements necessary to recover monetary damages.
A claimant in Nevada can pursue a wrongful death claim when they lose a loved one due to someone else’s:
Unlike criminal cases, where the state files charges against a wrongdoer defendant, a wrongful death claim is a civil action. Therefore, it is the claimant who files a claim – or a lawsuit – seeking monetary compensation.
Even if there is a separate criminal case pending against the wrongdoer, you or a surviving family member may still be eligible to pursue a wrongful death civil action. Moreover, in a civil case, the burden of proof is much lower than what the state has to prove to secure a conviction in a criminal case.
Wrongful death can occur in a variety of circumstances, including medical malpractice, workplace accidents, vehicular accidents, and product liability cases. Personal injury cases can also pivot into wrongful death claims if the person dies at a later time due to the incident.
The type of wrongful death case can impact the amount of compensation that is recoverable because state laws require different insurance coverage amounts for different types of insurance.
If you and your family have lost a loved one to any of the following circumstances or have questions regarding a different type of untimely death, contact our knowledgeable Las Vegas attorneys for a personalized consultation.
“We believe until you can walk a mile in your client’s shoes, you will never understand their story. As such, we try hard to get to know our clients to better appreciate the human side of their story.”
Proving fault in wrongful death accidents requires you, as the plaintiff, to demonstrate that the defendant’s willful behavior or negligence caused the victim’s death.
Liability is a legal term used to describe a person’s responsibility for causing another person harm. In wrongful death cases, it means that a person is responsible for the death of another person due to their actions or failure to act.
To prove liability, our plaintiff attorneys must establish several crucial evidentiary criteria, including:
With this proof of liability established, you can pursue compensation for damages done by filing a wrongful death lawsuit.
In Nevada, wrongful death damages can include economic losses, non-economic losses, and punitive damages.
Economic damages refer to calculable financial expenses or losses that occurred because of the wrongful death incident. This can include medical bills and other expenses incurred as a result of the wrongful death incident as well as changes in financial security due to the loss of income and benefits the deceased person provided.
The larger earning capacity and the more the deceased person financially contributed to the household, the more the family can recover in the case.
Non-economic damages refer to the mental and emotional suffering you experience with the loss of a loved one. As well as how the deceased persons contributed to your household and your relationship in non-financial ways, such as the loss of a child caregiver and household assistance.
Punitive damages can be included in your recovery as a form of punishment and deterrence for the defendant. Essentially, this monetary portion of a settlement is a penalty fine awarded if the defendant committed gross negligence or intentional harm.
A pecuniary loss is an economic damage that is calculable such as a medical bill. In order to determine the total amount of pecuniary losses in a wrongful death case, your attorneys gather evidence outlining a number of contributing components.
The court must take into account any evidence presented in order to accurately calculate the amount of economic damages recoverable.
Pursuing a wrongful death case for a deceased loved one is a complex process that is often time-consuming and emotionally difficult. Our experienced attorneys strive to provide comprehensive support for you and your family every step of the way. After you obtain proper legal counsel, our team of legal professionals will work through the following process:
To build your case, our team collects all relevant evidence related to the incident, which may include witness statements, medical records and bills, police reports, and other forms of documentation.
To support your claim, negotiations can begin with the defendant’s legal counsel or their insurance provider. Our skilled attorneys provide reliable legal guidance and fight for fair settlements.
If parties can’t reach a settlement during pre-suit negotiations, our attorneys will file a wrongful death lawsuit.
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The experienced team at Cloward Trial Lawyers has an impressive track record and has earned an unparalleled reputation in the legal community for its extensive expertise and exceptional client service.
You won’t have to pay large attorney’s fees unless you win your case. We believe our clients should receive the best representation without having to worry about a costly and stressful fee structure.
We consistently strive for the best outcomes for all of our clients and our track record of successful rates speaks for itself: 99% of victories achieved in personal injury cases.
We are devoted to guiding our clients through with the highest level of care, so they can feel secure knowing we will be by their side throughout the entire process.
You can also find more related information here:
How Long Do You Have to File a Wrongful Death Lawsuit in Nevada?
Have a different question?
ask an attorneyWrongful death is the tragic loss of a loved one due to negligence, misconduct, or an intentional act by another party. Nevada law allows a wrongful death claim by family members or the estate of the decedent for damages they have sustained as a result of the death. The legal action pertains to financial burdens, emotional pain, and other forms of damages due to the untimely death of an individual. Emphasizing the need for legal intervention, Las Vegas wrongful death lawyer can bring the necessary expertise to such complex cases.
The amount that is allowed for an average wrongful death settlement really varies based on the different circumstances surrounding a case. Factors affecting comparative settlement amounts include the deceased’s income, the extent of financial and emotional damages, and the degree of negligence committed by the at-fault party. In some instances, families could recover compensation for medical expenses, funeral costs, loss of companionship, and punitive damages.
To understand the possible settlement, the family needs to be educated on various resources, such as extensive guidelines provided by the Nevada State Bar regarding wrongful death claims. This ensures that victims’ rights are protected and pursued effectively.
Nevada’s wrongful death claims can be filed either by the immediate members of the family or by the estate of the decedent. The parties that may be included in the eligible parties are spouses, domestic partners, children, and, in some instances, parents of the deceased. A personal representative may file a claim on behalf of all beneficiaries.
The monetary amount you can receive from a wrongful death claim is based on the unique facts of each case. There are numerous factors that contribute to the damages available, and ultimately, comprehensive negotiation or potentially a judge and jury determine the matter.
A wrongful death lawyer provides expertise that guides the bereaved family through complex claims. This would involve investigations into the cause of death, evidence collection, determining responsibility, and negotiating reasonable settlements. Besides, they offer emotional support and legal representation that eases pressure from the family.
You will need the assistance of a state-licensed attorney to file a lawsuit for your wrongful death claim. Our wrongful death attorneys have years of experience and can provide invaluable legal guidance for your case.
In fatal incidents, certain elements must be present to warrant a wrongful death case. As the plaintiff, the elements of wrongful death that your case must prove are:
Different types of evidence are required depending on the circumstances of the case. Presented evidence in the case must be obtained legally and be relevant to the wrongful death case
The usual wrongful death cases involve various steps that range from the filing of an initial claim to the negotiation of a settlement or trial. This may include evidence collection, expert witness consultation, and presentation of your case in court. While some cases are settled, others must be litigated to a fair conclusion.
While families should be prepared to face what may be a long process, they have the assurance that the experienced attorneys are handling everything that needs attention in regard to the claim. By seeking professional assistance, every legal requirement to help ensure success will be met.
A wrongful death claim does not require there to be a crime involved. While some cases arise based on criminal acts such as assault or DUI, the others come from acts involving carelessness, such as medical negligence and work accidents. Nevada law cares much more about the breach of duty that caused the victim to die than whether the causing element crosses into criminality.
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