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Wrongful 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.
At Cloward Trial Lawyers, our experienced Las Vegas Personal Injury lawyers can help you file a wrongful death claim with the appropriate insurance company and pursue the damages that you deserve.
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, confidential legal consultation and case evaluation with a wrongful death attorney near you, please give us a call at 702-605-5000 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.
We’ll help you determine if you are eligible to file a wrongful death claim or lawsuit to recover various monetary damages.
I was referred by a fellow attorney to Riley Clayton to help one of my clients with a potential issue regarding insurance coverage. I was absolutely blown away by his responsiveness, eloquence, and his generosity, not only with me but with my client. He is incredibly well-versed in the area, and, from a handful of emails and a short call, it’s obvious why he’s so highly regarded by his colleagues. Both my client and I feel such relief knowing...
There are no words that describe the excellence, professionalism, and knowledge that Ben Cloward has shown me and my family. Top shelf lawyer, amazing and down to earth person. Incredible services provided to myself and my well being. 100% recommended for his expertise as my attorney. I just can’t say enough. He will never steer you wrong, honest, loyal, kind and gets the job at hand done with perfection. It’s an honor to have you on my side and help...
My family worked with Ben and his team for the better part of 4-5 years to obtain justice for our mother involving injuries she suffered. Throughout the entire lengthy process, Ben and his team were nothing short of amazing in handling the case, providing updates timely and clarifying any unknowns regarding legal jargon. The group of advisors and other consultants we worked with at Ben’s recommendations were just as amazing working with Ben and his...
As someone who never thought they would need a personal injury attorney, I was hesitant and overwhelmed when I reached out to Cloward Trial Lawyers for help. But when I met Ben, everything changed. The weight on my shoulders was lifted by his genuine kindness and empathetic nature. I didn’t just find a lawyer, I found an ally, a confidant, and a friend. Visit the review here.
I was referred to Cloward by a family member. From the first time I met with Ben, he truly listened, was empathetic and cared. He fights for what is right. His demeanor is calm but don’t let the smoothness fool you. He knows exactly what needs to be done and will ensure justice is served with everything he has! I cannot express how grateful and thankful my family and I are to have him in our corner. I would recommend him and his team (Ian, Cat, all of ...
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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.
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. NRS 41.100, often known as the survival statute, gives the heirs and personal representatives of the estate an additional way to recover various kinds of damages. It can be difficult to decide who is entitled to what kinds of damages, and a skilled wrongful death lawyer is necessary to find the right legal path.
Civil lawsuits can occur at the same time as criminal cases because they are considered separate proceedings. In most cases, criminal court proceedings will occur first, followed by the civil case.
“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.”
Get the legal support you need to file a claim and satisfy the legal elements necessary to recover monetary damages.
Ben Cloward, founder and partner in Cloward Trial Lawyers, is an experienced personal injury lawyer in Las Vegas, who secured $38 million in February 2020, which was the second-biggest wrongful death verdict in the United States that year and is thought to be the largest negligent security for wrongful death in the State of Nevada.
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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.
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 2016, at the age of 37, Mr. Cloward became the youngest lawyer in the history of Nevada to be awarded the prestigious “Trial Lawyer of the Year” by the Nevada Justice Association. That same year, he became the youngest member of the Nevada, Las Vegas Chapter of ABOTA (American Board of Trial Advocates), and at the time was also the youngest person in the State of Nevada to be Board Certified as a Personal Injury Specialist. He has been featured in several magazines in Nevada for his accomplishments and hard work.
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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. 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 consider any evidence presented to accurately calculate the amount of economic damages recoverable.
If someone else’s negligence has taken the life of your loved one, don’t wait to act. Contact our experienced wrongful death lawyer for a free consultation. At Cloward Trial Lawyers, we will assist you and fight for the compensation your family deserves.
Resources Related To Wrongful Death Claims:
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At Cloward Trial Lawyers, we help victims of personal injuries around Las Vegas, Nevada. We have an office in Las Vegas, Nevada, at 6830 W Oquendo Rd #202, Las Vegas, NV 89118, USA, United States. Find us with our GeoCoordinates: 36.082071803788246, -115.24124737372571
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Pursuing a wrongful death case for a deceased loved one is a complex process that is often time-consuming and emotionally difficult. Our experienced wrongful death 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.
Fighting for injury victims and their families.
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.
This page has been written, edited, and reviewed by legal writers following our comprehensive editorial guidelines. This page was approved by attorney Ben Cloward, who has over 20 years of legal experience as a practicing personal injury attorney.
The chances of a successful wrongful death case depend on the strength of the evidence, the clarity of liability, and how damages are documented. At Cloward Trial Lawyers, we evaluate each case individually, drawing from years of focused legal work in Las Vegas and throughout Nevada. A transparent chain of causation between the negligent act and the fatal outcome is essential.
Key elements that strengthen your position:
Nevada’s wrongful death statutes, found in the Nevada Revised Statutes Chapter 41.085, lay out specific rights for surviving family members to recover damages. Our team uses these laws to build clear, outcome-driven claims.
In accordance with Nevada law, NRS 41.085, a wrongful death claim may be brought by a close family member or the personal representative of the estate of the deceased. This will usually involve:
They can claim emotional and economic damages, such as the cost of the funeral, loss of income, and damage caused by emotional suffering. However, if multiple relatives qualify for compensation, the court will determine how the compensation will be given.
At Cloward Trial Lawyers, we carefully walk families through this process, ensuring every qualified claimant is represented fairly.
While some claims resolve in a matter of months, more complex cases can take a year or longer. The timeline depends on:
Here’s a typical progression:
We keep our clients informed at every phase. Our Las Vegas wrongful death lawyer will always let you know where your case stands and what comes next.
Learn more: How Long Does a Wrongful Death Lawsuit Take?
Start your Free Case Evaluation by using the form below. You’ll get a fast response from one of our team members, or you can call our office at 702-605-5000.
Cloward Trial Lawyers
6830 W Oquendo Rd., Ste. 202, Las Vegas, Nevada 89118
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