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Las Vegas
Wrongful Death Attorney

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Wrongful Death Lawyer in Las Vegas

A wrongful death occurs when someone dies because of another person’s reckless, negligent, or unlawful act.

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.

Why Choosing Cloward Trial Lawyers to Represent your Wrongful Accident Case?

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 $200 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:

  • $20 million wrongful death settlement against Jacuzzi
  • $20 million for wrongful death due to negligent security
  • $38.6 million for negligent security against an apartment complex
  • $21.05 million for bus transportation negligence
  • $7.75 million for casino negligence

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.

Who is Eligible to File a Wrongful Death Claim?

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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Nevada Wrongful Death Laws

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.

Wrongful Death Statute of Limitations in Las Vegas

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.

Las Vegas Wrongful Death Attorneys at Cloward Trial Lawyers

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.

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Defining Wrongful Death

A claimant in Nevada can pursue a wrongful death claim when they lose a loved one due to someone else’s:

  • Wrongful act
  • Intentional act
  • Recklessness
  • Carelessness
  • Negligence

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.

Common Types of Wrongful Death Cases

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.

  • Medical Malpractice: A doctor or other medical professional commits an act or fails to provide adequate care that results in the death of their patient.
  • Motor Vehicle Accidents: Fatal motor vehicles are among the most common types of wrongful death lawsuits in Nevada.
  • Premise Liability: If someone dies because of a dangerous condition on premises, such as a slip and fall or falling object.
  • Product Liability: A defective product causes someone’s untimely passing.
  • Criminal Action: Civil wrongful death lawsuits can be proposed in criminal manslaughter and murder cases.
  • Workplace Accidents: An employer is responsible for keeping their employees safe; when fatal accidents occur, they can be held liable for wrongful death.

Proving Fault in Wrongful Death Accidents

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:

  • The victim is dead, confirmed by a legal death certificate.
  • The defendant must be identified in evidence to prevent mistaken identities and false accusations.
  • There is a direct link between what the defendant did, or did not do, that caused the victim’s death.
  • The deceased person died because of the incident in question.
  • There are economic or noneconomic damages that occurred.

With this proof of liability established, you can pursue compensation for damages done by filing a wrongful death lawsuit.

Wrongful Death Damages in Nevada

In Nevada, wrongful death damages can include economic losses, non-economic losses, and punitive damages.

Economic 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.

  • Medical bills for medical treatment relevant to the wrongful death incident.
  • Funeral and burial expenses.
  • Lost wages of the deceased person
  • Lost medical benefits of the deceased person

Non-Economic Damages

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.

  • Pain and suffering
  • Loss of care
  • Loss of consortium
  • Pain and suffering the deceased person experienced before death

Punitive Damages

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.

Determining Pecuniary Loss

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.

The Process of Pursuing a Wrongful Death Settlement or Award

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:

1

Gather Evidence

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.

2

Negotiate with Defense Counsel

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.

3

File a Lawsuit

If parties can’t reach a settlement during pre-suit negotiations, our attorneys will file a wrongful death lawsuit.

Why Cloward Trial Lawyers Is Different

Fighting for injury victims and their families.

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Award Winning
Attorney

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.

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No Fee Unless
We Win Your Case

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.

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Track Record of
Successful cases

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.

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Dedicated to
Our Clients

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.

Nevada state laws specifically outline who is eligible to file a claim, including a legal spouse, children, parents, and siblings. In some circumstances, legal guardians or other relatives may be able to file the claim as well. Additionally, if the deceased person has a will, any person named in the will can file a wrongful death claim.

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.

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:

  • A person is deceased.
  • The deceased person died because of the incident.
  • A wrongdoing or negligence of another person or entity caused the incident.
  • You have accrued damages because of the person’s death.

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

Request Free Consultation

Start your Free Case Evaluation by using the form below. You’ll get a fast response from one of our team members or call our office 702-605-5000.

Cloward Trial Lawyers
9950 W Cheyenne Ave Las Vegas, NV 89129

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