Las Vegas Wrongful Death Lawyer

Was someone you love killed in a fatal accident in Las Vegas, NV? If someone else is responsible, Battle Born Injury Lawyers will work to hold them accountable.

For more than a decade, we’ve helped families recover compensation after tragic accidents. Our Las Vegas wrongful death lawyers can help you get justice for your loved one.

We know that no amount of money can fill the void after a loved one’s death, but you should not have to worry about your financial stability on top of the grief and loss you and your family are suffering.

We bring over 85 years of collective legal experience to your case–and a winning track record resulting in over $100 million in compensation for our clients. We offer free consultations, so call our team today to learn more about how we can help at (702) 570-9000.

How Battle Born Injury Lawyers Can Help After an Accident in Las Vegas

How Battle Born Injury Lawyers Can Help After an Accident in Las Vegas

Losing a loved one is always hard. When someone else is responsible, they need to be held accountable. But you do not need to spend your valuable time and energy fighting with insurance companies or at-fault parties. That’s where we come in. 

When you hire our Las Vegas personal injury lawyers, we will:

  • Handle all paperwork related to your wrongful death claim or lawsuit
  • Investigate the cause of your loved one’s death and identify all parties who contributed to the accident or illness
  • Hire experts to review the evidence and support your case
  • Handle all communications and negotiations with insurance companies
  • Present your case to a jury if the insurance company does not present a fair settlement offer

We know that you may be dealing with a sudden loss of income on top of everything else. That’s why we work on a contingency basis–you pay nothing upfront, and you only pay our legal fees if we recover compensation for you.

You owe it to you and your family to get award-winning legal representation, and that’s what you’ll get with our team. We’ve been ranked by Super Lawyers, earned a perfect 10 rating on Avvo, and recognized in Nevada Business Journal’s Legal Elite. And we’re ready to get started on your case today in Las Vegas, Nevada. Call now for a free case evaluation.

What Is Wrongful Death in Nevada?

Nevada statutes provide for a civil action for wrongful death. Wrongful death is the death of a person caused by the wrongful or negligent action of another person. 

Sometimes the wrongful act may result in criminal charges, such as a DUI or assault. Criminal cases are separate from the civil wrongful death lawsuit. The criminal justice system may impose penalties on the wrongdoer, but the decedent’s family members still have the right to seek damages in a civil lawsuit.

We Handle All Types of Wrongful Death Cases in Las Vegas

An untimely death can happen in connection with almost any accident. Even injuries that seem mild–particularly head injuries–can take a sudden turn for the worse.

Wrongful death cases can arise from:

Some cases may involve multiple defendants or may require coordination with workers’ compensation benefits. We have decades of experience handling all types of wrongful death cases and are well-prepared to handle even the toughest defendants and the most complex scenarios.

Can I Recover Compensation If My Loved One Is Being Blamed For a Fatal Accident in Nevada?

It’s possible, but it’s a common and hard-fought issue. Nevada follows a modified comparative negligence rule with a complete bar to compensation if the decedent’s negligence caused more than 50% of their fatal injuries. That’s a stricter rule than in some other states.

That’s why it’s so important to have the right lawyer representing you in your wrongful death claim. Insurance companies will fight hard to blame your loved one for their own death so that they can get out of paying what they owe.

What Causes Most Wrongful Death Accidents in Las Vegas, NV?

It’s a sad fact that most accidents are preventable. In fact, many safety advocates would like to see car crashes not referred to as “accidents” at all. While true accidents do occur, most fatal events are caused by someone’s negligence.

Wrongful death can occur due to:

  • Driving under the influence
  • Speeding
  • Negligent security
  • Negligent maintenance of vehicles or equipment
  • Defective machinery or safety equipment
  • Broken or crumbling sidewalks, stairs, or asphalt
  • Distracted driving
  • Negligent supervision
  • Lack of training of drivers or construction workers
  • Medical errors

Unfortunately, there is an almost endless list of things that can result in preventable deaths. We frequently see more than one contributing cause. For example, a truck driver who causes a wreck when he ran a red light is negligent, but he may work for a trucking company that could also be held responsible.

The truck may have been not up-to-date on maintenance items, and another company may have been responsible for maintenance. We meticulously investigate each case to hold all parties responsible for their role in your loved one’s death.

How Do I Prove Negligence After a Fatal Accident in Nevada?

To win your wrongful death case, you must prove that the actions of the defendant were wrongful or negligent. If there is a criminal case related to wrongful conduct, such as an assault, we will coordinate with law enforcement and monitor the criminal case.

However, most cases are based on negligence, which means that the defendant failed to act reasonably under the circumstances.

You’ll have to prove the four elements of negligence by a preponderance of the evidence:

  • Duty: the defendant owed you a duty of care
  • Breach: the defendant breached that duty
  • Causation: the defendant’s breach of duty was the cause of your loved one’s death
  • Damages: you suffered actual damages as a result

Evidence used to prove your case will vary depending on the circumstances but may include:

  • Eyewitness or expert testimony
  • Medical records
  • Police reports
  • Video footage from security, traffic, or dashboard cameras
  • Toxicology reports
  • Employment records

We have a trusted network of experts ready to jump in to help us with technical aspects of your case–whether that’s analyzing a vehicle crash, examining the cause of a crane collapse on a construction site, or performing a detailed review of medical treatment.

Who Can Bring a Wrongful Death Claim in Nevada?

Under Nevada law, the heirs of the decedent and the personal representative of the decedent may each bring a separate wrongful death claim. These claims may be combined into the same lawsuit.

It’s important to note that the heirs are surviving family members as defined by statute and may be different from the beneficiaries named in the decedent’s will. 

Heirs include:

  • Spouse
  • Child
  • Parent
  • Sibling
  • Other relatives

And the personal representative may or may not be an heir. The personal representative generally is named in a person’s will. 

If all of this sounds complicated, that’s because it is. A wrongful death claim isn’t something you want to try to navigate on your own.

What Damages Are Available in a Wrongful Death Case in Nevada?

The types of damages available in a wrongful death claim in Nevada are defined by statute. 

Heirs of the decedent can seek compensation for:

  • Their grief or sorrow
  • Loss of probable support, companionship, society, comfort, and consortium
  • Damages for pain & suffering, or disfigurement of the decedent

Any debts of the decedent cannot be claimed from any proceeds recovered by heirs in a wrongful death lawsuit.

A personal representative of the decedent can seek compensation for:

  • Medical expenses the decedent incurred or sustained before the decedent’s death
  • Funeral expenses
  • Punitive damages

This does not include damages for pain, suffering, or disfigurement of the decedent. Debts of the decedent may be required to be taken from the proceeds recovered by the personal representative in a wrongful death claim.

Again, these cases can be extremely complicated. Luckily, we routinely handle complex cases, and you will not have to worry about any of the details when we take on your case.

How Long Do I Have to File a Lawsuit After a Fatal Accident in Nevada?

You must file a wrongful death lawsuit within two years of the person’s death. That’s the statute of limitations in Nevada for personal injury or wrongful death lawsuits. There may be some circumstances that warrant an exception, so it’s always best to consult an attorney sooner rather than later. 

Giving your lawyer time to do a comprehensive investigation and evaluate all legal options will put you in the best position to get the maximum compensation for you and your family.

Contact Our Las Vegas Wrongful Death Lawyers For a Free Consultation

If you recently lost a loved one due to someone else’s negligence, you may be entitled to compensation in a wrongful death case. The Las Vegas wrongful death attorneys at Battle Born Injury Lawyers have recovered over $100 million in life-changing settlements and verdicts for families like yours.

We give every client our full attention, and we give every case our complete dedication and resources. Call today to learn more about how we can help–initial consultations are free, so call now.

Our personal injury law firm in Las Vegas, NV also provides: