Wrongful Death Lawsuits
Las Vegas, Nevada
Wrongful death claims
If you plan to file a wrongful death lawsuit, call us at 702-432-1000 to discuss your case. We may be able to help you receive monetary compensation for the loss of life, medical bills, funeral expenses, and other financial losses.
The initial consultation is always free.
What is wrongful death?
The term wrongful death applies to any case where a person has died because of the negligence or mistake of another person or entity. If the cause of death was the negligence of a person or a corporation, you could sue for damages.
Types of wrongful death cases
Many wrongful death lawsuits are associated with:
- Motor vehicle accidents (cars, motorcycles, trucks, scooters)
- Falling object accidents
- Building collapses
- Small plane crashes
- Helicopter crashes
- Elevator accidents
- Escalator accidents
If you lost a family member in an accident, contact us immediately to discuss your case. We will investigate the fact surrounding the accident to see who is responsible for an accident and develop the best strategies tailored to your specific situation. We don't charge for consultations.
Time limits to bring a case
The statute of limitations for the wrongful death claim in Nevada is limited to two (2) years from the accident date.
How long does it take to settle a wrongful death case?
Each case is different. It could take between one and four years to settle a wrongful death case.
Can a bystander sue?
Not always, but under certain circumstances, family members who witness the death of a family member can sue for emotional and psychological trauma. If you were a bystander in a wrongful death accident and want to know if you have a legal claim, call our office at 702-432-1000 and ask to speak with a wrongful death attorney.
Wrongful death settlements
Some wrongful death cases settled for millions of dollars. Often, the settlement terms and the dollar amount remain private.
The insurance policy limit plays a vital role in determining the wrongful death settlement amount.
The settlement includes the recovery for the loss of life itself, the loss of enjoyment of life, pre-death physical pain and sufferings, and reasonably necessary medical, hospital, and other health care expenses together with funeral expenses.
Wrongful death lawsuits could be challenging, especially when the negligent party is a government entity with a cap of damages. For further information, call our office.
Is suicide in a mental ward considered a wrongful death?
Yes. When a family member is committed to a psych ward or mental health hospital, the facility may place them on suicide watch. Often these facilities are very understaffed and do not have personnel watching the patience on suicide watch. When a suicide happens, it is a huge liability for the facility.
Is murder considered a wrongful death?
No. Murder and wrongful death are very different things. Murder is a criminal case and results in criminal charges, while wrongful death is a civil case where a person or business is liable.
When the hospital is liable
If a person died in a hospital due to medical personnel's negligence, you could sue the hospital for the wrongful death. There are some restrictions to this rule. For example, if a person responsible for the wrongful death is a sub-contractor and not employed by the hospital, you can't sue the hospital. If this is your case, call us so we can advise on your legal options.
When the nursing home is liable
If the nursing home abused and neglected their patients, they could be responsible for the wrongful death.
Who can recover the money?
In Nevada, two kinds of individuals are allowed to recover money in wrongful death cases:
- The deceased person's estate; and,
- The heirs of the dead person.
For more information, check NRS 41.085.
The deceased person's estate
Although the victim of another person's actions may have passed away, their estate can recover monetary damages for their loss. These monetary damages can then be passed on based on a) heritage and b) the deceased person's will.
The deceased person's heirs
Heirs can recover money damages for their grief, loss of consortium (available for a grieving widow or widower), loss of probable support, and pain and suffering.
Can step-children sue for wrongful death?
No. Under Nevada law, step-children are not allowed to recover damages.
Do you have to pay taxes on a wrongful death settlement?
According to the IRS, any lawsuit settlement proceeds that a court awards for physical illness or injury are non-taxable. But there are parts of your wrongful death settlement that could be taxable and usually are specified in your settlement document. It is essential to discuss with your attorney and your accountant which part of your compensation is taxable before signing the settlement agreement.
We can help
Wrongful death cases can be very challenging. Insurance companies don't exactly hand out settlements every time somebody asks for it. To determine fault, often, the reconstruction experts have to be involved who can re-create the accident event step-by-step. It usually happens in motor vehicle accident cases. Besides, to calculate the loss of the decedent's potential earnings and adjust for inflation, the wrongful death attorney often brings economists in as expert witnesses.
If you are suing for wrongful death after losing a loved one, call us at 702-432-1000 to discuss your case and ask to speak with a wrongful death attorney.
All new case consultations are free.
Our no-fee promise
We take all wrongful death claims on a contingency basis, which means you only pay us if we collect the settlement for you.
We represent clients in Las Vegas, Henderson, Summerlin, North Las Vegas, and surrounding areas of Nevada.
Last updated on February 3, 2024.
