Las Vegas Wrongful Death Attorney
In a wrongful death case, not only are you dealing with the tragedy of a life unexpectedly cut short, but also with the knowledge that someone could have prevented it with due care. At Panish Shea & Boyle LLP, it’s our mission to help families recover for the negligence of others after fatal accidents in Las Vegas. After a fatal auto accident, premises liability accident, workplace incident, medical malpractice mistake, or violent crime takes the life of a beloved family member, contact us for legal counsel.
Why Does Wrongful Death Happen?
Any personal injury accident could result in wrongful death if the injuries are severe enough. Unintentional injuries are the leading cause of death in America and the cause of 40.4 deaths per 100,000 people in Clark County, Nevada. Fatal accidents can take place on the roadways, at work, in a hospital, or at a Las Vegas hotel and casino. The most common causes of wrongful death are car accidents, falls, and accidental poisonings.
In 2016, 214 people died in auto accidents in Clark County. Forty-eight of these fatalities involved reckless drunk drivers. The same year, fatal workplace accidents took the lives of 54 workers throughout the state of Nevada. At Panish Shea & Boyle LLP, death is more than just a number. We see the person behind the wrongful death claim. Our attorneys excel at helping juries see the same thing. We know how to get the best possible results for your wrongful death claim, no matter the circumstances of the fatal incident.
Three Nevada Wrongful Death Laws to Know
Nevada law defines “wrongful death” as a death that the “intentional, reckless, or negligent conduct of one party” causes. One way to look at a wrongful death claim is a personal injury claim the decedent could have brought if the accident hadn’t been fatal. The same elements and burdens of proof exist in both personal injury and wrongful death claims in Nevada. The laws regarding wrongful death, however, are different. Three of the most important are:
- Statute of limitations. Claimants in Nevada have two years from the date of the deceased person’s death to file a wrongful death claim against the defendant. Missing this deadline generally means the court refusing to hear the case. Don’t wait until the end of your statute of limitations – contact an attorney from Panish Shea & Boyle LLP as soon as possible.
- Who can file? The parties eligible to file for wrongful death differ from state to state. In Nevada, the representative of the decedent’s estate, a surviving spouse or domestic partner, and surviving children have the right to bring this type of claim. Surviving parents also have the right if no surviving spouse or children exist. Others may also qualify if they can prove their financial dependence on the decedent.
- Damages available. A claimant can receive payment for the decedent’s medical bills, property damage, lost wages, and benefits. The plaintiff could also receive compensation for reasonable funeral and burial expenses, loss of inheritance to heirs, and loss of the loved one’s care, affection, guidance, and companionship. In cases involving gross negligence or intent to harm, the courts may also award punitive damages.
If you have recently lost a loved one, contact Panish Shea & Boyle LLP. Our wrongful death lawyers will take care of the legal aspects of your claim while you focus on grieving and healing with your family. Whether your loved one passed away in a car crash or workplace incident, we can help you explore your rights as a surviving family member or estate representative. Initial case reviews are always free and confidential. Call (702) 560-5520 to schedule your wrongful death consultation in Las Vegas today.