Nevada Wrongful Death Lawyer

An untimely death is one of the most tragic things that can happen to a person. As wrongful deaths are caused by the negligence or ill-intention of a responsible party, the responsibility of bringing those at fault to justice falls onto the surviving family members. While it is a difficult thing to do, especially while you are mourning your losses, it is vital you seek a wrongful death lawyer who can help guide you through the legal process.

If you or a loved one have lost someone near and dear due to someone else’s negligence or ill intent, then you can file a wrongful death lawsuit to recover damages. At West Coast Trial Lawyers, our team of wrongful death attorneys handle each case with the utmost care and integrity to ensure our clients that they will get the justice they deserve for their losses.

We have recovered over $1.6 billion in compensation for our clients and our dedicated team of wrongful death lawyers are available 24/7 to assist you throughout the entire legal process. While we understand that there is no amount of money that can replace a person’s life, we believe a fair compensation will serve a practical means to help you mourn for your losses and cover expenses that may arise in your loved one’s untimely demise.

We run on a contingency-fee basis, meaning you pay no fees until you win. To schedule a FREE initial consultation, you can get in touch with us by calling us at (213) 927-3700 or by filling out our quick online contact form.

Who Can File a Wrongful Death Claim?

According to section 41.085 of the Nevada Revised Statutes, the personal representative of the deceased person’s estate can file a wrongful death claim to the responsible party in order to recover economical, non-economical, and even punitive damages. As such, the spouse, parents, direct children, and siblings can file a claim for the deceased person, however, an assigned beneficiary or heir may also file a claim for the deceased if there is no immediate spouse or family available to do so.

Common Types of Wrongful Death Accidents

The Center of Disease Control (CDC) has reported in a Statewide Stats report, that accidental deaths are one of the leading causes of death in 2017. With that in mind, there is a wide range of accidental deaths that are categorized under this, from car accidents to medical malpractice.

From what is typically seen in Nevada, traffic accidents, defective products, medical malpractice, violent crimes, and police misconduct are some of the most common wrongful death claims seen. So if you are going to file a wrongful death claim, it is important to familiarize yourself with the differences between these types as each one brings a unique set of challenges for your wrongful death lawyer to handle.

Traffic Accidents

Traffic accidents are one of the most common types of accidental deaths to occur due to the amount of drivers on the road. The National Highway Transportation Safety Administration (NHTSA) has reported in a 2021 Motor Vehicle Traffic Crash report that there were an estimated 6,102,936 police-reported traffic crashes with about 42,939 people killed. Additionally, in an adjacent report the NHTSA have deduced that in a 2015 Crash Stats Fact Sheet that about 74% of car accidents were caused by negligent driver error, such as speeding, drunk driving, or drowsy driving.

If your loved one’s untimely death was due to a car accident, it is vital you gather evidence for your wrongful death claim, so you can submit it to the courts and to the responsible party’s insurance company. While it can be difficult to file a wrongful death claim while you are mourning for your loss, it is vital that you or your lawyer begin making the appropriate filings or else it becomes more difficult and time consuming to recover damages.

Defective Products

A wrongful death from a defective product is when a person unfortunately passes due to a malfunction in a product. The malfunction can range from a manufacturing error to the accidental usage of toxic materials. According to the Consumer Product-Related Injuries and Deaths report conducted by the U.S. Consumer Product Safety Commission, there were an estimated 50,900 deaths associated with consumer products in 2019.

With that in mind, there are multiple parties that can be held liable for your loved one’s death. For instance, the company that has designed the product, the manufacturer, the distributor, and even the brick-and-motor retail that sold the product can be held liable for negligent conduct. Depending on the scale of the defective product, a class action lawsuit can be filed for those who have perished in this tragic accident.

Medical Malpractice

According to section 41A.015 of Nevada’s Revised Statutes, medical malpractice is defined as the failure of a health care provider/professional to use appropriate services and reasonable care to treat their patients. As Nevada law defines this as a ‘professional negligence’ to those in need, there is a fine line between a wrongful death and a normal death in a hospital.

For example, doctors cannot be held liable for a person’s death if they die from an incurable disease or medical condition. The same rule applies to those who have suddenly passed from an abrupt change in their medical condition, because medical professionals can only do so much when a patient is in a severe and critical condition.

However, if you believe that your healthcare providers did not do their due diligence in providing the necessary healthcare for your loved one, then you may be eligible to file a claim, however, you must provide enough evidence to conduct an investigation. As medical negligence is a serious offense, it is important that you specifically define how the healthcare provider was professionally negligent in their duties. Any of the following actions can be classified as medical malpractice, however, if you are unsure if your claim has any legal standing it is important that you consult with an experienced wrongful death attorney.

• Incorrectly diagnosing a patient
• Deliberately ignoring/misinterpreting lab results
• Failing to notice the patient’s symptoms
• Recommending unnecessary surgeries
• Making mistakes during a procedure/surgery
• Showing a lack of care or attention for a patient’s past history of health problems
• Assigning the wrong medication/dosage
• Ordering the wrong lab tests
• Not properly setting up a follow-up or aftercare

Violent Crimes

Violent crimes are usually defined as an intentional or reckless act of harm and they are further categorized as either murder or manslaughter. According to a 2023 Violent Crimes Report conducted by the state, there were 13,582 violent crime cases and the cases that involved murder and manslaughter made up 1.6% of the total. While the percentage may seem low compared to other types of crimes, this doesn’t make anybody any more immune from it occurring to someone close to you. As such, if you file a wrongful death case for a violent crime case, you can sue for non-economical and punitive damages.

Police Misconduct

Police misconduct is referred to as an inappropriate or unlawful act committed by police officers while they are on their duty. These types of wrongful death claims are one of the most unfortunate and complex because police misconduct and brutality is a controversial nationwide issue that divides a lot of people. However, according to a statewide report conducted by the Police Scorecard Project, police accountability is ranked in the lower 25 percentile range, meanwhile, police violence is ranked in the top 61 percentile range.

With that in mind, filing for a wrongful death claim in Nevada is going to be incredibly challenging, because police departments may try to invoke immunity from legal action to protect and possibly justify the officer’s actions. It is important that you and your attorney gather as much evidence of the incident as possible in order to seek justice for those responsible.

What Kind of Damages Are Awarded in a Wrongful Death Lawsuit?

Wrongful death victims can pursue economic and non-economic damages for a wrongful death claim. For example, it is common for wrongful death cases to compensate surviving family members for the burial and funeral costs of the deceased person, because it is an unexpected financial burden for the surviving spouse and family members.

However, depending on the nature of the case, lost wages, emotional pain and suffering, and medical bills can also be awarded as compensation. While there is no amount of compensation that will ever bring the deceased back to life, a fair compensation can help alleviate any financial burdens that have been placed with a fatal accident.

How Long Do You Have to File a Wrongful Death Claim in Nevada?

According to section 11.190 of Nevada’s Revised Statutes, you have up to two years from the date of the incident to file for a wrongful death claim. Much like a personal injury claim, if your case is not filed within that time frame, you would lose the right to recover compensation, damages, and to bring justice to the person responsible. Any attempt to file a wrongful death case would be dismissed according to Nevada law, so it is important to contact a law firm with a team of wrongful death lawyers so they can handle your case immediately.

Need a Nevada Wrongful Death Attorney?

Wrongful death claims are a stressful and emotionally taxing experience that not many people can handle objectively. So if you or a loved one was a victim of a wrongful death due to someone else’s negligence then you may be able to file a claim with an experienced attorney to recover damages.

At West Coast Trial Lawyers, our team of wrongful death lawyers handle each case with the utmost care and integrity and we will be there every step of the way to answer any legal concerns you may have. We are a personal injury law firm with over 20 years of experience, and our wrongful death lawyers are well versed in Nevada law, so whether you are in Reno, Las Vegas, or Henderson, our legal team is available 24/7 to discuss your case.

We have recovered over $1.6 billion in financial compensation for our deserving clients and we will continue to fight for their rights and help bring closure to the surviving family members. Our attorneys will help you recover financial and emotional compensation for damages such as emotional distress, lost wages, funeral expenses, pain and suffering, and any outstanding medical bills from the deceased.

To schedule a FREE consultation, we welcome you to reach out to our 24/7 legal team by calling us at (213) 927-3700 or by completing our easy online contact form.

Most Frequently Asked Questions About Wrongful Deaths In Nevada

How Difficult is A Wrongful Death Lawsuit?

The difficulty of a wrongful death claim will vary on a case-by-case basis. However, wrongful death cases against a government, or medical institution may prove to be more challenging due to the amount of proof that is necessary to prove negligence or misconduct.

How Much Compensation Can I Receive For A Wrongful Death Lawsuit?

While there is no amount of value that can be placed on a human life, wrongful death cases typically average around the six to seven figure range. This awarded range generally covers all funeral costs and legal fees while leaving enough for the deceased’s family and spouse to use at their own discretion.

What if a Person Dies Before Bringing a Personal Injury Lawsuit?

If a person brings a personal injury case and perishes from the sustained injury, then the surviving spouse or family member can take over the case and present it as a wrongful death suit as per NRS section 41.100.