Las Vegas Wrongful Death Lawyer

What Can You Do to Help Your Wrongful Death Claim?

If your loved one passes away due to the actions of another person or party, there are steps you can take to start building and supporting a wrongful death claim right from the start. Knowing what to do – and what not to do – can help you build a stronger foundation for your claim.

Preserve Evidence

Start by writing down a description of events. Create a clear timeline with dates, times, and the names of parties involved. Preserve and collect evidence, such as documents and information that are relevant to the case. This may include your loved one’s medical records, a coroner’s report, police report, photographs and videos, witness statements, and physical evidence.

Document Your Losses

Document all losses and expenses related to your loved one’s death. Keep track of medical bills, funeral costs, out-of-pocket costs, and relevant receipts. Maintain notes or a journal about how the death has affected you and your family emotionally, as well.

Be Wary of Insurance Companies

When you file a claim with an insurance company to pursue damages for your loved one’s death, the insurance claims adjuster assigned to you may sound friendly and sympathetic. Be wary, however, as this is a tactic to get you to trust the insurer and be more willing to accept a lowball settlement offer.

Don’t accept a quick settlement. Don’t agree to give the insurance adjuster a recorded statement about the death or your losses, either. Instead, refer all communications with insurance companies to your wrongful death lawyer. A lawyer can take over these conversations to preserve your family’s rights.

Choose the Right Attorney

One of the most important things you can do to help your wrongful death claim in Las Vegas is to find the right attorney. Look for a lawyer with years of experience handling wrongful death cases in your region. Ask the attorney about success rates and past settlements, and judgment awards. While this doesn’t guarantee future success, it demonstrates the lawyer’s ability to win.

Look for a law firm that truly cares about its clients and offers personalized legal representation. The lawyer you choose should communicate with your family openly and honestly about your case, with frequent case updates. The right lawyer will also provide emotional support and compassion during this difficult time.

Understanding Wrongful Death Laws In Las Vegas

Statute of Limitations for Wrongful Death Claims

After a wrongful death, a clock begins that gives heirs, or the personal representative of the estate, two years to file a wrongful death claim with insurance or pursue a lawsuit. Under Nevada’s wrongful death statute, any claim filed after this two-year period will be barred. There are some exceptions, however. If the death was caused by medical negligence, the deadline is three years from the date of the injury or two years from the date the injury was discovered (as of October 1, 2023), whichever comes first. Because the state of Nevada strictly enforces these deadlines, if you believe your loved one died due to negligence, please contact our Las Vegas wrongful death lawyers at Benson & Bingham Injury Law immediately.

Who Is Eligible to File a Wrongful Death Lawsuit in Las Vegas?

If you have lost a loved one due to negligence or recklessness in a wrongful death accident, you may wonder whether you can file a wrongful death claim. Not every relative is eligible, as the law only allows certain people to file. Those who can pursue a claim include the personal representative of the estate or their statutory heirs. Statutory heirs may include a surviving spouse, children, or—if there is no spouse or children—the parents of the deceased. In some cases, other close relatives who were financially dependent on the person may also file.

However, if you were not dependent on the deceased in some way, you cannot file a claim, even if you were very close to your relative.

Damages Available in a Las Vegas Wrongful Death Claim

You can claim both economic damages and non-economic damages in a wrongful death lawsuit. Economic damages include loss of financial support, loss of household services, funeral expenses, medical expenses, and burial expenses, among other costs. Non-economic damages that can be recovered include loss of companionship, grief, mental suffering, loss of affection, and more. Additionally, the surviving family members might have different damages they can file than the estate. Damages for the estate must be more economic. Damages for family members might be both economic and non-economic.