Leading Las Vegas Wrongful Death Lawyer

Under Nevada law, a deceased individual’s heirs and personal representatives can bring a claim for wrongful death. The law defines “heir” as a person who would be entitled to the deceased person’s property under state law if the decedent died intestate (that is, without a will). In Nevada, that could be the spouse, domestic partner, parents, children, and siblings of the deceased person. Heirs are discussed more here.

Specifically, who can bring such claims is covered under NRS 134 or “succession” statutes. This outlines who is a legal heir and had rights to bring a lawsuit. Family relationship may not be enough, and each family member has vested rights. For example, Under NRS 134 parents may lose claims if the deceased child is married or has children. Therefore, it is important to recognize who has legal rights to pursue the wrongful death claims under NRS 134 as a first step in the wrongful death analysis.

The law is complicated, so consult an attorney to determine your eligibility to file such a claim.

Wrongful death claims and criminal claims are two separate legal issues. While wrongful death is based on proving the negligence of another party that ultimately caused the death of your loved one, it refers to accidents and mistakes that were not intentional. When someone is killed intentionally by another person, the state prosecutes the case and it is handled in criminal court.

To ensure your best chance of success, you should retain an attorney to file your Las Vegas wrongful death lawsuit. These cases are often complex and time-consuming. Your attorney can:

• Determine all sources of liability and all insurance resources that are available for compensation.
• File court-required paperwork in the proper jurisdiction and representation at all pre-trial conferences and hearings.
• Guide you through the legal process as well as advice and information that can help you make important decisions in your case.
• Evaluate your case based on the expenses that you have incurred as well as the ways the loss has negatively impacted your life.
• Collect evidence and witness testimony necessary to prove your claims.
• Consult experts, such as medical professionals or accident reconstruction specialists, to strengthen your case.
• Negotiate to obtain a fair settlement on your behalf.
• In lieu of a fair settlement, litigate your case all the way to trial. This includes the delivery of opening and closing arguments, the presentation of evidence, and the examination of witnesses.
• Assist in collecting your settlement or award.
• Provide further representation if the defendant in your case files an appeal.

Let the experienced Las Vegas wrongful death lawyers at Benson & Bingham Accident Injury Lawyers, LLC, help you understand the legal process of recovering damages after the loss of a loved one. Contact us today for a free case evaluation.

If you feel that your loved one has died as the result of negligence, it is vital to contact a lawyer immediately. The first step that must be taken is to determine who is eligible to even file the claim. The right documents must then be completed and filed to start the process. The wrongful death lawyer near you in Las Vegas will help you navigate your next steps.

To file a wrongful death claim in Las Vegas, it is vital that the proper steps are taken to ensure the efficacy of your claim. Schedule a free consultation with your lawyer to discuss the situation and determine if you have a viable case. You will then complete and file a petition and a summons specifying that the defendant is being sued and where the lawsuit will be heard.

Punitive damages refer to anything exceeding simple compensation awarded to punish the defendant. Sometimes punitive damages can be recovered, but it depends on the circumstances surrounding each specific case. With an experienced attorney on your side to help you navigate the process, you have the best chance at getting the compensation you deserve for the death of your loved one.

Typically, you can expect your lawyer to take between 33-40% of the total amount awarded for your lawsuit. For example, if you receive $200,000 in damages, your lawyer could take $66,000-$80,000. At Benson & Bingham Accident Injury Lawyers, LLC, you can trust that we are dedicated to representing our clients with integrity and treating them with priority, without taking financial advantage of them in the process.

Winning a wrongful death lawsuit in Las Vegas hinges entirely on the ability to prove that your loved one died as the result of negligence. You must prove that someone truly was negligent, and that their negligence then caused the death. Benson & Bingham will help you prove the defendant owed a duty of care, that the defendant breached their duty, and your family member died as a result.

After a loved one has died, you may be struggling to cope with the aftermath. You are likely facing upheaval, loss of relationship, emotional struggles, mental struggles, and even physical struggles, affecting every area of your life including your career, family life, and personal relationships. A wrongful death lawyer will determine if you have grounds to file a lawsuit, and will take all the stress off you by negotiating for compensation on your behalf.