If your loved one has passed away and you believe it was due to the negligence of another party, consult with a Las Vegas wrongful death attorney at Benson & Bingham Accident Injury Lawyers, LLC. We understand that wrongful death is a complex, painful situation, and are well-versed in Nevada laws regarding wrongful death. Let us offer sound legal counsel and assurance that justice will be done.
The term wrongful death is defined in the legal realm as the death of a person caused by the wrongful act of another person. The type of acts listed in this definition include:
The legal process by which the family members of the decedent are permitted to recover damages is known as a wrongful death lawsuit. This is a civil action that generally must be filed in court within two years after the death occurs. Those who are permitted to file a wrongful death lawsuit in Las Vegas include the decedent’s spouse or domestic partner, the decedent’s children, the parents of the decedent if there is no spouse or children, and a personal representative of the decedent’s estate.
The statute of limitations in Nevada regarding a wrongful death lawsuit is within two years of the date of the person’s death, or the date that the death was discovered. A competent wrongful death lawyer in Las Vegas can guide you through the steps of the filing process.
Wrongful death cases are not only devastating to survivors, but also they are complicated. An experienced wrongful death attorney can give advice about the case, including who has the right to bring a claim, what the claim can include, and whether to set up an estate. The experienced attorneys at Benson & Bingham Accident Injury Lawyers, LLC have offices in Las Vegas and deep roots in the community.
Medical costs resulting from the treatment of the decedent’s final injury, as well as funeral, burial and/or cremation expenses.
Lost wages and benefits, including those the deceased would have likely earned, had he or she lived to retirement age.
Loss of companionship, affection, guidance, and care that was provided to the family member by the deceased.
Heirs can also recover damages from multiple non-economic damages under Nevada law, including pain and suffering, loss of consortium, and sorrow and grief.
The significant other of the decedent can receive compensation for their loss of love, companionship, comfort, sexual relations, and the ability to have children.
In cases where the decedent experienced significant pain or trauma prior to their death, their loved ones can recover damages for the pain and suffering.
Each attorney at Benson & Bingham carries decades of experience representing clients in all types of personal injury and wrongful death cases. Our dedication to bringing justice and closure as we advocate for our clients is evident throughout the legal process, and we are proud to offer personal representation and close communication to you.Meet the Attorneys
Our Las Vegas law firm has recovered almost $500 million in total for clients seeking compensation and damages in personal injury cases. We fight for justice and maximum compensation.
Recently, Benson & Bingham advocated for a client who had lost their loved one in a parking lot accident. We utilized our knowledge and experience, and were able to recover over $400,000 for their pain, suffering, and losses.
In Nevada, the maximum settlement a family member can receive for the wrongful death of their loved one is typically $300,000, depending on the circumstances. At Benson & Bingham, we will always fight for maximum compensation for you.
As an experienced legal team, Benson & Bingham Accident Injury Lawyers, LLC is prepared to tackle difficult insurance companies, pursue investigators, gather critical facts leading to your loved one’s death, and help establish an estate. Schedule a no-obligation consultation today!
You must show that the at-fault party was liable for the death. Liability is proven by establishing the following elements of negligence:
In addition to proving liability for your loved one’s death, you must also show the damages that the deceased’s family experienced, such as expenses and non-economic life impacts.
In order to prove that another party was at fault for the wrongful death of your loved one, you must be able to show without doubt that they failed to act like a reasonable person, and that this action caused injury and resulting death. The jury and court will use the typical standard of behavior to determine if the accused party was truly negligent.
It is essential to your claim to be able to prove economic and non-economic damages. Economic damages include physical strains such as vehicle repairs, doctor bills, and financial strain from daily bills, while non-economic damages include emotional distress, suffering, and the loss of relationship. Using paperwork such as receipts, medical records, bills, and vehicle repair estimates provides reasonable proof for your claim.
Our Las Vegas accident injury law firm represents clients whose loved one was struck and killed in a vehicle accident. They may have been a passenger, another driver, or a pedestrian.
Improper precautions on a worksite or unsafe practices create an environment where injury can easily occur. Faulty, unmaintained equipment is another cause of negligence and wrongful death.
If your loved one was in a nursing home that was understaffed, poorly trained, or fostered an environment of abuse that led to their death, you could receive maximum compensation.
When a product is proven to be defective whether through its design, assembly, or marketing, and results in someone losing their life, a wrongful death claim can be filed.
Equipment that has not been properly maintained, cared for, or stored that causes someone to die as a result, the decedent’s family is entitled to compensation from the responsible party.
For a bicycle fatality to be considered a wrongful death case, it must be proven that someone’s negligence caused the accident. This could be through reckless driving or impaired driving.
When pedestrians are struck and killed by a moving vehicle, it is considered negligence and wrongful death. Our Las Vegas reckless driving attorneys can help you file a claim.
Medical malpractice means that a medical provider’s carelessness led to the death of your loved one as their patient. You are entitled to compensation for the pain and suffering.
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:
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.