A wrongful death lawsuit is a type of personal injury claim filed by the surviving family of a fatally injured victim. If their death resulted from an act of negligence or illegal misconduct, and they would have had grounds to file a personal injury suit if they had survived, their family would likely have grounds to file a wrongful death case. But who can file a wrongful death lawsuit in Las Vegas?
Las Vegas is one the biggest tourist destinations in the United States, and the city hosts millions of visitors every year. It’s possible for fatal injuries to happen in many ways, and the leading causes of wrongful deaths in Las Vegas include motor vehicle accidents, medical malpractice, and work-related injuries. If you believe another party is responsible for a family member’s death, it’s vital to consult a Las Vegas wrongful death lawyer as quickly as possible.
Who Can File a Wrongful Death Lawsuit in Las Vegas?
Nevada law restricts eligibility to file a wrongful death suit to the family of the victim. If the deceased had an estate plan in place, the personal representative of the deceased can file the wrongful death suit. If they did not have an estate plan, then their surviving spouse and children would be first in line with the right to file a wrongful death case, followed by surviving parents, siblings, and other close relatives.
If you are unsure whether you are eligible to file a wrongful death case in Las Vegas, it is crucial that you consult an experienced attorney right away. There is just a limited window to file the claim, and you will need time to gather the evidence needed to establish fault for the death.
Just like in any other personal injury case, a plaintiff in a wrongful death case must identify the party who caused the death and prove how they caused it before they can recover any compensation for their damages.
According to Centers for Disease Control and Prevention (CDC) data, there were more than 227,000 unintentional injury deaths in the United States in 2022. Of those deaths, more than 44,500 resulted from motor vehicle accidents. Other leading causes of unintentional deaths included medical malpractice, unintentional poisoning, and workplace accidents.
While not every accidental death forms grounds for a wrongful death suit, the determining factor as to whether you have grounds to file such a case is whether the death happened due to a specific party’s negligence or misconduct. Just like in any other personal injury case, the plaintiff in a wrongful death suit must prove fault, and they seek compensation on behalf of the surviving family and beneficiaries of the victim.
Success with a wrongful death suit in Las Vegas will require proving that the defendant directly caused the death. They must identify the defendant and then prove the defendant’s negligence or misconduct directly caused the victim’s fatal injury. Their attorney can help them calculate the total economic and non-economic damages they are eligible to claim from the defendant if they win their case.
The attorneys at Easton & Easton have successfully represented many past clients in difficult wrongful death cases in Las Vegas. We know the emotional stress anyone is likely to face in the aftermath of a family member’s unexpected death, especially when they know the death was the result of negligence or illegal misconduct. If you believe you have grounds to file a wrongful death suit, we can explain the eligibility requirements and help you file your case.
FAQs
Who Can Bring a Wrongful Death Claim in Nevada?
The personal representative of the victim’s estate can bring a wrongful death claim in Nevada. If they did not name a personal representative, their surviving spouse can file the claim. If they do not have a surviving spouse, then their children, parents, or siblings would be eligible to file the claim.
How Do You Prove Liability for a Wrongful Death in Las Vegas?
You can prove liability for a wrongful death in Las Vegas using various types of evidence. You must identify the party responsible for causing the death and prove exactly how they caused it in order to hold them accountable. Your attorney can help you gather the evidence you may need, and they can also obtain witness statements if anyone directly saw the fatal injury happen.
How Much Compensation Can You Claim for a Wrongful Death in Las Vegas?
The amount of compensation you can claim for a wrongful death in Las Vegas will depend on several factors. The family of the victim has the right to claim compensation for the financial losses related to the death, such as funeral and burial expenses, lost financial support the victim can no longer provide to their family, and damages to the deceased’s estate. The family can also receive compensation for their mental anguish.
Why Do I Need to Hire a Las Vegas Wrongful Death Lawyer?
You should always hire a Las Vegas wrongful death lawyer because no matter how straightforward you think your case may be, the reality is that you could face many complications as the case unfolds and will need an attorney’s help to resolve these issues. You are more likely to win your case and could have a better chance of maximizing your total compensation if you have the right attorney representing you.
How Long Does It Take to Resolve a Wrongful Death Case in Las Vegas?
The time it could take to resolve a wrongful death case in Las Vegas depends on multiple factors. If liability for the death is clear and you have an experienced attorney representing you, it is possible to resolve your case in a matter of weeks to a few months. More complex cases may take several months or longer to complete. Your attorney can estimate your case’s most likely timetable.
The attorneys at Easton & Easton are confident we can provide the compassionate and results-driven legal counsel you need for your wrongful death case in Las Vegas. You have a short time in which to build your case, so it’s important to connect with an attorney as quickly as possible. Contact us today to schedule a consultation with our team and learn how we can help with your case.
ES