Losing a loved one is one of the most painful experiences a family can go through. It is even harder when that loss was caused by someone else’s carelessness or negligence. If you are grieving the loss of a family member due to a fatal accident in Las Vegas, you need compassionate support and strong legal guidance. A Las Vegas wrongful death lawyer can help you understand your rights and fight for the justice your family deserves.

At The Super Lawyer, we understand that no amount of money can replace your loved one. However, a wrongful death claim can provide financial stability for your future and hold the responsible parties accountable. We handle the legal burden so you can focus on healing.

Understanding Wrongful Death in Nevada

A wrongful death occurs when a person dies due to the “wrongful act or neglect” of another person or entity. Under Nevada wrongful death law (NRS 41.085), this is a civil claim. It is separate from any criminal charges the state might file. While a criminal case punishes the offender, a civil wrongful death lawsuit is designed to provide compensation to the surviving family members and the estate of the deceased.

To win a case, we must prove negligence. This means showing that the defendant owed a duty of care to your loved one, they breached that duty, and that breach directly caused the death. The standard of proof in these civil cases is a “preponderance of the evidence,” which is lower than the standard used in criminal courts.

Who Can File a Wrongful Death Lawsuit in Nevada?

Nevada law is specific about who has the legal standing to file a claim. Generally, there are two types of plaintiffs in these cases:

• The Heirs: This usually includes the surviving spouse, domestic partner, and children. If there is no spouse or children, parents or other next-of-kin who would inherit under Nevada’s laws of intestate succession may be able to file.
• The Personal Representative: This is the person appointed to manage the estate of the deceased. They file a claim to recover costs that the estate incurred, such as medical bills and funeral expenses.

Our attorneys can review your family situation to determine exactly who is eligible to be a beneficiary in a lawsuit.

Common Causes of Wrongful Death in Las Vegas

Las Vegas is a busy city with millions of visitors, which unfortunately leads to many types of fatal accidents. We handle cases involving:

• Motor Vehicle Accidents: Fatal car crashes, truck accidents, and motorcycle accidents are common on busy roads like I-15 and the Las Vegas Strip.
• Pedestrian Accidents: With heavy foot traffic, pedestrians are often at risk from distracted drivers.
• Premises Liability: This includes slip and fall accidents, swimming pool drownings, or negligent security at hotels and casinos.
• Medical Malpractice: Surgical errors, misdiagnosis, or birth injuries caused by healthcare professionals.
• Workplace Accidents: Fatalities on construction sites or other dangerous job environments.
• Criminal Acts: Deaths caused by assault, DUI crashes, or other crimes.

Compensation and Damages Available to Families

The goal of a wrongful death claim is to recover damages for the losses the family and estate have suffered. In Nevada, these damages are split into two categories:

Damages for the Heirs

Family members can seek compensation for their personal loss, including:

• Loss of Support: Financial support the deceased would have provided.
• Loss of Companionship: Also known as loss of consortium for a spouse, this covers the emotional loss of love, care, and guidance.
• Grief and Sorrow: Compensation for the emotional pain caused by the death.

Damages for the Estate

The personal representative can recover specific economic damages, such as:

• Medical Expenses: The cost of hospital stays or treatment the deceased received before passing away.
• Funeral and Burial Costs: The expenses related to laying your loved one to rest.
• Punitive Damages: In cases where the defendant’s actions were malicious or extremely reckless, the court may award punitive damages to punish the wrongdoer.

Nevada Statute of Limitations: Time Is Limited

It is critical to act quickly. The Nevada statute of limitations for wrongful death claims is generally two years from the date of the person’s death. If you try to file a lawsuit after this deadline passes, the court will likely dismiss your case, and you will lose the right to compensation.

While two years may seem like a long time, building a strong case takes time. Evidence can disappear, and memories can fade. Contacting a lawyer early ensures we can preserve vital evidence.

How Our Las Vegas Wrongful Death Lawyers Help

Navigating the legal system while grieving is overwhelming. Here is how we manage the process for you:

Investigation and Evidence Gathering

We start by conducting a thorough investigation. We collect police reports from the Las Vegas Metropolitan Police Department, review medical records, and secure video footage. If necessary, we work with experts in accident reconstruction to prove exactly how the incident happened.

Dealing with Insurance Companies

Insurance companies often try to settle quickly for a low amount. Whether we are dealing with auto insurers, trucking companies, or corporate legal teams for a casino, we handle all communication. We protect you from pressure tactics and fight for the full value of your claim.

Litigation and Trial

Most cases are resolved through settlement negotiation or mediation. However, if the insurance company refuses to offer a fair settlement, we are prepared to file a complaint in the Eighth Judicial District Court and take your case to trial.

Proving Liability in Complex Cases

Proving fault is not always straightforward. In some cases, the defendant may claim your loved one was partially at fault. Nevada follows a comparative negligence rule. This means your family can still recover damages as long as your loved one was not more than 50% responsible for the accident. However, the compensation will be reduced by their percentage of fault. We work hard to minimize any claims of fault against your loved one to maximize your recovery.

No Upfront Costs: Our Contingency Fee Promise

We believe everyone deserves access to justice, regardless of their financial situation. That is why we work on a contingency fee basis. You do not pay any legal fees upfront. We only get paid if we successfully recover compensation for you through a settlement or verdict. If we don’t win, you don’t pay us attorney fees.