Las Vegas Wrongful Death Lawyer
The loss of a loved one is a horrendous experience; when the death could have been prevented, it is even more devastating. When someone dies because of another person’s negligence, recklessness, or unlawful act, the law refers to it as “wrongful death.” In these tragic situations, surviving family members may be able to recover financial and non-economic damages that result from the death. There is no amount of money that can compensate for the loss of a parent, child, spouse, or anyone in a family, however, the personal injury attorneys at Cogburn Law Offices want to make sure your family is compensated for all of your losses during this difficult and emotional time. Our experienced injury attorneys have successfully helped many families who have lost loved ones, and provided them with financial security.
Wrongful Death Claim Resources:
- What are the Most Common Wrongful Death Claims?
- What Damages Can I Recover in a Wrongful Death Lawsuit?
- Who Can File a Wrongful Death Lawsuit in Las Vegas?
Why Choose our Las Vegas Wrongful Death Lawyers?
Wrongful death laws very greatly from state to state. If you’ve lost a loved one in an accident caused by negligence of another party, contact an experienced Las Vegas wrongful death lawyer for a free case consultation. Our skilled team of attorneys will work to recover evidence and build a strong case to ensure your family receives the justice you deserve. We know nothing can replace the loss of a loved one, but we will work tirelessly to help you maneuver the future, so you can begin the healing process.
Our team of wrongful death attorneys understand the impact an accident like this can have on victims and their families. Our many years of experience has garnered us a reputation for excellence and we believe that our strong reputation is the result of our personal dedication to the people we serve.
Why Should I File a Lawsuit?
We know a lawsuit won’t bring back your loved one or heal your family, but filing a wrongful death suit could be the best thing for your family. A civil lawsuit such as this could provide financial security for your family for years to come. It can also hold responsible parties accountable for their mistakes or criminal actions.
Speaking with one of our skilled wrongful death attorneys could help you understand the value of your claim and learn whether it’s the right choice for you and your family. When a wrongful death case is brought to civil court, a jury makes the decision. Insurance companies representing the negligent party are wary about jury trials, as an award may be far higher than the insurance company wants to pay. At Cogburn Law Offices, our team of Las Vegas personal injury attorneys concentrates upon seeking justice and full compensation for our clients – and may choose to take a case to trial for that reason.
There is currently no damage cap on wrongful death claims, and you may qualify for recovery of damages, such as loss of benefits, loss of companionship, loss of consortium, property damage, and mental anguish.
What are the Most Common Claims of Wrongful Death?
Unfortunately, thousands of wrongful death suits happen each year. A wrongful death case has the goal of achieving justice (in monetary terms) after person, business, or other entity is negligent or responsible for a victim’s death. The most commonly reported instances that result in wrongful death suits in Nevada are:
- Car accidents
- Pedestrian accidents
- Medical malpractice
- Workplace accidents
- Product liability cases
- Nursing home abuse
- Premises liability cases
How Does One Prove Wrongful Death in Nevada?
Based on the statute of limitations in the state of Nevada, one must submit a wrongful death claim within 2 years of the date of death of the person. If the 2 years has expired, it is possible for the defendant to file a motion to dismiss the case. Along with the 2 year limit, for a wrongful death case to have merit, it must contain these factors:
- A person has died as the result of an act of negligence, or an intent to harm
- The responsibility of the death was fully, or partly cause by the defining party
- There is a beneficiary for the victim that is surviving
- Close family members, or the estate, has suffered losses due to the death of the person
The damages sought can cover a range of losses to a close family member(s). These include monetary compensation for the grief associated with the loss of a loved one, the loss of probable support, loss of consortium (for widow or widower), and pain and suffering.
What Kind of Compensation Can You Get From a Wrongful Death Suit?
Valuing a wrongful death case is an involved process, with awards often reaching into the millions of dollars, based upon the facts in the case. The amount of insurance coverage is a factor; in cases of vehicle accidents, a defendant may not have carried enough insurance to pay all damages. In these cases, litigation in civil court can make it possible to achieve a judgment against the responsible party’s assets.
Nevada laws provide a remedy for cases of wrongful death under NRS 41.075. This statute allows the decedent’s estate and heirs to file a wrongful death claim with two types of damages available: special damages and penalties. Special damages include suffering and loss of the victim and his or her estate. Our team of skilled wrongful death lawyers in Las Vegas can help individuals who qualify as the person’s heirs under the laws of succession bring a wrongful death claim to seek compensation for the following:
- Grief and sorrow
- Loss of probable support or companionship
- Loss of society, comfort, and consortium
- Property damages from the accident
- Medical expenses prior too death
- Funeral expenses
If criminal activity was involved in the wrongful death claim, the victim’s family may be able to collect punitive damages. Punitive damages are a civil remedy not intended to compensate the deceased person’s relatives, but are a method of penalizing deplorable conduct.
Who Can File a Wrongful Death Claim?
While the estate of a decedent can bring a wrongful death claim, only certain persons hold the right to file a wrongful death claim, outlined in NRS 41.085 (4). The family members who hold this right typically are:
- Surviving spouse or domestic partner
- Surviving adult children
- A representative from the deceased’s estate
- The parents of the deceased
Some persons do not hold the right to bring a wrongful death claim, including stepchildren who have not been adopted by the decedent, even when listed as heirs in a valid will.
Free Consultation From Our Las Vegas Wrongful Death Lawyer
When a wrongful death case is brought to civil court, a jury makes the decision. Insurance companies representing the negligent party are wary about jury trials, as an award may be far higher than the insurance company wants to pay. At Cogburn Law Offices, our team of trial attorneys concentrates upon seeking justice and full compensation for our clients – and may choose to take a case to trial for that reason. While the insurance company may want to settle the case outside of court, due to risking a high-value jury award, until a fair settlement offer is presented, our strategy may involve proceeding to trial.
If you lost a close family member as the result of an act of negligence, contact a dedicated Las Vegas wrongful death lawyer at Cogburn Law Offices for a free case consultation today.