Local Clout. National Strength.
Dedicated Wrongful Death Attorneys Serving Las Vegas and All of Nevada
When a life is tragically cut short due to someone else’s negligence, compassion and support are crucial. At Burg Simpson, we stand beside families in their toughest moments, offering guidance in seeking the justice their loved ones deserve. While no financial award can ever truly replace your loss, just compensation can at least provide for a more secure future.
Our reputation in Las Vegas is built on a blend of our local mindset and national resources. Over the more than 40 years that Burg Simpson has fought for personal injury victims, we have been honored repeatedly for our excellence and dedication. When confronting the heart-wrenching circumstances of wrongful death, our devotion to our client’s best interests shines through. We have a proven history of results with more than $2 billion in successful verdicts and settlements.
Call the Las Vegas wrongful death lawyers at Burg Simpson at 702-668-2070 for a FREE and confidential case evaluation. We serve our neighbors in the Las Vegas community and those throughout Nevada.
What Is Wrongful Death in Law?
Wrongful death refers to a death caused by “the wrongful act or neglect of another.” Per Nevada Revised Statutes (NRS) § 41.085, when such a death occurs, certain parties can bring a lawsuit against the responsible individual or entity to seek damages. The essence of a wrongful death claim is that if the deceased had lived, they would have had the right to file a personal injury claim due to the harm inflicted upon them. Given their untimely death, the right to sue shifts to specific close family members and the estate itself.
A wrongful death claim is a civil action brought by the heirs and/or personal representatives of the person who has passed, providing a legal avenue for the bereaved to seek compensation for their losses, be it emotional, financial, or both. The claim ensures that negligent parties are held accountable not just for the injury but for the ultimate harm—an unjust death.
Burg Simpson is deeply familiar with Nevada’s regulations surrounding wrongful death and can expertly navigate these claims on behalf of grieving families.
Who Can Sue for Wrongful Death in Nevada?
In Nevada, the right to file a wrongful death lawsuit is delineated by state statutes. Generally, any party who is financially dependent upon the deceased at the time of their death may have the right to file a wrongful death claim. Specifically, the following parties may have the right to bring a wrongful death action:
The Deceased’s Heirs
“Heirs” refers to those individuals who would inherit from the deceased if the person died without a will (intestate). This often includes close relatives like spouses, children, and parents.
The Deceased’s Estate
This allows the personal representative of the estate to seek damages related to the deceased’s pain and suffering before death, medical expenses, and funeral costs.
Any Person to Whom the Deceased Owed a Duty of Support as Per an Agreement or Court Order
This might include individuals not traditionally recognized as heirs but financially dependent on the deceased.
Burg Simpson understands the intricacies of Nevada’s wrongful death statutes and can guide families through this challenging legal process. If you believe you have a rightful claim in the wake of a loved one’s wrongful death, reach out for a FREE case evaluation.
What Is the Statute of Limitations on a Wrongful Death in Nevada?
In Nevada, the statute of limitations for wrongful death claims is defined by NRS § 11.190(4)(e). A wrongful death lawsuit must be initiated within 2 years from the date of the deceased individual’s death. If a claim is not filed within this 2-year window, it is typically barred, and the family or estate may lose the right to seek compensation.
There are occasional exceptions or circumstances that might extend or alter this timeframe, but they are relatively rare. It’s paramount for grieving families to be aware of this timeframe, as failing to act promptly might prevent them from obtaining rightful justice and compensation.
At our firm, we stress the importance of consulting with a Las Vegas wrongful death lawyer swiftly after a tragic loss to ensure your rights are protected and critical deadlines are met. Every moment is crucial when navigating the complexities of Nevada’s wrongful death statutes.
What Damages Can Be Awarded for a Wrongful Death?
Damages awarded in a Las Vegas wrongful death lawsuit aim to compensate the deceased’s family and estate for the loss they’ve suffered.
As per NRS § 41.085, an heir may be able to recover the following damages:
Loss of Probable Support & Benefits
Compensation for the loss of financial support and benefits the deceased would have provided.
Loss of Companionship, Society, Comfort & Consortium
Compensation for the loss of love, care, comfort, companionship, and other intangible benefits provided by the deceased to their loved ones.
Pain & Suffering
Damages for the grief, sorrow, and mental anguish suffered by the heirs due to the loss.
The personal representative of the deceased may be able to recover the following damages on behalf of the estate:
Medical & Funeral Expenses
Costs associated with medical treatments the deceased received before their death and the subsequent funeral and burial expenses.
While very rarely awarded, these are intended to punish particularly egregious or malicious behavior and serve as a deterrent.
Burg Simpson, well-versed in Nevada’s wrongful death statutes, can guide families in valuing all relevant damages and pursuing just compensation.
What Is the Difference Between Wrongful Death and Accidental Death?
Wrongful death and accidental death have distinct legal connotations:
Defined by NRS § 41.085, a wrongful death occurs when a person’s death is caused by “the wrongful act or neglect of another” party. This could be due to intentional harm, negligence, or even recklessness. A wrongful death claim is a civil action that seeks compensation for the deceased’s family or estate for losses incurred because of this untimely death. It addresses the liability of the responsible party.
This refers to a death that occurs without intention. It’s a circumstance where no individual or entity is necessarily at fault. While some accidental deaths might lead to wrongful death lawsuits (if negligence played a part), not all will. For instance, a genuine accident where no one acted negligently wouldn’t typically result in a wrongful death claim.
While both terms involve unforeseen and tragic deaths, the crucial distinction lies in the presence or absence of fault or negligence. Our Las Vegas wrongful death lawyers can help differentiate and navigate these nuances to ensure families understand and exercise their rights appropriately. Contact us for a FREE and confidential case evaluation today.
What Types of Wrongful Death Claims Do We Handle?
Nearly every situation that can lead to a personal injury could also culminate in a wrongful death. As a comprehensive personal injury law firm, Burg Simpson is adept at managing diverse claims where someone is injured or tragically passes away due to the negligence of another.
Our Las Vegas wrongful death lawyers are here to assist if you’ve lost a loved one due to any of the following:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Drunk Driving Accidents
- Defective Products
- Accidents on Dangerous Premises
- Nursing Home Neglect & Abuse
- Dog Bites & Attacks
- Construction Accidents
Pursuing just compensation for wrongful death means establishing another party’s culpability for the loss. This task can be formidable, especially when confronted by the robust defenses often launched by insurance companies and other defendants in such cases.
A wrongful death attorney is skilled and knowledgeable of the evidence required to establish the liability of defendants for their negligent, reckless, or deliberate actions. At Burg Simpson, our seasoned professionals are well-versed in holding careless drivers, inattentive property owners, medical professionals delivering below-par care, companies producing faulty products, and others responsible for their actions.
Is Wrongful Death a Survival Action?
Wrongful death actions and survival actions are distinct but related legal concepts in Nevada. According to NRS § 41.085, a wrongful death claim is brought by the heirs or the personal representative of the deceased’s estate to recover damages for their own losses resulting from their loved one’s death, such as loss of companionship, financial support, emotional distress, etc.
On the other hand, a survival action, rooted in NRS § 41.100(3), allows the estate of the deceased to pursue damages the deceased would have been entitled to recover had they lived, such as pain and suffering before death, medical expenses, and punitive damages.
While a wrongful death claim compensates the family for their personal losses due to the death, a survival action seeks compensation for the harm and losses directly suffered by the deceased prior to their passing. Both can be pursued simultaneously, but they address different aspects of the aftermath of the death. Our Las Vegas wrongful death attorneys ensure that families understand and can navigate both avenues effectively, optimizing the potential for just compensation.
What If the Responsible Party Doesn’t Have Insurance?
There are instances where the party responsible for the wrongful act might not have insurance coverage. While this can initially seem like a dead-end, it’s important to know that alternative routes exist to pursue compensation for your losses. Potential sources of recovery might be the liable individual’s employer, third-party entities involved in the situation, or even your own insurance provider.
Navigating such complexities requires experience. Engaging an adept wrongful death attorney is essential. We aim to ensure your family receives the support it needs during this devastating time, helping you rebuild and move forward.
Contact a Las Vegas Wrongful Death Lawyer Today
Negligence manifests in various ways. Many situations can result in the untimely loss of a loved one, whether it’s a driver’s recklessness, a company releasing an unsafe product, or a property owner neglecting their premises. Each of these instances could potentially form the basis for a wrongful death claim.
Burg Simpson stands as a leading personal injury and wrongful death firm. Our attorneys have garnered multiple accolades from prestigious legal bodies for their exemplary handling of cases involving severe injuries and tragic losses. More importantly, we have experience supporting families during their most trying times, offering compassion and guidance when they need it most.
Contact Burg Simpson at 702-668-2070 for a FREE and confidential case assessment. Our Las Vegas wrongful death lawyers proudly serve our local community and clients throughout Nevada.