The wrongful death of a spouse, parent, child, or close family member can take a financial as well as an emotional toll on your family. At Blackburn Wirth, we realize that the loss of a loved one from wrongful death can create confusion and emotional distress. One of our wrongful death lawyers in Las Vegas can help you file a personal injury claim and provide legal representation in your lawsuit. Contact the Blackburn Wirth Injury Team at 702-472-7000 for a free consultation.
What Is Wrongful Death?
Wrongful death is a legal claim that arises when someone dies due to another party’s negligence, recklessness, or intentional harmful act. When you lose a loved one due to another person’s negligence or recklessness, Nevada’s wrongful death statute says you may be entitled to monetary compensation for damages. In a wrongful death lawsuit, the plaintiff is the decedent’s estate, and the trustee of the estate files the claim on behalf of the decedent.
Types of Wrongful Death Cases
Wrongful death in Nevada can happen in many different ways. Las Vegas wrongful death lawyers often see claims that arise from the following events.
Pedestrian Accidents
According to accident statistics, pedestrians are 1.5 times more likely than a passenger vehicle occupant to be killed by a car crash. In the United States, a pedestrian is killed in a traffic accident every two hours.
The vast majority of pedestrian fatalities occur in urban areas and busy cities like Las Vegas. A significant amount of these incidents happen between 6 PM and 9 PM when traffic is heavy, visibility is impaired, and drivers are distracted. These types of fatalities often lead family members to seek out Las Vegas wrongful death accident lawyers.
Medical Malpractice
Medical malpractice leads to wrongful death when healthcare providers fail to meet the standard of care expected in their profession. This negligence can take many forms, from misdiagnosis to surgical errors. For example, a doctor might overlook clear signs of a heart attack, sending a patient home instead of admitting them for urgent care. Or a surgeon could make a critical mistake during a routine procedure, causing fatal complications.
In Las Vegas, where many visitors seek medical care, language barriers or unfamiliarity with a patient’s history could contribute to fatal errors. Even seemingly minor oversights, like a nurse administering the wrong medication or a pharmacist misreading a prescription, can have deadly consequences.
Auto Accidents
Auto accidents are a common cause of wrongful death, especially in a bustling city like Las Vegas with its mix of local traffic, tourists, and frequent entertainment events. Negligence on the road can take many forms, all potentially fatal. A driver distracted by the bright lights of the Strip might rear-end another vehicle at high speed, causing fatal injuries. Drunk driving, unfortunately common in a city known for its nightlife, can lead to horrific crashes.
Even professional drivers can be at fault: a tour bus driver or rideshare driver working overly long hours might fall asleep at the wheel, resulting in a multi-vehicle pileup. Speeding, running red lights, or failing to yield right-of-way are other forms of negligence that can turn deadly in an instant.
Negligent Security
Las Vegas hotels, casinos, and other businesses have a duty of care to guests and patrons. This means they have a responsibility to keep their premises and guests safe from criminal danger. If business owners don’t take adequate steps to eliminate potential dangers and someone is killed on the property, they may be held liable.
Poorly lit parking garages or parking lots, or a lack of security cameras, can encourage deadly crime. Nightclubs may let in too many people, making it difficult to control rowdy crowds. Hotels might not properly screen or train their employees or might have inadequate locks on hotel room doors. In a city that never sleeps, security is essential, and lapses can easily lead to wrongful death lawsuits.
Premises Liability
Premises liability deals with hazardous physical conditions on a property, rather than the lack of security. Wet or damaged floors, loose handrails, and inadequate lighting in entrances, corridors and stairwells are common causes of injuries that result in premises liability claims. In a city with millions of yearly tourists, these types of claims can keep Las Vegas wrongful death attorneys busy.
Product Liability
Product liability refers to a manufacturer or seller being held responsible for putting a defective product into the hands of a consumer. When these defective products cause fatal injuries, it can lead to wrongful death claims. One type of product liability involves defects in the design or manufacturing. For example, a car model designed with a tendency to roll over easily could lead to fatal accidents, while a batch of tires manufactured with weak spots might blow out at high speeds, causing deadly crashes on busy Las Vegas freeways.
Another type of product liability is the failure to provide adequate warnings or instructions. For example, if a manufacturer doesn’t tell a consumer how to properly use an electrical appliance and they start a fire that results in a death, that’s product liability. Even contaminated food served at a buffet could lead to a wrongful death claim. A skilled Las Vegas wrongful death lawyer can help build a strong case for compensation.
Establishing Liability in Wrongful Death Cases
Establishing liability is an important step in any wrongful death case. It means proving that someone’s negligence or intentional act caused your loved one’s death. Nevada courts will look at several factors to determine liability. They’ll consider whether the defendant owed a duty of care to the deceased, if they breached that duty, and if that breach directly caused the death. For example, all drivers owe a duty of care to others on the road. If a driver was texting and caused a fatal crash, they breached that duty.
This is where a good Las Vegas wrongful death attorney can be especially helpful. They can help gather and present the evidence needed to prove liability. This might include obtaining surveillance footage, interviewing witnesses, or working with accident reconstruction experts. In medical malpractice cases, they might bring in medical experts to testify about the standard of care.
Your lawyer will also know how to navigate Nevada’s specific laws, like the modified comparative negligence rule, which can affect your case if your loved one was partially at fault. With their expertise, you can build a strong case to hold the responsible parties accountable.
What Are the Potential Damages in a Wrongful Death Claim?
In a wrongful death claim, you can seek various types of damages to compensate for the loss of your loved one. You can typically get damages for both the economic and emotional impact of the death. Here are some examples:
- Funeral and burial expenses
- Medical bills related to the final illness or injury
- Loss of financial support the deceased would have provided
- Loss of benefits like health insurance or pension plans
- Loss of inheritance
- Loss of companionship, guidance, and emotional support
- Pain and suffering experienced by the surviving family members
- Loss of household services the deceased performed
How much will your wrongful death claim be worth? It can vary widely depending on the specific circumstances of your case. Some key factors include:
- The age and health of the deceased at the time of death
- The deceased’s earning capacity and future earning potential
- The number and age of dependents left behind
- The nature and severity of the negligence that caused the death
- The strength of the evidence proving liability
- The financial resources of the defendant
- The skill and experience of your wrongful death attorney
Understanding these factors can help you set realistic expectations for your case. Remember, every wrongful death case is unique. That’s why it’s so important to have an experienced Las Vegas wrongful death lawyer on your side to help you navigate the process and get the best possible outcome for your case.
How Our Las Vegas Wrongful Death Attorneys Can Assist You
Blackburn Wirth is the best wrongful death law firm in Las Vegas, with a team of experienced attorneys to provide assistance. We’ll gather evidence to support your claim, look into insurance coverage and policies, file appeals to dispute denied insurance claims, and negotiate fair settlements. And we’ll do it all without charging a fee, unless you win your case. Get your free consultation to discuss your needs, and get the legal assistance and compensation you deserve for the wrongful death of your loved one.
FAQs for Wrongful Death Lawyers in Las Vegas
Who Is Eligible to File a Wrongful Death Claim?
In Nevada, the personal representative of the deceased person’s estate can file a wrongful death claim. Certain family members can also file, including the surviving spouse, domestic partner, children, or parents of the deceased. If there are no surviving family members, anyone who can show they were dependent on the deceased may file.
What Is the Best Wrongful Death Law Firm in Las Vegas?
The best wrongful death law firm in Las Vegas will have plenty of experience in all types of wrongful death cases, a strong track record of settlements and verdicts, and good client reviews. The Blackburn Wirth Injury Team has extensive experience in wrongful death cases and a reputation for client satisfaction.
How Can I Afford a Las Vegas Wrongful Death Lawyer?
Most Las Vegas wrongful death lawyers work on a contingency fee basis. This means you don’t pay anything upfront. The lawyer only gets paid if you win your case. If you win, they’ll typically take a percentage of the settlement. This arrangement means you can get justice for your loved one without worrying about legal fees.
What Is the Average Wrongful Death Settlement in Nevada?
Each wrongful death settlement in Nevada is unique. Settlements can range from thousands to millions of dollars, depending on factors like the deceased’s age, earning capacity, and the circumstances of the death. An experienced wrongful death lawsuit attorney in Las Vegas can help you understand what a fair settlement might be in your specific case.
