Nevada Wrongful Death Lawyers
The loss of a loved one is never easy to cope with. Losing a loved one suddenly and unexpectedly is even more traumatic. There is a range of emotions that family members may go through after the loss of a loved one, and it can be both physically and emotionally taxing.
The Bourassa Law Group wants to offer you and your family our most sincere condolences during this emotionally-draining time.
You may not be ready or able to express everything that you are feeling right now, but we do want you to remember that we are people too, and you can depend on us to be a shoulder to lean on, not just legally, but emotionally as well.
Although it is probably the last thing on your mind at this moment, there may come a time when you want to talk with someone about holding the responsible party accountable for the negligence that led to the death of your loved one.
Money is no replacement for missing the one you love, but you may be entitled to compensation that can help with the financial hardships you will face as a result of that loss.
The legal team at The Bourassa Law Group has experience in handling cases that have resulted in wrongful death. We offer sensitive and compassionate care to all the loved ones left behind in the wake of this type of tragedy.
When you hire The Bourassa Law Group, we take the legal burden of getting you fair and just compensation for your loved one’s wrongful death and for the losses that you and your family are suffering now and will still be experiencing the consequences of in the future.
Contact us when you’re ready for justice at (702) 851-2180. Our initial consultation about your wrongful death case is absolutely free, and when we take your case for compensation, you don’t pay us anything until we win fair compensation for your losses.
What is Wrongful Death in the State of Nevada?
Wrongful death is a phrase used to describe an event where a person dies or is killed because of the wrongdoing of a person or company. It is not a criminal case. Instead, it is a civil case. There is no jail time for someone who is found responsible for wrongful death. The death could be the result of intentional action, or as the result of negligence.
In Nevada, wrongful death claims are solely statutory. That means that there are certain conditions that need to be met in order to prove that a defendant is liable for the death. Those conditions include:
- that a person has been pronounced deceased
- the death was the result of someone’s wrongful action or negligence
- the plaintiff is an heir of the deceased
- the plaintiff has suffered damages as a result of the death
The elements of proving a wrongful death depends are unique to the circumstances surrounding each individual case. You need an experienced wrongful death attorney to thoroughly investigate all the details surrounding the death of your loved one, to identify the parties that are liable for the death of your loved one, to put together a compelling case to win compensation that is commensurate with what you have lost, and then to negotiate with insurance companies for a just settlement or take the case to court if the insurance companies refuse to offer a fair settlement.
Common Types of Wrongful Death Cases
There are several types of incidents that can result in a wrongful death case. Each type of incident has characteristics that need to be examined and evaluated in order to determine if the case can be considered a wrongful death in the state of Nevada.
Having an experienced lawyer on your side is the best way to sort through your options. The team at The Bourassa Law Group has experience in dealing with numerous different types of wrongful death cases, some of these include:
Car Accidents Caused By:
- Reckless driving
- Drunk driving
- Excessive speeding
- Manufacturer malfunction or defective part
Truck Accidents Caused By:
- Drunk driving
- Trucking company negligence
- Manufacturer malfunction or defect
- Distracted Driving
- Surgical error or treatment error
- Improper standard of care
- Toxic or tainted food
- Dangerous toys
- Defective children’s clothing or furniture
- Defective vehicle parts
- Pharmaceutical dangers
- Defective machinery or parts
- Unsafe working conditions
There are a variety of other circumstances that could result in wrongful death. Speaking with a knowledgeable wrongful death attorney is the best way to sort through the facts and circumstances in order to determine the best options available.
An experienced wrongful death attorney has successfully handled all kinds of wrongful death cases in Nevada will know how to fight to get you the justice you deserve.
Who Can File a Wrongful Death Claim in Nevada?
In the state of Nevada, there are two different classes of claimants who are entitled to recover wrongful death compensation. The first is the deceased’s estate. A claim can be made on behalf of the deceased’s estate by a personal representative of the deceased. The estate may be allowed to recover medical expenses and funeral expenses.
The second claimant that the state of Nevada will recognize is the deceased’s “intestate heirs,” also known as surviving family members. If the deceased was married, then the person’s spouse or children would be considered the heirs. If the deceased victim was unmarried or childless, then that person’s heirs would-be parents, siblings, or lastly, the closest living relative. Heirs may be entitled to recover for pain and suffering as well as for expenses.
In Nevada fiancées, unmarried partners, and un-adopted or foster children are not considered interstate heirs and are not allowed to pursue wrongful death claims. Even if they are the beneficiaries of the deceased in a will or were wholly financially dependent on the deceased for support, Nevada law does not allow for them to make a wrongful death claim.
If you or a loved one wants to pursue a wrongful death claim, you need to hire legal counsel as soon as possible. The statute of limitations on filing a wrongful death claim is two years from the date the victim passed away. After that time period has expired, you cannot file a wrongful death claim and are left with little in the way of options for recovering any type of compensation.
What Damages are Available for Wrongful Death?
The damages available in a wrongful death claim can vary. It really depends on the situation and circumstances surrounding the incident. Going over your individual situation with an experienced attorney is the best way to determine what type of compensation you may be entitled to.
A victim’s estate or heir may be able to recover what are known as “special damages.” Those damages would include medical expenses the victim incurred prior to dying. Other damages could include:
- Funeral expenses
- Lost wages
- Potential future lost wages
- Life insurance or employment benefits
- Pain and suffering
- Loss of companionship
Depending on how your loved one died, there may also be other forms of compensation available to family members in the form of punitive damages. Punitive damages are a form of punishment and are meant to deter future wrongdoing.
In Nevada, punitive damages may be award in cases of malice, fraud, or oppression. Each has a legal definition and framework that must be proven in order to recover damages. An attorney with the The Bourassa Law Group can help you determine what types of compensation are available in your specific case and build a case based on those.
How Can The Bourassa Law Group Help You
Pursuing a wrongful death claim requires a lot of knowledge, a lot of time, and a lot of work. There are several conditions that must be met and it can be difficult to prove that the death occurred because of another party’s negligence.
The Bourassa Law Group knows how to navigate the legal landscape and recover the compensation that you deserve after the death of a loved one. We have the legal knowledge and we have a network of professional resources such as medical professionals, accident research specialists, and investigators to handle your wrongful death case from beginning to end.
We work hard to gather the essential evidence needed to build your case like:
- Evidence from the scene of the accident
- Photos or video surveillance
- Police reports
- Medical reports
- Eyewitness accounts of the accident
- Death certificates
It is important to begin building the case and collecting evidence early before it becomes lost or destroyed. We do the heavy lifting so that you can focus on what really matters, keeping your family together and grieving for your loved one. You don’t need the added stress and anxiety of worrying about bills and dealing with insurance companies hounding you.
Grief is a tough process to work through. We want our clients to remember that our priority is you. We take the time to listen and treat you with respect and compassion. Not only are we here to fight for your rights, but we’re also here to offer you a shoulder you can lean on.
The legal team at The Bourassa Law Group has the experience and dedication to do battle for the compensation you deserve after the death of a loved one. If you’ve suffered a loss as the result of an accident, contact The Bourassa Law Group today at (702) 851-2180 to begin the road to legal recovery of your losses.
Frequently asked questions
The legal definition of a personal injury is when someone’s failure to use reasonable care in a particular situation results in another person’s physical, emotional, or psychological injury. Personal injury cases often rely on the elements of negligence to prove the responsible party’s actions were the cause of the other party’s injuries.
The length of a personal injury case depends on the type of case and various factors, such as the severity of the injury sustained and the duration of necessary treatment. A car accident case might take six months to resolve, while a wrongful death lawsuit could take two years. It all depends on the circumstances surrounding the case.
No. Whether you got hurt in a car accident or on someone else’s property, you should never speak with their liability insurance company about the claim. They try to save money whenever possible and could attempt to trick you into accepting a low settlement amount or intimidate you into dropping the case. Your Denver personal injury lawyer will handle all communication on your behalf.
It depends. A vast majority of personal injury cases settle out of court. When we file a claim with the insurance company, we’ll submit evidence that proves you deserve compensation for your injuries. Sometimes the insurer is willing to settle. Other times, they deny the claim or provide a settlement much lower than you deserve. Under those circumstances, we will file a lawsuit and take the case to court.
Mediation is a step during a lawsuit where both sides meet to try to reach an agreement. The mediator listens to the arguments on both the plaintiff’s and the defendant’s sides and attempts to resolve the issue. If they can reach an agreement, they will settle out of court, and the case will get dismissed. If they can’t resolve the matter, the case will proceed to trial.