Losing someone you love because another person acted carelessly or acted with intent brings deep grief and many unanswered questions. A Las Vegas wrongful death lawyer from Greenberg Gross offers guidance throughout that process and supports families as they move forward.
Reach out to our team for a free consultation if you want to discuss the next steps in your situation.
Key Takeaways: Las Vegas Wrongful Death
Families in Nevada can bring a wrongful death claim when another person or company causes a death through negligence, recklessness, or intentional conduct.
Nevada law lists specific people who can bring a claim and outlines how they share any recovery.
Wrongful death cases involve both financial losses and the personal impact of losing a family member.
Nevada allows two years to file most wrongful death lawsuits, and some exceptions may apply.
Strong evidence strengthens the claim and places accountability on the person or company at fault.
What Is a Wrongful Death Claim in Nevada
A wrongful death happens when a person loses their life because another person or company acted carelessly or intentionally. Nevada law lets the surviving family pursue a civil claim for financial recovery.
Nevada law uses several terms in these cases. Each term has a plain meaning.
Negligence means someone failed to act reasonably and caused harm.
Recklessness means someone took a serious risk that placed others in danger.
Intentional conduct means the person meant to carry out the harmful act.
Damages means the financial and personal losses created by the death.
Who Can Be Held Liable for Wrongful Death
The responsible party may vary depending on what caused the death. Someone can face liability when their actions or lack of action caused the loss of life. For example, a property owner at The Lakes might face responsibility if unsafe building conditions led to a fatal fall. A careless driver in Enterprise might face responsibility after a high speed collision. Doctors, companies, employers, and others may also face liability depending on the situation.
Difference Between Wrongful Death and Criminal Charges
Wrongful death cases are civil claims. Criminal cases involve punishment through jail or fines. A civil case focuses on financial recovery for the family. A criminal case focuses on whether someone broke a criminal law. The two cases can happen at the same time but they follow different rules and different goals.
Who Can File a Wrongful Death Lawsuit in Las Vegas
Nevada law explains which family members can bring a wrongful death lawsuit. The law sets a clear order that determines who may file and how the case proceeds.
Nevada’s Hierarchy of Eligible Parties Under NRS 41.085
Nevada lists specific family members who can bring a wrongful death claim.
The spouse or domestic partner has priority.
Children of the deceased person can file if there is no spouse or domestic partner.
If the deceased person had no spouse, partner, or children, the parents may file.
Certain other heirs may file when closer relatives are unavailable.
When Adult Children Can File
Adult children often bring a case when their parent passes away due to someone else’s actions. Nevada law recognizes these claims because adult children experience real emotional loss and often rely on their parents in meaningful ways. For example, an adult child may file a claim after a fatal crash in the Summerlin South area caused by a distracted driver.
Rights of Domestic Partners and Putative Spouses
Nevada recognizes registered domestic partners. They have the same rights as spouses under the wrongful death statute. A putative spouse refers to someone who believed in good faith that they were lawfully married, even if there was a legal defect in the marriage. Courts may allow putative spouses to pursue a claim if they meet Nevada’s requirements and can show their belief was genuine.
What Damages Are Available in Nevada Wrongful Death Cases
Families experience different kinds of losses after losing a loved one. Nevada law allows recovery of both financial and personal losses depending on the facts of the case.
Economic Damages: Medical Bills, Funeral Costs, and Lost Income
Medical expenses include the treatment your loved one received before passing.
Funeral and burial costs often place a heavy financial burden on families.
Lost income considers the earnings the deceased person would have brought to the household.
Non Economic Damages: Loss of Companionship and Emotional Suffering
Non economic damages describe the loss of love, guidance, and support from a family member.
Loss of companionship considers the comfort and presence of the person who passed.
Emotional suffering refers to the grief and distress caused by the death.
Loss of guidance relates to parenting, advice, and support that family members relied upon.
Punitive Damages in Cases of Gross Negligence
Nevada allows punitive damages when the responsible party engaged in conduct that showed a very serious disregard for safety. Punitive damages do not compensate the family. Instead, they punish the person or company for severe wrongdoing. In situations like these, a negligence lawyer can help evaluate whether punitive damages apply, such as when a company in Whitney knowingly ignored dangerous machinery defects that caused a fatal injury.
How Long Do I Have to File a Wrongful Death Claim in Nevada
Nevada generally gives families two years from the date of death to file a personal injury lawsuit. Missing this deadline usually prevents the family from pursuing the case in court.
Exceptions That May Extend the Filing Deadline
Certain factors may pause or extend the deadline. For example, fraud in the case, delayed discovery of the cause of death, or cases involving minors may affect the time limit. Each situation needs close review to determine whether an exception applies.
Why Acting Quickly Protects Your Legal Rights
Prompt action lets your Las Vegas personal injury attorney collect evidence while it remains available. Witnesses may remember details more clearly soon after an incident. Surveillance footage in areas like the Fremont Street Experience may remain stored for only a short time. Fast action helps protect the strength of the claim.
What Are Common Causes of Wrongful Death in Las Vegas
Different types of accidents and incidents lead to wrongful death claims. Las Vegas sees a wide range of situations that give rise to these cases.
Fatal Car Accidents and Pedestrian Collisions
Busy traffic patterns and heavy tourism contribute to severe crashes. A fatal pedestrian collision near the Las Vegas Strip often leads to complex investigations involving multiple parties. Families may bring a wrongful death claim when a driver acted without proper care.
Medical Malpractice and Surgical Errors
Hospitals and clinics sometimes fail to follow safe procedures. A surgical mistake at a facility in the Silverado Ranch area might cause fatal complications. In these situations, a medical malpractice lawyer can review expert medical opinions and detailed evidence to determine whether a wrongful death claim is appropriate.
Premises Liability and Negligent Security
Property owners must keep their spaces reasonably safe. Poor lighting, broken stairways, or lack of security may lead to fatal injuries. For example, a property owner in the Arts District might face a wrongful death claim if a violent incident occurred due to inadequate security measures.
Workplace Accidents and Construction Site Deaths
Las Vegas construction sites carry risks. Employers must follow safety rules to protect workers. A wrongful death claim may arise when a worker passes away after an incident at a job site in Spring Valley due to unsafe conditions.
How Is a Wrongful Death Case Different from a Survival Action in Nevada
Families often hear both terms and wonder how they differ. Each type of claim focuses on a different kind of loss.
What a Survival Action Covers Under Nevada Law
A survival action focuses on the losses the deceased person experienced before passing. It belongs to the estate rather than individual family members.
Medical costs cover the treatment the person received before death.
Pain and suffering describe the discomfort the person experienced before passing.
Lost wages cover the income the person lost between the injury and the time of death.
How Damages Differ Between the Two Claims
Wrongful death claims focus on the losses to the surviving family. Survival actions focus on the losses suffered by the deceased person. Both may apply in the same situation. Each addresses different types of harm and financial impact.
Why You May Need to File Both
Some cases require both types of claims to account for every part of the loss. For example, a person injured in a crash in the Sun City area may survive for a short period before passing. The estate may bring a survival action for the suffering experienced during that period, while the family brings a wrongful death claim for their own losses.
What Evidence Is Needed to Prove a Wrongful Death Claim
Strong evidence allows your attorney to show the connection between the responsible person’s actions and the death. Different types of documents and testimony can support the claim.
Medical Records and Autopsy Reports
Medical records show the injuries and the care provided. Autopsy reports explain the cause of death. These records help establish how the incident led to the loss of life.
Witness Statements and Accident Reconstruction
Witnesses can provide firsthand accounts. Accident reconstruction experts analyze how an incident occurred. For example, a reconstruction expert may study a collision near Desert Shores to determine vehicle speeds and impact points.
Employment and Financial Documentation
Pay stubs, tax returns, and employer records show the income lost due to the death. These documents help calculate financial losses specific to the family’s situation.
How Are Wrongful Death Settlements Distributed in Nevada
When a wrongful death claim results in a financial recovery, Nevada law governs how the funds are shared.
Nevada’s Intestate Succession Rules for Distribution
Nevada relies on intestate succession rules when distributing wrongful death funds. These rules outline which heirs receive shares and in what proportions.
How the Court Determines Fair Allocation
Courts consider the relationship between each heir and the deceased person. Judges look at financial reliance, emotional bonds, and other factors. The goal is to create a fair division based on the specific circumstances of each family.
Tax Implications of Wrongful Death Recoveries
Most wrongful death settlements are not considered taxable income. Certain parts of a recovery may carry tax implications. Families should speak with a tax professional to confirm how specific portions of the recovery apply to their situation.
How Our Attorneys Can Help
Greenberg Gross supports families throughout every part of the wrongful death process. Our team focuses on accountability, careful preparation, and compassionate guidance.
Comprehensive Investigation and Evidence Gathering
We investigate the incident thoroughly. Our team collects medical records, interviews witnesses, and consults experts when needed. These steps help create a strong foundation for the case.
Negotiating with Insurance Companies and Defendants
Insurance companies sometimes place blame where it does not belong or offer low amounts. Our team pushes back by presenting evidence and explaining the full extent of your losses.
Litigation Experience in Nevada Courts
Some cases move to trial when the responsible party refuses to accept fault. Our attorneys prepare every case as if it may go to court. This preparation strengthens the claim and shows the responsible party that we are ready to proceed.
Compassionate Support Throughout Your Case
Families need support as much as legal guidance. We maintain open communication, answer questions, and help families feel heard during a difficult period.
No Fees Unless Your Case Resolves in Your Favor
Our team works on a contingency fee basis. You do not pay upfront fees. Our payment comes from a portion of the recovery if the case resolves successfully.
Frequently Asked Questions About Wrongful Death Claims in LV
Can I file a wrongful death claim if my loved one died in a drunk driving accident in Las Vegas
Yes. Drunk driving often forms a strong foundation for a wrongful death claim because the conduct shows clear disregard for safety. Families can pursue financial recovery from the drunk driver and sometimes from other responsible parties.
What if the person responsible for the death has no insurance
Your attorney may explore other sources of recovery. These may include your loved one’s uninsured motorist coverage or other responsible parties who share blame for the incident.
Can I still file a claim if my family member was partially at fault for their death
Yes. Nevada uses a modified comparative negligence rule. Families can still recover financial losses if their loved one was less than 50 percent at fault.
How long does a wrongful death case typically take in Nevada
Timelines vary. Some cases resolve within months when responsibility is clear. Others take longer, especially if the case goes to court or involves disputed facts.
What happens if multiple family members want to file a claim
Nevada law explains who has priority. If multiple eligible parties exist, the court may consolidate the claims to avoid conflicting actions.
Contact Our Wrongful Death Attorneys in Las Vegas Today
Wrongful death cases require prompt action because evidence may disappear and deadlines limit how long you have to file. Greenberg Gross offers skilled representation and a steady commitment to helping families pursue accountability.
If you lost someone you love due to another person’s careless or wrongful conduct, reach out today for a free case evaluation. Call us at (702) 777-0888 to speak with our team and learn how we can support you.
Address: 1980 Festival Plaza Dr Suite 730, Las Vegas, NV 89135
Phone: (702) 777-0888
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