Las Vegas Wrongful Death Lawyer

Wrongful death cases in Las Vegas often involve more than just one defendant. Who you name in the lawsuit depends on how the fatal accident happened and who played a role. It’s important to look at every angle so responsible parties are held accountable.

Possible At-Fault Parties

In Las Vegas wrongful death claims, you’re not limited to suing just one person or business. Nevada law may allow lawsuits against anyone whose negligent, reckless, or deliberate actions contributed to someone’s death. Some parties that could be responsible include: 

Negligent Drivers

One major source of wrongful death claims in Nevada is vehicle accidents. This could involve cars, motorcycles, commercial trucks, or other motor vehicles. You may hold a driver at fault for many different things. 

This often includes speeding, texting while driving, driving under the influence, failing to yield, or otherwise acting recklessly behind the wheel. Traffic collisions are a leading cause of wrongful deaths in Nevada. 

Medical Providers

Not every loss in a hospital setting is simply unfortunate. Sometimes, a doctor or other health professional’s mistake directly causes harm and unnecessarily leads to death. Wrongful death lawsuits can name providers after misdiagnoses, errors in surgery or medication, or treatment delays. 

Building a medical malpractice case always requires experts who can explain how proper care was missed or the standard wasn’t met. 

Employers

Families may be able to obtain workers’ compensation death benefits or sue an employer if a loved one dies at work. Which route they take will depend on the specifics.

Las Vegas sees cases related to construction site risks, broken machinery, or even incidents caused by managers who failed to comply with OSHA safety rules. Employers are legally required to help ensure their employees stay safe.

Property Owners

Wrongful deaths sometimes occur when a property or business owner fails to keep an area safe. Owners or operators of property generally must secure the location and fix hazards. 

They’re also expected to offer sufficient security and maintain the premises in good condition for anyone legally present. Claims usually arise from falls, poorly lit spaces, broken stairs, or maintenance neglect.

Manufacturers and Product Companies

In some cases, a death happens because there was a defective product that led to an accident and your loss. For example, if an airbag doesn’t deploy in a crash, a power tool malfunctions, or a common household product is found to be dangerous, the manufacturer could be liable for the outcome. 

Government Entities

State and local agencies can be held accountable. This could happen when things like disorganized roadwork, missing stop signs, or dangerous public areas contribute to a death in Clark County. 

Filing these claims isn’t always simple. For a lawsuit to move forward against the government in Nevada, there are usually notice requirements and short deadlines.

If you need help understanding who might be legally responsible for the loss of a loved one, let us review your situation and provide clear next steps.

If you lose a loved one as a result of someone else’s actions, Nevada law lets certain family members and the estate seek financial compensation. There are different types of damages depending on whether you’re the family or representing the loved one’s estate. 

Economic Damages

When your loved one dies, you can collect economic damages. This is for the damages you actually experience because of your loss. Common types include:

• Funeral and burial costs 
• Lost wages 
• Lost future income
• Loss of health insurance, pensions, and retirement accounts

Non-Economic Damages

Non-economic damages are for the things that can’t be put into monetary terms and focus on the feelings a person experiences and changes in their life after losing a loved one. This often includes: 

• Loss of love, support, and advice 
• Loss of companionship 
• Grief 
• Emotional suffering

These damages are more subjective, but often recognized in these claims.

Survival Action Damages 

Survival action claims are for losses suffered by the deceased person from the time of injury until the time of death. This could include pain and suffering endured, extra medical expenses, and other bills that added up before they passed away. 

These damages go to the loved one’s estate first and then to heirs if any amount is left. 

Punitive Damages

Punitive damages aren’t common, but are sometimes given to punish the person or entity that acted badly. This could include drunk driving or outrageous recklessness. They are also meant to prevent others from taking these actions in the future.

Wrongful death compensation isn’t only about money. It’s about providing some stability, security, and justice when a loved one is lost too soon.

Taking action soon after a wrongful death is often important in order to protect your rights and build a strong case. 

1. Step 1: Secure official documents (death certificate, police report, medical records)
2. Step 2: Preserve evidence (photos, witness info, accident reports)
3. Step 3: Identify eligible parties (family vs estate representative)
4. Step 4: Avoid speaking with insurance adjusters without guidance
5. Step 5: Consult a wrongful death attorney in Las Vegas to evaluate wrongful death versus survival action claims
6. Step 6: Ensure your claim is filed within Nevada’s statute of limitations

Taking these steps early may help ensure your rights are preserved. 

Nevada law sets firm rules on who is allowed to bring a wrongful death lawsuit. 

Eligible Family Members

Certain close relatives have rights when it comes to filing a wrongful death claim in Nevada, including: 

• Spouse or legal domestic partner
• Children
• Parents (if there is no surviving spouse or children)
• Individuals who depended on the deceased for support, such as stepchildren or others who were financially supported 

Friends or other distant relatives who were not financially dependent generally cannot bring a wrongful death action. 

Role of the Personal Representative of the Estate

The estate’s personal representative can file a wrongful death or survival action if claimed on behalf of the deceased’s estate. If there isn’t a person already named as a representative through a will, the court has authority to appoint one so the case can move forward. 

In any wrongful death lawsuit in Nevada, it’s up to the plaintiffs to demonstrate that the act or failure by another person directly caused their loved one’s death.

Understanding Negligence (Duty, Breach, Causation, Damages)

Nevada courts ask that you prove the following if you are saying that someone was negligent and caused your loved one’s death:

• Duty of Care: The defendant owed a duty to the person who died. This could be a driver who is required to drive safely or a doctor required to provide adequate care.
• Breach of Duty: That duty was broken. Examples include speeding or texting while driving, or failing to provide timely medical care.
• Causation: The defendant’s breach of duty directly led to the accident.
• Damages: The family and/or estate actually suffered real losses because of the wrongful death. This could include medical bills, emotional loss, and future expenses. 

Strong evidence is required to establish these elements. It typically includes some or all of the following:

• Police reports and official investigations
• Medical records showing cause of death and care provided
• Statements from people who saw the incident
• Expert testimony explaining how the death occurred. Examples include accident reconstructionists, forensic specialists, or medical professionals. 
• Detailed analyses by economists who calculate lost income, benefits, and the family’s overall financial harm

This type of evidence may help support a wrongful death claim and potential damages. 

Two key rules govern wrongful death lawsuits in Nevada. They’re about when you need to file your claim, and how your loved one’s own fault could affect the claim.

Statute of Limitations

You have 2 years from the date of your loved one’s death to file a wrongful death claim in Nevada. If you miss this deadline, the court will almost always dismiss your case. There are sometimes exceptions that can increase or shorten this deadline. 

Always speak with a Las Vegas wrongful death lawyer to make sure you understand the timeline.

Comparative Fault Rules

Under Nevada law, recovery is generally barred if your loved one’s fault was greater than the defendants’ combined fault for the accident that led to their death. This is known as modified comparative negligence. Any award you get is reduced by the percentage of their fault. 

For example, if the deceased is found 30% to blame, any money awarded is reduced by 30%. 

When a loved one passes away, there are two types of cases that can be filed. Knowing the difference is important so you know what steps to take.

What Each Claim Covers

A claim for wrongful death seeks damages that are based on the damage done to the family (such as lost support or companionship). A survival action instead focuses on the victim’s pre-death losses, such as any pain, suffering, or medical costs that the person endured before they died.

Who Receives Compensation in Each Claim

Money from a wrongful death claim goes directly to qualifying family members, such as spouses, children, or other relatives who are legally entitled. Survival action damages are paid to the estate, which then gets divided through the probate court process.

Why Both Claims Are Often Filed Together

Las Vegas wrongful death attorneys usually file both claims because they cover different gaps in recovery. For example, survival actions reimburse for medical bills and pain before death, while wrongful death focuses on the future impact the loss has on the family. 

This approach helps your Las Vegas wrongful death lawyer seek all damages supported by the law and evidence.

Fatal injury data in the United States shows that certain events appear more often than others. These categories help explain how wrongful death cases can arise in different situations.

Drug Overdose or Poisoning

In recent years, drug overdose has remained a leading cause of fatal injury. The CDC reported 105,007 overdose deaths in 2023.

These deaths can involve prescription medications, illegal drugs, or a combination of both. Each situation can raise different concerns depending on how the exposure occurred.

Motor Vehicle Traffic Crashes

Traffic crashes continue to account for a large number of fatal injuries. CDC data lists 41,241 deaths tied to motor vehicle incidents.

These events can involve many types of road users, including drivers, passengers, and pedestrians.

Falls

For older adults, falls are a major source of fatal injury. The CDC identifies falls as the leading cause of injury for people age 65 and older.

A fall can happen in a home, at work, or in a public setting. In some cases, the surrounding conditions play a role.

Drowning

Drowning continues to be a major cause of death. CDC data shows that more than 4,500 people die each year in the United States.

These incidents can happen in a range of water environments.

Violent Assault or Homicide

Homicide is another category found in fatal injury data. In 2024, the CDC reported 20,162 deaths, including 15,364 firearm-related cases.

These cases may involve both criminal and civil legal action.

Workplace Transportation Incidents

Transportation incidents are a leading cause of workplace deaths. The Bureau of Labor Statistics reports that 25.2% of fatal work injuries involve transportation.

These fatal workplace incidents often involve job-related driving or travel.

If you are thinking about filing a lawsuit after a wrongful death of a loved one in Nevada, it can be helpful to understand the laws that may apply. Below are some of the most important ones.

Disclaimer: These law summaries are not exhaustive and are provided for general understanding only. They reflect Nevada law at the time of writing and may be subject to updates or changes. For legal advice or a full interpretation, consult an attorney. Always check with an attorney or the Nevada Legislature for the most current information.

Nevada’s Comparative Negligence Law

NRS 41.141 – Allows a person to recover damages if their negligence is not greater than the negligence of the parties they are seeking recovery from, with damages reduced based on their percentage of fault.

Nevada’s Statute of Limitations Law

NRS 11.190 – Requires that an action to recover damages for personal injury or wrongful death be filed within 2 years.

Other Related Nevada Laws

NRS 41.085 – Allows the heirs and personal representatives of a decedent to bring an action for damages against the responsible party and recover specified damages on behalf of themselves and the decedent’s estate.

NRS 41.130 – Provides that a person who causes injury by wrongful act, neglect, or default is liable for damages, and an employer may be liable for the acts of its employee.

NRS 41.1395 – Provides that a person who causes injury, death, or loss to an older or vulnerable person through abuse, neglect, or exploitation is liable for damages, including up to twice the actual damages and potential attorney’s fees.

NRS 41A.097 – Requires that an action against a healthcare provider be filed within specified time limits based on the date of injury or discovery of the injury, subject to tolling for concealment.

NRS 484E.010 – Requires a driver involved in a crash resulting in injury or death to immediately stop, return to, and remain at the scene until required duties are fulfilled.

NRS 484E.030 – Requires a driver involved in a crash resulting in injury, death, or property damage to provide identifying information, exhibit a license upon request, render reasonable assistance to injured persons, and report the crash if no police officer is present.

NRS 484E.070 – Requires a driver involved in a crash resulting in injury, death, or significant property damage to submit a written or electronic report to the Department within 10 days, unless an exception applies.

If you have lost a loved one because of someone else’s negligence, you shouldn’t have to handle the situation and aftermath on your own. A Las Vegas wrongful death attorney from our firm can help you figure out who is responsible and whether you may be entitled to compensation. Call us to schedule your free case evaluation.

Come see us, we are located at:
7785 W Sahara Ave Suite 100, Las Vegas, NV 89117