The sudden loss of a loved one is shocking. The days and weeks following the death can be overwhelming. There are many issues that the family must address, including the funeral and financial matters, all while grieving their loss.
If the death of your loved one in Henderson, NV, was preventable, it could give rise to a wrongful death claim. Nevada laws provide a cause of action for families to seek compensation for the damages caused by a wrongful death.
At J. Cogburn Car Accident and Personal Injury Lawyers, our Henderson personal injury lawyers have more than 40 years of combined legal experience. Since 2005, we have fought for the rights of Nevada accident victims and their families. Our legal team has won hundreds of millions for our clients in verdicts and settlements.
There is no fee until we win. Contact our office at 702-541-9766 to schedule a free consultation with our experienced Henderson wrongful death lawyers.
How J. Cogburn Car Accident and Personal Injury Lawyers Can Help You With a Wrongful Death Claim in Henderson, NV
At J. Cogburn Car Accident and Personal Injury Lawyers, we have decades of experience handling personal injury cases. We are dedicated, skilled, and compassionate personal injury lawyers. Our attorneys are resourceful negotiators, but we are also aggressive trial lawyers when necessary.
Our founding attorney, Jamie Cogburn, holds an AV Preeminent rating from Martindale-Hubbell, which is its highest peer rating. He has a perfect 10.0 rating with Avvo and has received awards from Super Lawyers and The National Trial Lawyers. He is also a member of the Multi-Million Dollar Advocates Forum.
When you hire our top-rated wrongful death lawyers in Henderson, you can trust that we will handle all aspects of your case; we will:
- Investigate the cause of your loved one’s death to identify the responsible parties
- Gather evidence proving fault and liability, including working with top-rated expert witnesses when necessary
- File insurance and personal injury claims and handle all matters related to negotiations and settlements
- Carefully document your damages to assess how much your wrongful death claim is worth
- Defend your loved one against allegations of shared fault, which could hurt your case
- Negotiate a fair settlement for your wrongful death claim
- File a lawsuit and argue your case before a jury if the at-fault parties refuse to settle for a fair amount
Our Henderson personal injury attorneys are passionate about obtaining justice for your family. We understand the impact the death of a loved one can have on a family. We’ll help you secure the compensation you need and deserve after someone causes the untimely death of your loved one.
Call J. Cogburn Car Accident and Personal Injury Lawyers to schedule a free consultation with one of our experienced wrongful death lawyers in Henderson, Nevada.
How Does Nevada Law Define a Wrongful Death?
Nevada Revised Statute §41.085 defines a wrongful death as the death of a person by another party caused by wrongful acts or neglect. The statute gives heirs and the deceased’s estate the right to pursue an action for damages.
A wrongful death action might arise due to an accident or other circumstances.
Our Henderson lawyers at J. Cogburn Car Accident and Personal Injury Lawyers handle all types of wrongful death cases, including those involving:
- Car accidents
- Medical malpractice
- Slip and fall accidents
- Truck accidents
- Motorcycle accidents
- Nursing home abuse
- Premises liability
- Bicyclist and pedestrian accidents
- Workplace accidents
- Defective products
Wrongful death cases may involve complex personal injury matters, multiple parties, and liability disputes. We are equipped to handle the most complicated claims.
Common Causes of Wrongful Death Accidents in Henderson, NV
Most fatal accidents are avoidable had it not been for another person’s negligent behavior. Sadly, the family realizes that their loved one was taken in a senseless accident.
Common causes of fatal accidents in Henderson include:
- Violations of traffic laws, including drunk driving, speeding, reckless driving, and failing to yield the right of way
- Distracted driving
- Negligent supervision
- Hazardous conditions on the property
- Dangerous work environments
- Inadequate lighting
- Negligent security
- Potholes and cracks in sidewalks and parking lots
- Defective products
- Medical negligence and errors
The list of potential causes of wrongful death is virtually endless. Many factors can contribute to the cause of a fatality. We will thoroughly investigate the cause of your loved one’s death. We’ll analyze each factor involved in the case to determine who is responsible.
Who Can File a Wrongful Death Lawsuit in Nevada?
Nevada law states that the decedent’s heirs can file a wrongful death claim.
Heirs could include:
- A surviving spouse
- Children
- Parents
- Grandchildren
- Siblings
- Other relatives
The personal representative of the estate can also file a wrongful death claim. Each person may file a claim or combine the claims into one lawsuit.
How Do I Prove Liability for a Wrongful Death in Henderson?
A wrongful death may be caused by intentional torts, or it could fall under strict liability laws. However, negligence is the most common cause of wrongful deaths. A party fails to meet a standard of care required for a given situation. Their omissions or acts lead to the death of another person.
Proving negligence in a wrongful death case requires evidence establishing each legal element.
Proving a party was negligent requires you to demonstrate the following:
- Duty – The party who caused your family member’s death owed your loved one a legal duty of care
- Breach of Duty – The party breached their duty by failing to act with the same level of care that a reasonable person would have used in the situation
- Causation – The breach of duty was the direct and proximate cause of your family member’s death
- Damages – You incurred damages because of your loved one’s death
The evidence used to prove wrongful death depends on the type of case and the circumstances surrounding the death. However, evidence often includes eyewitness and/or expert testimony, as well as photographs and videos of the accident and accident scene. Evidence may also include toxicology reports, police reports, medical records, and employment records.
What Damages Can I Receive in a Wrongful Death Case in Henderson, Nevada?
The types of damages you may receive in a wrongful death claim differ from a personal injury case. The damages are defined by statute.
Heirs in a Nevada wrongful death claim can recover compensation for:
- The cost of the funeral and burial
- Medical bills the deceased incurred between the date of injury and their death
- Pain and suffering the deceased experienced before death
- The loss of care, support, society, and consortium
- The loss of future earnings the deceased would have earned
A jury may also award punitive damages in a wrongful death lawsuit. Punitive damages do not compensate the family for actual damages, even though they receive the money. Instead, juries award punitive damages to “punish” a defendant for intentional acts, gross negligence, and willful or wanton behavior.
Can My Family Member’s Shared Fault Impact My Damages in a Nevada Wrongful Death Lawsuit?
A few states bar damages if the victim contributed to the cause of their injuries or death. However, Nevada is not one of those states. Instead, Nevada uses a modified comparative negligence rule for personal injury and wrongful death cases.
If your loved one is more than 50% to blame for the cause of their fatal injuries, your wrongful death claim is barred. If they were 50% or less at fault, you can proceed with a claim for damages. However, the damages are reduced by the percentage of responsibility your loved one had for contributing to the cause of their death.
An insurance company or at-fault party may try to unjustly shift the blame for the accident to your loved one to avoid paying damages. Our wrongful death attorneys in Henderson are familiar with this tactic and are prepared to fight back to protect you and your family.
What Is the Statute of Limitations for Wrongful Death Claims in Nevada?
The deadline to file a wrongful death lawsuit in Nevada is set by law. The statute of limitations for most cases is two years. The time begins with the date of the victim’s death, which may or may not be the same as the date they sustained the fatal injuries.
Exceptions and factors in your case could change the deadline to file a wrongful death claim. Therefore, you should seek legal advice as soon as possible. Furthermore, giving your Henderson wrongful death lawyer as much time as possible to evaluate and prepare a case is better than rushing to file a lawsuit.
What Does It Cost to Hire a Wrongful Death Lawyer in Nevada?
Our attorneys at J. Cogburn Car Accident and Personal Injury Lawyers work on a contingency fee basis. We don’t charge retainer fees for families filing wrongful death claims. Instead, we agree to accept a percentage of the amount we recover for your case. Therefore, hiring a Henderson wrongful death attorney does not cost any money upfront. You pay attorneys’ fees only after we win your case.
Schedule a Free Consultation With Our Experienced Henderson Wrongful Death Lawyers
Our legal team at J. Cogburn Car Accident and Personal Injury Lawyers consists of trusted Nevada lawyers. We’ll provide sound legal advice and compassionate support throughout your case. Contact us to request a free case review with an experienced Henderson wrongful death attorney.
