Q & A: Wrongful Death
Losing a loved one is emotionally devastating, and the Las Vegas, NV wrongful death attorneys at Bertoldo, Baker, Carter & Smith know the only thing more painful is losing a loved one because of another’s negligence. The loss of companionship is tragic, and the unforeseen financial complications can become paralyzing when medical bills, funeral costs, and loss of support become overriding factors after the death of your loved one. Our attorneys can help stabilize your emotional, physical and financial state by pursuing the person who caused your loss and the damages you deserve.
Wrongful Death FAQs
Q: What is wrongful death?
A: The Nevada Legislature defines wrongful death as the death of a person caused by the neglect or wrongful act of another.
Q: What are some examples of wrongful death claims?
A: Wrongful death can occur any time another person is negligent in their behavior, leading to the loss of life of another person.
Some examples of wrongful death can include:
- Manufacturing accidents
- Medical malpractice
- Construction accidents
- Products liability accidents
- Auto, truck, or motorcycle accidents
- Airplane and helicopter accidents
- Pedestrian accidents
- Bicycle accidents
- Fire accidents
- DUI accidents
- Boating and watercraft accidents
- Transportation, including bus and taxi accidents
- Negligent driving accidents, including texting while driving
If you have lost someone you love, and believe their illness, injuries, or immediate death was caused by a negligent party, our wrongful death attorneys can help you develop a strategic case to pursue the financial recovery you and your family deserves.
Q: What if my loved one’s death was the result of a work-related accident? Does wrongful death still apply?
A: In the State of Nevada, the Division of Industrial Relations, and the Nevada Workers’ Compensation Laws, compensate workers and their families for wrongful death claims that occur in the workplace. If you have lost a loved one in a work accident, our workers’ compensation attorneys can help you pursue the employer and their insurance company for
the financial settlement you deserve as a result of your loss.
Q: Who can file a wrongful death claim?
A: Nevada State Law outlines wrongful death claims and limits the civil, legal pursuit of recovery to a personal representative of the deceased’s estate and family members, related in the specific order listed.
Those family members include the deceased’s:
- Surviving spouse or partner
- Parents, where there is no surviving spouse, partner, or children present
If there are other individuals who depended on the deceased person at their time of death, including stepchildren, they may be eligible to file a wrongful death claim. Our attorneys can help determine your eligibility in filing this civil claim with the Nevada courts.
Q: If eligible to file a claim, what wrongful death benefits are available to survivors?
A: Wrongful death cases are often lengthy and complicated but partnering with an attorney can help expedite the process, and ensure your family is seeking the maximum financial recovery available for your claim.
Our recovery compensation efforts can include:
- Medical expenses, when the deceased suffered from an injury or illness prior to their passing
- Funeral and burial expenses
- Lost wage expectations the deceased would have provided
- Loss of benefits, including insurance and retirement earnings
- Loss of companionship, care, and affection previously supplied by the deceased
In some rare cases, punitive damages can be awarded to the family if their loved one’s loss can be proven as extremely reckless or malicious. Our attorneys will review every angle of your case to envelope your complete settlement needs.
Q: Is there a statute of limitations on filing a wrongful death claim in Nevada?
A: Yes. The statute of limitations for filing a wrongful death claim is two years from the date of the decedent’s death. It is imperative that you contact our attorneys and pursue a claim quickly, as the clock begins and ends within that specific timeframe.
Q: Why do I need an attorney to pursue a wrongful death claim?
A: Wrongful death claims require proof of negligence to pursue in a Nevada court. While you and your family may believe the accused is responsible for the loss of your loved one, it must be proven in a civil court. The burden of proof may be lower in a civil court than it is in a criminal court, but the process is demanding and requires an experienced legal approach to prove successful.
Call our experienced and compassionate wrongful death attorneys at Bertoldo, Baker, Carter & Smith in Las Vegas, NV today at (702) 832-0513 to schedule a free consultation and discover the best way to proceed with your case. Our attorneys will review your claim, investigate your case, and determine the best approach available to help you recover financially.