An Experienced Las Vegas Wrongful Death Attorney Explains How To Seek Compensation

When a loved one dies as a result of someone else’s negligence or intentional act, the surviving family members are emotionally devastated. During this confusing and painful time, Nevada families can enlist the help of a Las Vegas wrongful death attorney at Eric Blank Personal Injury Attorneys to navigate the complicated process of seeking compensation for wrongful death.

What Is A Wrongful Death Claim?

According to Nevada law, when a person dies due to the wrongful act or neglect of another person or entity, the decedent’s surviving family and personal representatives can sue the wrongdoer or the wrongdoer’s personal representatives for damages. The lawsuit is similar to a personal injury claim, except in this case, a Las Vegas wrongful death attorney will file the lawsuit for the family on behalf of their deceased loved one.

Who May Seek Damages?

Only family members may initiate a wrongful death lawsuit. Nevada law delineates the order in this manner:

  1. The spouse or domestic partner (if the decedent was married or in a legal relationship)
  2. The children

If there is no surviving spouse or children:

  1. The parents
  2. The siblings
  3. The closest surviving family member

What Are Examples Of Wrongful Death?

Wrongful death incidents include road accidents, workplace accidents, medical malpractice, nursing home abuse, dangerous or defective products, accidents that occur during supervised activities (such as school sporting events), and criminal violence.

This list is not all-inclusive, and families should speak to a Las Vegas personal injury attorney to see if their situation is eligible for a wrongful death lawsuit.

What Damages Are Included In A Wrongful Death Claim?

Typically, families seek compensation for pain, suffering, grief, loss of companionship, and loss of financial support if the victim worked. The victim’s estate may seek other expenses, such as funeral costs, medical bills, and compensatory and punitive damages. A Las Vegas wrongful death lawyer can help families understand their legal rights and guide them throughout the process of filing a lawsuit.

Is There A Time Limit To File A Lawsuit?

Yes. Nevada has a two-year window from the time of the decedent’s death in which to file a wrongful death lawsuit. Therefore, it is important that families contact a Las Vegas wrongful death attorney as soon as possible so that the attorney has time to determine liability and build a case.

Liability may rest with an individual, a product manufacturer, an employer, a government agency, or another entity. The wrongful death attorney will obtain police reports and medical records, speak to witnesses, and collect video surveillance and other relevant evidence to demonstrate the negligence or wrongdoing of the responsible party.

If necessary, the attorney will also interview experts for their testimony. For example, if the decedent died as a result of a defective product, the wrongful death attorney might seek the opinion of a professional engineer who is an expert on that product.

Is A Wrongful Death Lawyer Still Needed If The Insurance Company Says It Will Pay?

Absolutely. It’s an unfortunate fact that insurance companies frequently try to minimize payouts in wrongful death cases. Based on decades of legal experience, Eric Blank Personal Injury Attorneys does not recommend that families negotiate with insurance companies.

To ensure a fair settlement, Nevada families should rely on wrongful death lawyers in Las Vegas, who will deal directly with the insurance company, as well as with other entities or individuals that are ordered to recompense the family. In some instances, multiple insurance companies may be involved. A skilled wrongful death attorney will handle communications and deliberations with all the insurance companies to ensure a just settlement for the family.

Will The Lawsuit Go To Court?

It depends on whether or not the defendants accept the settlement the Las Vegas wrongful death attorney proposes. If a fair settlement cannot be reached through negotiation, the attorney will take the case to court. At court, the attorney will present the case to the judge and jury and advocate for the family to receive the compensation they deserve.

Better With Blank: In Memory Of Your Loved One, We Fight For Justice

Seeking compensation for a loved one’s wrongful death is a complex, time-consuming process. Although no amount of money can replace a human life, a settlement is one way for the family to find economic and psychological justice. If your loved one has died as a result of someone else’s negligence or intentional acts, please accept our sincere condolences. Our team at Eric Blank Personal Injury Attorneys is ready to fight for justice on your behalf and in memory of your loved one. In this difficult time, rely on us to protect your rights and handle your case. Call us today at (702) 222-2115 or fill out our online form.

Our staff speaks English and Spanish and will listen to you with sympathy and compassion. There is no cost to you to retain our firm, as we only collect a fee if we win your case.

Copyright © 2023. Eric Blank Injury Attorneys. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Eric Blank Injury Attorneys
7860 W Sahara Ave Ste. 110
Las Vegas, NV 89117
(702) 222-2115

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