Las Vegas Wrongful Death Lawyers

Dedicated to Helping You & Your Family Navigate This Challenging Time

Losing a loved one is emotionally devastating. At Bertoldo Carter Smith & Cullen, we 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 Las Vegas wrongful death attorneys can help stabilize your emotional and financial state by pursuing legal action against the person who caused your loss and working to recover the damages you deserve. We know that no amount of financial recovery can make up for the loss you have endured, but it can provide you with the ability to heal and move forward and offer a sense of much-needed justice for you and your family.

Jump to any section on this page by clicking a topic from this menu:

• What is Wrongful Death?
• Monetary Compensation in Wrongful Death Suits
• How Our Lawyers Can Help You
• Work-Related Wrongful Death Cases
• Who Can File a Wrongful Death Claim in Nevada?
• Statute of Limitations
• Do I Really Need an Attorney?
• Schedule a FREE Consultation
• Frequently Asked Questions

Are you seeking justice after the loss of a loved one? Call Bertoldo Carter Smith & Cullen today at (725) 567-0612 or contact us online to explore your legal options!

What Is Wrongful Death?

The Nevada legislature defines wrongful death as the death of a person caused by the neglect or wrongful act of another. Wrongful death can occur any time another person is negligent in their behavior, leading to the loss of life of another person. Seeking the guidance of a wrongful death attorney near me can help you understand your options.

A wrongful death claim serves as a fundamental aspect of civil law to address grievances and losses suffered by surviving family members. This legal provision helps hold negligent parties accountable for their actions and offers financial recourse for families burdened by the unexpected death of a loved one.

Some examples of wrongful death include fatalities caused by:

• Airplane accidents
• Bicycle accidents
• Boating and watercraft accidents
• Bus accidents
• Car accidents
• Construction accidents
• Defective drugs
• Domestic violence or assault
• DUI accidents
• Equipment malfunction
• Fire accidents
• Helicopter accidents
• Manufacturing accidents
• Medical malpractice
• Motorcycle accidents
• Pedestrian accidents
• Products liability accidents
• Slip and fall accidents 
• Taxi accidents
• Truck accidents
• Unsafe premises 
• Workplace accidents 

Although wrongful death can occur as a result of several different factors or events, in Nevada, the top five causes of wrongful deaths last year included (starting with the most common cause):

• Traffic Accidents (Including Car, Motorcycle and Truck Accidents)
• Fires
• Poisoning
• Falls
• Drowning 

Wrongful death claims are not only a means of financial recovery but also serve as a deterrent, encouraging safer practices and behaviors among individuals and entities. Establishing accountability sends a message that negligent actions leading to the loss of life will face serious repercussions.

If you have lost someone to the mistakes of a negligent party, our wrongful death attorneys can help you develop a strategic case to pursue financial recovery and justice.

Monetary Compensation in Wrongful Death Suits

The loss of a loved one is tragic, devastating, and painful. While nothing can compensate grieving families in such dark times, the law does entitle them to seek financial compensation from any party whose negligence, recklessness, or carelessness contributed to or directly caused a wrongful death.

In Las Vegas, Nevada, state law (NRS 41.085) dictates that decedents or personal representatives of an individual who sustained a wrongful death are legally entitled to compensation for:

• Funeral costs and burial expenses
• Loss of future companionship 
• Loss of future financial support the deceased provided
• Any outstanding medical expenses regarding treatments the deceased received before death
• Pain and suffering

Additionally, punitive damages may be pursued in cases where the defendant's actions were malicious or egregious. These damages are intended as a form of punishment and to discourage similar conduct in the future. However, securing such compensation requires a detailed presentation of evidence and a robust understanding of the legal framework surrounding wrongful death claims in Nevada.

Our team will guide you through the complexities of calculating these damages accurately, ensuring all applicable factors are considered in your claim. By working closely with financial experts, we strive to illustrate the profound impact of your loss in both human and financial terms.

How Our Firm Can Help You

A wrongful death suit in Nevada is brought in civil court and considered a civil law remedy. This means that you can bring a wrongful death suit against someone who intentionally killed a loved one, even if they are already facing criminal charges handled by the state. Our Las Vegas wrongful death attorneys understand how difficult it is to lose a loved one. Our compassionate approach to delivering results begins with shifting the stress of your wrongful death claim away from your family and onto our attorneys.

Our team believes in a comprehensive strategy involving thorough investigations, gathering extensive documentation, and consulting with various experts to fortify your position. Each claim begins with a critical assessment of your unique circumstances, enabling us to tailor our approach to meet your needs best while prioritizing your well-being.

With decades of experience in holding negligent drivers, medical professionals, and property owners responsible for their role in causing the deaths of our client’s loved ones, we begin each claim by uncovering the evidence necessary to prove your unique case can stand up inside and outside of the courtroom. Our experienced wrongful death lawyers have the necessary experience to handle these complex claims, and our track record provides hope for other families who have felt the same loss and are seeking answers in the form of financial recovery. Our attorneys often partner with experts and professionals who can help obtain evidence and produce testimony to strengthen your claim.

We often work with the following experts:

• Forensic specialists
• Medical professionals
• Law enforcement authorities
• Accident reconstruction experts
• Private investigators
• Product engineers

Furthermore, we acknowledge the overwhelming nature of legal procedures during such emotionally taxing times. Our team aims to provide legal and emotional support, offering a compassionate environment where you can express your concerns and find solace in our guidance.

Even when there are no criminal charges against the person or party you believe caused your loved one’s untimely death, this does not mean that they cannot be found responsible for their negligence in civil court. Similarly, a criminal defendant who is found not guilty of causing your loved one’s death can still be found liable for your damages through your wrongful death claim. This famously happened in the case against O.J. Simpson.

Our wrongful death attorneys have produced multimillion-dollar settlements and jury verdicts for our clients after they have lost a loved one to negligence. We can help you pursue justice for your loss, too. The first step is scheduling a free consultation. Learning more about your wrongful death claim will allow our lawyers to design a personalized strategy to move forward with our investigation, allowing you to take the time you need to grieve. At the same time, we do the legal work for you.

Work-Related Wrongful Death Cases

In the state of Nevada, the Division of Industrial Relations and the Nevada workers’ compensation laws compensate workers and their families for wrongful deaths that occur in the workplace. If you have lost a loved one in a work accident, our workers’ compensation attorneys can help you pursue action against the employer and their insurance company for the financial settlement you deserve as a result of your loss.

Work-related wrongful deaths often present additional complexities due to regulations governing workplace safety and insurance claims. Understanding the interaction between occupational safety regulations and legal rights is crucial for navigating these cases effectively. Our team is well-equipped to handle the specific challenges of workplace accidents.

Furthermore, pursuing justice in these cases often involves interactions with various regulatory bodies and understanding the intricacies of workers' compensation insurance. Our attorneys are adept at examining employer responsibilities, safety violations, and the role of third-party collaborators to build a comprehensive case for compensation.

Who Can File a Wrongful Death Claim in Nevada?

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 certain family members related in the specific order listed.

Family members who can pursue a wrongful death claim include the deceased’s:

• Surviving spouse or partner
• Child/children
• Parents, where there is no surviving spouse, partner, or child present

If other individuals, including stepchildren, depended on the deceased person, they may be eligible to file a wrongful death claim. Our Las Vegas wrongful death attorneys can help determine your eligibility in filing this civil claim with the Nevada courts.

These claims also consider the deceased's financial dependents, which may include immediate family members and sometimes more distant relatives or individuals who relied on their support. Documenting the nature and extent of dependence can significantly affect the outcome of a claim, a process where our attorneys' meticulous attention to detail shines through.

Nevada Wrongful Death Statute of Limitations

Is there a statute of limitations on wrongful death claims in Nevada? Yes, the statute of limitations for filing a wrongful death claim is two years from the date of the decedent’s death. You must contact our wrongful death attorneys and pursue a claim quickly, as the clock begins and ends within that specific timeframe.

Acting promptly is crucial, as evidence can degrade and witness memories fade. Preparing for a wrongful death claim requires careful documentation, and timely legal action ensures that all aspects are handled with precision and care.

Do I Need a Wrongful Death Attorney?

Wrongful death claims require proof of negligence. 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 in a criminal court, but the process is demanding and requires an experienced legal approach to prove successful.

While you are not legally required to work with an attorney, having an experienced legal team on your side can make a massive difference in the outcome of your case. At Bertoldo Carter Smith & Cullen, we have been representing victims of negligence and their surviving families since 1985. We understand the process and how the system works and are prepared to protect your best interests every step of the way.

An attorney's presence not only assists in understanding complex legal documents but also brings strategic insights into negotiating with insurance companies and opposing counsel. Our team's extensive courtroom experience provides a robust foundation for advocating effectively on your behalf.

Contact Our Las Vegas Wrongful Death Attorneys Today 

Schedule a free consultation today and learn more about how to proceed with your case. Our Las Vegas wrongful death attorneys will review your claim, investigate your case, and determine the best approach to help you recover financially.

Let our Las Vegas wrongful death lawyers guide you through the legal process with compassion and commitment—contact us now.

Frequently Asked Questions

How Long Does a Wrongful Death Claim Take to Resolve?

The duration of a wrongful death claim can vary significantly, depending on several factors. These include the complexity of the claim, the necessity of gathering extensive evidence, and whether the parties involved are willing to negotiate or litigate. On average, claims can take several months to several years to resolve. During the initial stages, a claim involves filing and notification processes. Subsequently, there may be a period of investigation and discovery where evidence is collected and expert testimonials are sought. If the case proceeds to trial, the timeline extends further, encompassing court proceedings and potential appeals. Each step in the process requires strategic planning and meticulous attention to detail tailored to the specific circumstances of the claim.

What Damages Can Be Recovered in a Nevada Wrongful Death Case?

In Nevada, the damages recoverable in a wrongful death case can be categorized into economic and non-economic damages. Economic damages refer to financial losses, such as lost wages, medical expenses incurred before death, and funeral costs. Non-economic damages include compensation for pain and suffering, loss of companionship, and emotional distress experienced by surviving family members. Punitive damages may also be pursued in cases of extreme negligence or willful misconduct, serving as a deterrent against similar future conduct by the defendant. The assessment of damages considers multiple aspects, ensuring comprehensive recognition of the loss suffered by the family.

What Is the Role of a Personal Representative in a Wrongful Death Claim?

A personal representative plays a pivotal role in a wrongful death claim, acting on behalf of the deceased's estate and other beneficiaries. This individual is typically appointed by the court to manage the deceased's estate, which includes initiating and pursuing the wrongful death claim. Responsibilities may include gathering necessary documentation, coordinating with legal counsel, and negotiating settlements. The personal representative ensures that the interests of all entitled parties are represented appropriately throughout the legal proceedings. Choosing a reliable and competent personal representative is crucial to navigating the complexities of the wrongful death process efficiently and effectively.

Can a Wrongful Death Claim Be Filed If the Deceased Had No Will?

Yes, a wrongful death claim can still be filed even if the deceased did not have a will. Nevada law provides a framework for determining who can file the claim in such cases. Typically, the claim may be filed by the deceased’s surviving spouse, children, or parents. If none of these individuals are available, other dependents or personal representatives may have the standing to initiate a claim. The absence of a will necessitates careful adherence to probate laws to ensure the equitable distribution of recovered damages among rightful heirs.

How Is Fault Determined in a Wrongful Death Case?

Determining fault in a wrongful death case involves a thorough investigation of the circumstances surrounding the death. Police reports, expert testimony, and witness accounts are analyzed to ascertain negligence or misconduct. It is the responsibility of the plaintiff's legal team to establish a breach of duty by the defendant, which directly led to the death. Comparative negligence may apply in Nevada, where fault may be distributed among parties. Therefore, establishing a robust, evidence-based narrative is vital to proving fault and securing just compensation for the deceased’s family.