Wrongful Death

Las Vegas Wrongful Death Attorneys

Strategic, experienced representation when you experience the loss of a loved one

When someone dies because of another person’s negligence, recklessness, or unlawful act, the law refers to it as “wrongful death.” This means that the loss of life was wrongful in that reasonable care could have prevented it from happening. In these tragic situations, surviving family members may be able to recover for financial and non-economic damages that result from the death.

These losses include burial and funeral costs, medical bills, and loss of the deceased person’s contributions to beneficiaries. If you believe you have a wrongful death claim in Las Vegas, you absolutely need to seek legal assistance. And the Las Vegas wrongful death attorneys at Claggett & Sykes Law Firm can help. We’ve handled high-profile wrongful death cases all the way through trial and against large corporations. You can call our offices any time, and we don’t charge a fee unless we win. Let us take this overwhelming load off your shoulders and allow you and your family to take the time you need to grieve, while we skillfully handle your case.

Client Testimonial

“I've had experience with other law firms in Las Vegas, and Claggett & Sykes was far better in every way. I would and have recommend them to others. I was very happy with the outcome of my case.” - Pierre F.

What is wrongful death?

Wrongful death is a death that results from negligence, recklessness, or an intentional or wrongful act. A wrongful death action is a civil action taken when a loved dies due to another’s negligent or wrongful behavior. Although wrongful death laws differ from state to state, generally the surviving children, spouse, or dependent may file a claim after losing a loved one.

You may file a wrongful death action regardless of any criminal case against the person responsible, and regardless of the outcome of any criminal case. Civil actions also have a lesser burden of proof than criminal trials. The attorneys at Claggett & Sykes can explain the difference in more detail.

What are the most common types of wrongful death cases?

Thousands of circumstances can lead to wrongful death suits. When a person, business, or other entity is negligent or responsible for a victim’s death, we can file a wrongful death claim. If you are unsure about fault or negligence involving the death of your loved one, contact us immediately for a thorough case review. We can help ensure your family’s financial security in the years to come and give you the legal advice you need.

In our experience, some of the most common incidents and accidents leading to wrongful death include:

When a loved one was in an accident leading to death, contact an experienced wrongful death attorney for a case review. Filing a wrongful death suit is like filing a personal injury claim, except the injured victim is not available to file the claim. The victim’s immediate family will be the ones seeking damages.

Who can file a wrongful death claim in Nevada?

Unfortunately, a life cut short isn’t always grounds for a wrongful death lawsuit. For a successful claim, the death must have stemmed from someone else’s negligence, or intent to harm, to qualify as a wrongful death. And, as we talked about earlier, you can pursue a civil wrongful death claim at the same time as an ongoing criminal case for homicide. The criminal charge will punish the offender, while the civil suit will compensate surviving family members after with a wrongful death settlement.

Here in Nevada, only heirs of the deceased person and the estate of the deceased person can file for the wrongful death of a loved one. This can include:

  • Heirs, such as a surviving spouse or domestic partner
  • Heirs such as surviving children
  • Heirs such as parents of the decedent, if no surviving spouse or children exist
  • A personal representative of the decedent’s estate

If you are in doubt about whether you have a wrongful death claim, get the legal advice you need from one of our Las Vegas personal injury attorneys. An award-winning trial lawyer from Claggett & Sykes will be by your side to secure the justice you need after losing a loved one.

What damages are available in a Las Vegas wrongful death claim?

If a loved one dies in an accident involving neglect, recklessness, or the fault of another party, it is important that you call an experienced attorney to review the circumstances. In Nevada, there is a two-year statute of limitations for filing a claim after the victim’s death, so contact an attorney as soon as possible. Generally, if you file a lawsuit after that two-year period, the court will dismiss your lawsuit. Contacting us as soon as you can helps us develop the most compelling case possible.

Under Nevada’s wrongful death statute, NRS 41.085, heirs and the estate can only recover specific types of damages in a wrongful death claim. For example, only the estate may recover medical expenses of the decedent, funeral expenses, and punitive damages. Heirs may recover damages for grief and sorrow, loss of support, companionship, society, comfort, and consortium. Heirs may also recover damages for any pain and suffering of the decedent before they died.

Another statute, NRS 41.100, called the survival statute, provides another avenue of recovery for different types of damages for the heirs and personal representatives of the estate. Determining who can recover what types of damages can become complex and requires an experienced wrongful death attorney.

If there is a criminal or intentional element involved with your loved one’s death, you may also be able to collect punitive damages. These are typically awarded in cases involving illegal, negligent, or reckless behavior on the part of the defendant. Punitive damages are a civil remedy and are punishment for bad conduct resulting in a victim’s death. Nevada law does not have a cap on allowed damages for wrongful death suits, involving all cases except medical malpractice.

Our attorneys understand the intricacies of filing wrongful death claims and will ensure your case is properly represented in trial or settlement. Contact us as soon as possible so the best team can represent you. We will help your family begin the healing process and compassionately provide the legal representation you deserve.

Do I need a Las Vegas wrongful death attorney?

After a traumatic death in the family, the last thing you may want to think about is the legal process of a civil lawsuit. Yet this action could be the best possible move for your family. We know a lawsuit can’t take back the tragedy that happened to your family. It can, however, provide closure and stability for your family’s future. It can also hold the responsible parties accountable for their mistakes or criminal actions. If your claim involves something like a defective product, it could change the way the manufacturer operates – potentially preventing similar deaths. Speaking to an attorney can help you value your claim and learn whether it’s the right choice for your family. You may qualify for recovery of damages, such as loss of benefits to heirs, loss of companionship, loss of consortium, property damage, and mental anguish.

Contact our Las Vegas wrongful death lawyers today

If you lost a loved one to an accident resulting from negligence or recklessness of another individual or company, contact us for a free case evaluation. The attorneys at Claggett & Sykes Law Firm work tirelessly to uncover evidence and investigate accidents to help the victim’s family receive justice. Nothing will ever replace your loved one, but our experienced wrongful death lawyers can help you begin the healing process. To talk to a member of our team, call 702-333-7777 or fill out our contact form today.