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Las Vegas Wrongful Death Attorney

When someone dies because of another person’s negligence, recklessness, or unlawful act, the law refers to it as “wrongful death.” 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 need to seek legal help. Come see our Las Vegas wrongful death attorneys at Claggett & Sykes Law Firm.

Who Can File for Wrongful Death

A life cut short isn’t always grounds for a wrongful death lawsuit. While still a tragedy, the death must have stemmed from someone else’s negligence or intent to harm to qualify as a wrongful death. It is possible to 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. In Nevada, only certain parties can file for the wrongful death of a loved one. These include:

  • Surviving spouse or domestic partner
  • Surviving adult children
  • Parents of the decedent, if no surviving spouse or children exist
  • A personal representative of the decedent’s estate

If an individual can demonstrate to the courts that he or she was dependent on the deceased person at the time of death, the courts may allow this person to file the claim. This includes siblings, stepparents, and children who are not related to the decedent. The plaintiff must file for wrongful death within two years of the date of death for the courts to hear the case. Speak with an attorney if you are in doubt about whether you have the elements of a wrongful death suit.

Is a Wrongful Death Suit Worthwhile?

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 won’t take back what happened or heal the hole in your family. It can, however, provide financial security for your family’s future. It can also hold 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. The courts may also award punitive damages in the event of gross negligence or criminal actions – an extra amount of compensation meant to punish the defendant.

There is currently no damage cap on a wrongful death claim, unless it stems from medical malpractice. There is a medical malpractice (now called “professional negligence”) cap of $350,000 for non-economic damages. Contact our personal injury attorneys in Las Vegas for more information about your specific wrongful death claim in Las Vegas.