Henderson Wrongful Death Lawyer
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Understanding Wrongful Death Law In Nevada
Losing someone close to you always leaves a gaping hole in your life, whether it’s a spouse, a child, or a parent. Filing a wrongful death claim against the party that caused their death will not bring back your loved one, but it can provide some of the funds you need to help rebuild your life, especially if the deceased individual provided the primary source of income for your household. If you lost a loved one in an accident due to someone else’s negligence, contact our Henderson Wrongful Death Lawyers today at (702) 463-2900.
What Is Considered Wrongful Death?
Any death that is caused by wrongful or negligent acts of another person, company, or entity may be considered wrongful death. In Nevada, wrongful death claims are pursued when a loved one dies due to someone else’s negligence or wrongful act. Some common wrongful death cases involve medical malpractice, auto accidents, product liability, and workplace injuries. If you have lost one of your family members in Henderson as the result of negligence or wrongful conduct, then it’s important to speak with an experienced wrongful death lawyer who understands Nevada law and can help you get the compensation you deserve.
Who Can File a Wrongful Death Claim?
To file a wrongful death claim, you must have a close relationship to the deceased. Generally, the people who file wrongful death claims include spouses, children, or the parents of an adult child who relied on that child for financial or physical support. In some cases, other individuals who relied financially on the deceased may also have grounds for a wrongful death claim; however, the more distant the relationship, the more difficult your family will find it to file a wrongful death claim. You can only file one wrongful death claim per deceased individual, even if the deceased bore financial responsibility for a wide range of people. Ideally, the individual with the closest relationship to the deceased should file the claim.
Nevada Wrongful Death Statute Of Limitations
While the wrongful death statute of limitations in Nevada is two years from the date of death, the statute of limitations becomes three in cases of medical malpractice. If you fail to file your wrongful death claim within that time period, you may be unable to pursue it and receive compensation for your loss. We understand how difficult this process can be and we are here to help guide you through every step.
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Why Hire Our Henderson Wrongful Death Attorneys?
Our Skilled and Compassionate Attorneys Will Help You Obtain Compensation
We understand the pain and suffering wrongful death can cause. That’s why our accidental death lawyers are committed to providing you with compassionate legal representation. We will help guide you through every step of the wrongful death claim process and ensure that your rights are fully protected at all times. Our team has over 25 years of experience successfully handling wrongful death cases in Henderson, and we are here to help you get justice for your loved one. Contact us today for a free consultation.
What Types Of Damages Can I Recover From A Wrongful Death Claim?
What Compensation Can You Claim When You Lose a Loved One?
Lost Wages & Loss
Of Future Income
Did your loved one provide the primary income for your family? What about financial support to parents or other family members? You can include that income as part of your wrongful death claim.
Family Members’
Grief & Sorrow
Losing a loved one is not easy, and even though you did not experienced the accident yourself, you are not excempt from pain. You may be entitled to compensation for your mental anguish, grief, and sorrow from the wrongful death.
Medical &
Funeral Expenses
If your loved one did not die immediately, you may have a stack of medical bills related to the accident. You can claim compensation for those medical bills, including in-home care or ongoing hospitalization after the accident.
Loss Of Companionship
When you lose a loved one, you also lose their companionship and support. As part of your claim, you can include loss of support and guidance for minor children, loss of emotional support and companionship, and even loss of consortium. Talk with a lawyer to better understand how loss of companionship can impact your claim.
Loss Of Consortium
In addition to financial support, most individuals take care of many things around the home. A husband might take care of yard maintenance or cooking, while the wife might take responsibility for taking care of the children. The loss of those services can place a substantial financial burden on surviving family members: for example, the average cost of childcare per month sits at just under $1000. In many cases, you must now pay for those services, which you can include as part of a wrongful death claim.
Pain & Suffering Of The Decedent Prior To Death
Did your loved one die instantly, or did your loved one suffer? The so-called survival claim covers your loved one’s pain and suffering before their death. Spinal cord injuries, amputations, and organ trauma, for example, could cause substantial pain and suffering before claiming your loved one’s life.
Meet Our Experienced Team Of Lawyers
Our wrongful death lawyers in Henderson have over 25 years of experience successfully handling wrongful death cases. Our team is committed to providing you with compassionate legal representation and will fight diligently on your behalf for the compensation you deserve. Contact us now to learn more about wrongful death claims and what types of damages you can recover. We are here to provide you with knowledgeable legal advice, compassionate support, and dedicated representation throughout every step of the claim process.
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Henderson’s Most Trusted Attorneys For Wrongful Death Cases
Client Testimonials
I suggest using Benson & Bingham if you’re in need of an injury accident attorney! They have an amazing staff and made the entire process easy and stress free handling my case with compassion and a remedy of great efficacy!
I picked this place and I’m so glad that I did. Ida was very helpful and professional. If I had questions they were answered. I would definitely use them again in the future and I would definitely recommend them to anyone. Thank you for your service I appreciate it.
What I love about Benson & Bingham, especially from my attorney, Lina, I felt informed and cared for my health. She made sure I was ok at all times through my injury. I hate I had the accident, but it was comforting to know I was well taken care of.
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Award-Winning Wrongful Death Law Firm In Henderson
Benson & Bingham: Extensive Experience With Wrongful Death Cases
When you choose a wrongful death attorney, you want one with extensive experience in a variety of personal injury cases. At Benson & Bingham Accident Injury Lawyers, LLC, we have helped many of our clients seek substantial compensation from the responsible party in their accidents, including many wrongful death cases. Take a look at our past results:
Total Settled By Verdicts For Clients
Benson & Bingham’s Henderson lawyers have collectively recovered $500,000,000 in total for personal injury and wrongful death claims. We understand how devastating the loss of a loved one can be, and we are here to help you get justice for your wrongful death case.
Wrongful Death: Parking Lot Accident
Our wrongful death lawyers in Henderson have successfully recovered $425,000 for wrongful death caused by a parking lot accident. Our attorneys are committed to providing knowledgeable legal advice, compassionate support, and dedicated representation.
Wrongful Death: Maximum Policy
Our experienced wrongful death attorneys will provide compassionate yet aggressive legal representation and fight diligently on your behalf to get you the compensation you deserve. Contact us now to learn more about wrongful death claims and what types of damages can be recovered.
Visit Our Henderson Wrongful Death Law Firm Near You
Las Vegas, NV 89123
We understand how difficult it can be to deal with the loss of a loved one, which is why we focus on providing considerate legal representation and will fight diligently on your behalf for the maximum amount of compensation possible. Contact our law firm near Henderson today.
What Must I Prove To Succeed In a Henderson Wrongful Death Lawsuit?
The At-Fault Party Owed The Deceased a Duty Of Care
If you are pursuing a wrongful death claim in Henderson, it is important to understand what must be proven to succeed. First, the at-fault party must have owed the deceased a duty of care. This means that they had the responsibility to take precautions to prevent any harm befalling others and failed to act with reasonable care or caution, which lead their negligent actions in causing the wrongful death.
There Was A Breach In The Duty Of Care That Lead To The Deceased’s Death
The second element to prove in wrongful death cases is that the at-fault party breached their duty of care. This means that they did not act with reasonable care or caution, and their wrongful actions resulted in wrongful death. The third element required to succeed in a wrongful death case is proving that the breach of duty caused the wrongful death. In order for you to be awarded damages, it must be proven that the breach of duty was the direct cause of your loved one’s passing.
Proof Of Economic & Non-Economic Damages Experienced By The Family
Finally, the last element to prove in wrongful death cases is that damages resulted from the wrongful death. This includes both economic and noneconomic damages, such as medical bills, funeral expenses, lost wages, pain and suffering, and loss of companionship.
Common Causes Of Wrongful Death Scenarios In Henderson
Typically, if your loved one would have had grounds for a personal injury claim had they lived, their surviving loved ones have grounds for a claim after their death. If your loved one caused the accident, on the other hand, you may not have grounds for a claim. For example, if your loved one caused an auto accident, you cannot file a claim with the other party’s insurance company, even if that individual survived the accident.
Construction Accidents Or Unsafe Work Conditions
Due to the nature of the place, construction sites offer many opportunities for accidents to happen, and unsafe work conditions or a lack of proper safety precautions can lead to wrongful death.
Fatal Motor Vehicle Accident
Car accidents can also be a common cause of wrongful death in Henderson. Unsafe driving practices, such as speeding and texting while driving, are often the cause of wrongful death. When an at-fault driver’s negligent actions result in wrongful death, the victim’s family may be able to pursue wrongful death claims.
Nursing Home Abuse Or Neglect
Nursing homes have a legal obligation to provide reasonable care for their residents, and when they fail to do so, wrongful death may occur. In cases where nursing home abuse or negligence is to blame, wrongful death claims may be pursued in order to seek justice and compensation for the wrongful death of a loved one.
Defective Machinery or Equipment
Faulty products such as vehicles, medications, toys and medical devices, may result in wrongful death if the manufacturer did not properly design, create, or inspect their products before releasing them to the public.
Product Liability Accidents
If a defective product’s design, manufacturing process, or warning labels were inadequate or misleading, wrongful death claims may be pursued against the company responsible for producing these dangerous products.
Pedestrian Accidents
Pedestrian accidents can also result in wrongful death. Motorists have a legal obligation to drive responsibly and obey traffic laws so as not to put other people’s safety at risk. When this fails, wrongful death may be the result.
Medical Malpractice
Medical malpractice or negligence can also be a common cause of wrongful death in Henderson. When doctors, nurses, or other medical professionals fail to provide competent and reasonable care while treating patients, an accidental death may occur as a result.
Boating Accidents
Boating accidents involve the operation of a motorized vessel, resulting in injury or death due to an inexperienced or reckless operator, an overcrowded vessel, or defective/poorly maintained equipment.
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FAQs About Henderson Wrongful Death Claims
Who Is Eligible To File A Wrongful Death Claim In Henderson?
Even though the whole family may feel the loss of a loved one, only a few may file a wrongful death claim. They are: the personal representative of the deceased’s estate and the intestate heirs, which are the spouse and children and, in case there are none, the parents.
Is A Wrongful Death Claim Different Than A Criminal Trial?
Yes, wrongful death claims are civil cases, while criminal trials involve a prosecutor holding the accused liable for their actions. In wrongful death claims, the family of the deceased can seek compensation from the party responsible for the wrongful death.
Do You Need An Attorney For A Wrongful Death Claim In Henderson?
You are not bound to hire a lawyer, but consulting with an experienced wrongful death lawyer is highly recommended in wrongful death cases. Your wrongful death lawyer can evaluate your case and advise you on how to proceed in order to maximize your chances of recovering fair compensation for wrongful death damages.
In the Event Of Wrongful Death Should I Contact The Insurance Company First?
No, wrongful death cases are complex and should be handled by an experienced wrongful death lawyer. Attempting to handle a wrongful death claim without the help of an attorney can result in you receiving far less than what you are due. Your wrongful death lawyer will be able to negotiate with the insurance company on your behalf to ensure that you receive fair compensation for wrongful death damages.
Additionally, wrongful death lawyers understand how wrongful death law functions in Henderson and can navigate the legal process on your behalf so that you can focus on mourning your loved one’s loss. Contacting a wrongful death lawyer is the best way to protect yourself and ensure that justice is served for your loved one.
Do You Have Grounds For A Wrongful Death Claim?
Following the death of a loved one, you have many things to deal with and many bills to pay. Do you have grounds for a wrongful death claim? Several elements come into play to determine who can file a wrongful death claim.
How Do I Start A Wrongful Death Lawsuit In Henderson?
In order to start a wrongful death lawsuit in Henderson, you will need to file a wrongful death complaint with the court. Your wrongful death lawyer can help you prepare and file the wrongful death complaint and provide guidance throughout the rest of the wrongful death litigation process.
Are Punitive Damages Recoverable In Wrongful Death Actions?
Yes, wrongful death laws in Henderson allow for punitive damages to be recovered in wrongful death actions. Punitive damages are awarded on top of the wrongful death damages and are meant to punish the defendant for their wrongful conduct. An experienced wrongful death lawyer can help you seek punitive damages as part of your wrongful death lawsuit and ensure that justice is served.
How Much Does A Wrongful Death Lawsuit Cost?
The cost of a wrongful death lawsuit in Henderson will depend on the complexity and duration of the case. Our wrongful death lawyers offer free consultations to evaluate wrongful death cases and can provide you with a better understanding of what your wrongful death lawsuit might cost.
How Do You Prove Negligence In A Wrongful Death Case?
In order to prove negligence in a wrongful death case, you must show that the defendant failed to take appropriate steps to prevent your loved one’s injury and wrongful death. An experienced wrongful death lawyer can help you gather evidence and build a strong case for wrongful death damages. Our wrongful death lawyers have extensive experience handling wrongful death cases in Henderson and are committed to helping families seek justice for wrongful deaths. Contact us today for a free consultation and learn more about how we can help with your wrongful death case.
Which Family Members Can Claim A Wrongful Death Case?
In Henderson wrongful death laws, immediate family members are entitled to recover wrongful death damages. Immediate family members include spouses, children, parents or siblings who can demonstrate financial dependency on the wrongful death victim. Non-immediate relatives such as extended family members may also be able to claim wrongful death damages if they can demonstrate that they were dependent on the wrongful death victim. An experienced wrongful death lawyer can help you determine which family members are eligible to claim wrongful death damages and how to go about filing a wrongful death lawsuit.
Read More On Wrongful Death Law Inside Our Personal Injury Blog
Contact Benson & Bingham Wrongful Death Lawyers For A Personalized Case Consultation
If you lost a loved one due to another party’s negligence, you may need an attorney to fight on your behalf. At Benson & Bingham Accident Injury Lawyers, LLC, our Henderson personal injury lawyers will start with a free consultation to get a better idea of your loved one’s accident and your claim. We understand that funds may be tight after the death of a loved one, so we offer convenient payment arrangements that will help you seek the compensation you deserve. Contact Benson & Bingham Accident Injury Lawyers, LLC today at 702-463-2900 to start the process of seeking compensation for your loss.