Las Vegas Wrongful Death Lawyer

You can hold someone accountable for a wrongful death by pursuing a wrongful death lawsuit. Do this by reaching out to our lawyers at Benson & Bingham. Those eligible to file a lawsuit include children, a spouse, or the representative of the estate. Your case will go through an investigation phase and a negotiation phase before becoming a legal lawsuit. If the settlement offer is fair, the process stops there. If not, you and your lawyer can bring your case to court.

This is the best part: hiring an experienced wrongful death attorney at Benson & Bingham costs you nothing upfront. Instead, your lawyer only receives a portion of the compensation you recover, so you never have to pay out of pocket. The percentage depends on several factors including whether the lawsuit is settled or goes to trial, whether you or a family member is an active member of the military, or whether we elect to take your case pro bono. During our free initial consultation, our attorneys explain the fees and walk you through what to expect if you choose to file a wrongful death claim. Contact us for a free case evaluation today and gain a clear understanding of what lies ahead and what your options are to obtain justice.

To win a wrongful death claim, you must provide evidence that shows who was responsible, how their actions caused the death, and the losses that resulted. Contracts, agreements, business records, or laws can establish that the person owed a duty of care. Police reports, photos, videos, and witness statements can demonstrate a breach of that duty. Medical bills and funeral costs can document damages, while accident reconstruction experts can help link the death directly to the breach in duty.

You are not required to have an attorney at your side when pursuing a wrongful death lawsuit but it can be extremely beneficial. A wrongful death lawyer can be crucial to obtaining the best possible compensation and outcome in your case. They can evaluate how much compensation you deserve, negotiate with insurance representatives for that amount, gather evidence to prove you have a valid claim, and represent you in court. All of these things can be challenging to do on your own, especially given the nuances of Nevada law.

Nevada operates under a modified comparative negligence law which means even if your loved one was partially at fault, they can still recover damages, as long as they were below 50% at fault. The compensation will be reduced by the percentage of fault, however. So if your loved one was 20% at fault and the compensation is $3,000,000, it will end up being $2,400,000.

Pecuniary loss is the financial loss you experience after your loved one’s source of income is removed due to their death. The attorneys at Benson & Bingham are skilled at evaluating this amount. They typically start by looking at lost income, loss of household services (childcare, cooking, cleaning, etc), funeral and burial expenses, and more. They will look at projected earnings, life expectancy, work expectancy, and the value they offered to contribute to household work. Experts will typically run the numbers, but an experienced Las Vegas wrongful death attorney can give you an accurate ballpark estimate based on your circumstances.

Negligence is one of the most important parts of wrongful death claims. In Nevada, if negligence was not present, you likely will not be able to recover any damages from a wrongful death. Negligence can mean simple carelessness or a severe disregard to safety. In either situation, you will have a claim, though they may work differently and involve different complexities. If you believe your loved one experienced a wrongful death at the hands of negligence, reach out for an evaluation of your case today and we will help you.