Nevada Wrongful Death Lawyer
Fighting for Families Seeking Justice
Why Hire a Wrongful Death Lawyer?
Hiring a wrongful death lawyer can be extremely beneficial to your case. Lawyers who handle wrongful death cases bring knowledge of claims procedures, the Nevada Wrongful Death Act, and the state’s liability laws to the table, increasing your chances of winning your lawsuit. Additionally, people who hire lawyers to handle their claims get three times more money than plaintiffs who handle their cases on their own. Wrongful death attorney Stephen Osborne has been helping victims like you recover compensation since 1992, and our law firm has recovered millions in compensation on behalf of clients.
What are the Most Common Types of Wrongful Death Accidents?
Motor vehicle crashes, workplace accidents, nursing home negligence, and medical malpractice are common types of accidents that cause wrongful deaths. Pedestrian accidents are likewise common causes of wrongful deaths due to inattentive or intoxicated drivers. If you believe another party caused your loved one to die, wrongful death lawyer Stephen H. Osborne can evaluate your case to determine whether you have a viable wrongful death claim.
Motor Vehicle Accidents
Motor vehicles accidents are common in Reno, and unfortunately, they are sometimes deadly. Auto collisions involving commercial trucks often cause fatalities due to the sheer size and weight of the vehicle. A wrongful death lawsuit may be appropriate if the at-fault driver operated the vehicle while intoxicated, was speeding, or was driving distracted and caused a car crash or a pedestrian accident.
Workplace accidents are common in the construction and transportation industries. Electrocutions, falls from heights, and motor vehicle accidents often result in fatalities. Although employers in Nevada can only rarely be sued directly for workplace fatalities, surviving family members can file a workers’ compensation claim or a wrongful death lawsuit against a third party to recover compensation.
Nursing Home Negligence
Wrongful death caused by nursing home negligence and abuse continues to occur, despite federal and state laws in place to increase the quality of care received by the elderly. Severe bed sores, improper placement of breathing (e.g., tracheostomy) or feeding tubes, malnutrition, slip and fall accidents, and mismanagement of medication result in countless fatalities in Nevada nursing homes each year.
Motorcycle collisions frequently result in severe injuries and death. Motorcyclists do not have a sturdy automobile frame to protect them in a collision with another automobile. While helmets and protective clothing offer some protection, bikers are no match for larger passenger vehicles. If the motorcycle is hit by a car or truck, the motorcyclist can suffer significant injuries, resulting in permanent disabilities or death.
Medical malpractice in emergency rooms and hospitals sometimes results in serious injury or death. Sepsis, failure to provide adequate post-operative medication or treatment, improper intubation, surgical mistakes, and other medical errors can be fatal. A wrongful death attorney can evaluate your case and determine if medical errors caused your loved one’s death.
Who Can File a Wrongful Death Claim in Nevada?
Wrongful death claims in Nevada can be filed by the heirs or personal representative of the decedent (the person who passed away). Heirs include surviving spouses or domestic partners, children, dependents, or parents. Representatives of the decedent are those who can legally act on behalf of the decedent. Wrongful death lawyer Stephen H. Osborne can help you understand how to file a wrongful death claim and help you receive the maximum amount of compensation you are entitled to receive.
Surviving Spouses or Domestic Partners
Surviving spouses or domestic partners may file a wrongful death claim against the person or company responsible for their loved one’s death. If you fall into this category and your wrongful death claim is successful, you may be entitled to compensation to ease the financial and personal burden of losing your spouse or partner. Types of damages to which you may be entitled include loss of consortium and companionship, pain and suffering, grief, or sorrow.
Surviving Dependents or Children
The decedent’s surviving dependents or children can bring a wrongful death suit. If the decedent’s children or dependents are minors, the court may appoint a representative to act on the children’s behalf. Dependents and children include stepchildren or other non-biological dependents that were under the decedent’s care in certain situations.
Dependents and children of the decedent may file an individual wrongful death claim or file a claim together. Wrongful death attorney Stephen H. Osborne can help you determine the legal option that is best for your situation.
Personal Representative of the Decedent’s Estate
Personal representatives of the decedent’s estate may file a wrongful death claim. A personal representative is someone who can legally act on behalf of the decedent. Someone can be a personal representative by default under Nevada law, or based on a legal document signed by the decedent, such as a will, trust, or power of attorney. Personal representatives may maintain a separate wrongful death action against the wrongdoer, or may “join” the claim with claims filed by the decedent’s heirs.
Who Can Be Held Liable for Fatal Accidents?
- Doctor or hospital
- Nursing home
What Damages Can Surviving Families Recover in Wrongful Death Lawsuits?
- Medical Expenses. If your loved one received medical care before his or her death, you may be entitled to compensation to cover the cost.
- Funeral and burial expenses. Your loved one’s estate may be entitled to compensation for funeral and burial expenses.
- Pain and suffering. An award of pain and suffering serves as compensation for the suffering endured by your loved one.
- Loss of probable support. This is compensation for the loss of financial support because of your loved one’s death.
- Loss of society, companionship, and comfort. These damages serve to compensate you for the human cost of your loss.
- Punitive damages. If intentional or reckless acts caused a death, punitive damages may be imposed to punish the wrongdoer.
When to Talk to a Wrongful Death Attorney
Surviving family members are encouraged to speak with a wrongful death attorney as soon as possible to avoid missing the deadline to file a wrongful death lawsuit. Under Nevada law, surviving family members and personal representatives must file a wrongful death lawsuit within two years of the person’s death. If you fail to hire a wrongful death lawyer and take legal action before the deadline, you could be barred from recovering compensation for your losses.
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FAQs About Nevada Wrongful Death Lawsuits
No. Though both involve someone who has died, wrongful death and criminal murder cases are different types of cases.
Prosecutors file murder and homicide cases in criminal court and typically seek a conviction and a prison sentence.
Wrongful death lawsuits are filed in civil court by private parties (e.g., heirs or personal representatives of the person who died) because their loved one has passed away due to a fatal accident or injury. In wrongful death cases, the person who filed the lawsuit is seeking damages and does not have to meet the high burden of proof required in criminal cases to have a valid claim.
Wrongful death lawyers are private attorneys that bring lawsuits on behalf of surviving family members or the deceased’s personal representative.
If you have a wrongful death claim against another person or business, you can file the case even if criminal charges are not filed. Criminal cases have a higher burden of proof than wrongful death cases, so it is possible for there to be a wrongful death claim without criminal charges.
You may be able to file a wrongful death claim even if criminal charges are filed against the responsible party. You are encouraged to speak with a wrongful death attorney to discuss your rights.
It depends. Discovering the cause of your loved one’s death, and determining who is at fault, may be a lengthy process. In a medical malpractice case, for example, your wrongful death lawyer may want to review medical records from before and after the accident, interview nurses and doctors, and gather other necessary information.
What Type of Injury Lawyer Do You Need?
At the Law Office of Stephen H. Osborne, we take on the most complicated accident and injury cases, and win. What type of injury lawyer do you need?