Words can never truly describe the devastation families experience after the sudden death of a loved one, especially if someone else’s negligence caused it. Preventable deaths can happen in Las Vegas due to a host of causes, including distracted drivers, defective products, and irresponsible property owners, to name just a few.
In the aftermath of a tragic death, it’s common for families to feel overwhelmed with grief while simultaneously struggling with major financial challenges. Although taking legal action cannot undo the loss that they’ve suffered, pursuing a wrongful death claim can provide them with a degree of justice and some critical financial support to help them through a trying time.
If you lost a family member to a preventable accident in Las Vegas, connect with a Las Vegas wrongful death lawyer that has the skills and resources to pursue justice and compensation on your behalf. At Edward Bernstein and Associates, we’ve been fighting for accident victims and grieving families in the broader Las Vegas community for over 40 years. Contact us to learn how we can help you.
Las Vegas Wrongful Death Guide
- What Constitutes a Wrongful Death Under Nevada Law?
- Compensation Available in a Las Vegas Wrongful Death Claim
- Who Can File a Wrongful Death Claim in Las Vegas?
- Examples of Wrongful Death Cases We Can Handle
- Proving Negligence in a Wrongful Death Case
- How We Can Help in Las Vegas Wrongful Death Cases
- How Much Does a Las Vegas Wrongful Death Lawyer Cost?
- Two Key Considerations After a Tragic Death in Las Vegas
- Contact an Experienced Las Vegas Wrongful Death Lawyer Today
Skilled, Compassionate Wrongful Death Lawyers in Las Vegas
Pursuing any personal injury lawsuit is always a serious and complicated undertaking, but the stakes are never higher than when seeking compensation for wrongful death.
This is why it is critical to hire an attorney you can trust with your family’s wrongful death case in Las Vegas.
At Edward Bernstein and Associates, our goal is to navigate the legal system on behalf of Las Vegas families facing some of the most challenging and stressful moments of their lives. Our clients in wrongful death cases often struggle with the idea of placing a monetary value on the life of someone they lost.
Our compassionate team understands that challenge and strives to secure the money spouses and families in mourning need to pay expenses and rebuild from loss. We have extensive experience handling wrongful death cases and know how to protect you and your loved ones from the strategies insurance companies and defense lawyers deploy in resisting claims.
What Constitutes a Wrongful Death Under Nevada Law?
Nevada law defines wrongful death as any death directly caused by the reckless or negligent behavior of another, whether intentional or not. Negligence means the failure to act with a reasonable or ordinary degree of care, resulting in harm to another person. Reckless behavior extends beyond ordinary negligence, such as doing something with a wanton disregard for the safety of others.
Wrongful death can happen instantly during the incident itself or at a later time when the victim passes away from the injuries they sustained. While it’s possible for a wrongful death to result from illegal or criminal actions, this is not required in order to pursue a wrongful death damages claim.
Nevada’s wrongful death law, Revised Statute § 41.085, states, in part:
“When the death of any person, whether or not a minor, is caused by the wrongful act or neglect of another, the heirs of the decedent and the personal representatives of the decedent may each maintain an action for damages against the person who caused the death.”
A wrongful death lawsuit is a legal claim seeking financial damages from the party or parties who caused a wrongful death.
While no amount of money can ever equal a human life, Nevada’s wrongful death laws allow a family to seek justice, accountability, closure and the financial security they need by holding someone responsible.
Compensation Available in a Las Vegas Wrongful Death Claim
In Nevada, a wrongful death claim typically consists of two separate, but related components—claims on behalf of the deceased victim’s surviving heirs, and claims on behalf of the deceased victim’s estate (sometimes referred to as a survival action).
Heirs may claim compensation for:
- Loss of the victim’s earnings and financial support
- Loss of the victim’s companionship, society, guidance, or consortium
- A surviving spouse’s or family member’s grief or sorrow
- The victim’s pain and suffering prior to death
The victim’s estate may claim payment for:
- Medical and other expenses related to injuries that led to death
- Any other damages claim the victim could have pursued had the victim not died
- Funeral and burial expenses
The potential value of your wrongful death claim in Las Vegas will depend on the specific factors of the case, such as the deceased person’s projected future earnings, contributions to the family, age and life expectancy, and the circumstances surrounding the death.
Are There Damage Caps on a Nevada Wrongful Death Case?
A damage cap is a legally imposed limit on how much financial compensation a claimant is able to recover in a personal injury or wrongful death case. In Nevada, the law places caps on damages awarded only in certain types of cases:
- Medical malpractice lawsuits: there is a limit of $350,000 in noneconomic damages (pain and suffering) in medical malpractice wrongful death cases.
- Claims against the government: in any claim against a government entity in Nevada, damages are capped at $100,000. They also may not include punitive damages.
- Punitive damages: the limit on punitive damages is three times the total amount of compensatory damages if they exceed $100,000, or $300,000 if compensatory damages are less than $100,000.
A Las Vegas wrongful death attorney can go into detail about any damage caps that may apply to your case based on the circumstances. Then, your lawyer can use proven legal strategies to maximize your family's financial recovery as much as possible.
Who Can File a Wrongful Death Claim in Las Vegas?
In Nevada, only the victim’s heirs (typically a spouse, domestic partner, child, or other dependent) or a representative of the deceased person’s estate can file a claim for wrongful death. In some cases, the victim’s parents, siblings, or grandparents may have the legal right to pursue a wrongful death claim.
At Edward Bernstein and Associates, we have years of experience representing grieving heirs and legal estates in wrongful death lawsuits. Contact us today to learn about how we might help you after your loved one dies in a Las Vegas accident.
Examples of Wrongful Death Cases We Can Handle
A wrongful death can occur in Las Vegas in a virtually unlimited number of ways. However, at Edward Bernstein and Associates, we find that most wrongful death cases we handle fall into one of just a handful of categories. Our team routinely represents clients in wrongful death cases arising out of the following scenarios.
Motor Vehicle Accidents
According to the Nevada Department of Transportation (NDOT) crash data, motor vehicle accidents caused the deaths of at least 253 individuals in Las Vegas over a recent five year period. Vehicle passengers and pedestrians accounted for most of those fatalities.
Las Vegas traffic accidents regularly result from the wrongful actions of someone other than the victim who dies. Common contributing factors in fatal Las Vegas crashes include failures to yield a right of way at an intersection, driver impairment, speeding, driver distraction, and dangerous lane departures.
At Edward Bernstein and Associates, we have extensive experience handling motor vehicle accident matters, and we fight to make sure families of deceased victims receive fair compensation for their loss.
Premises Liability Accidents
Las Vegas property owners and occupants owe a duty to ensure the safety of anyone who visits their premises. But unreasonably dangerous conditions at residential, commercial, and public properties throughout Las Vegas regularly lead to the deaths of innocent victims.
At Edward Bernstein and Associates, we can pursue wrongful death damages on behalf of victims who died after suffering injuries from, for example:
- Falls onto hard surfaces or from high heights
- Construction site accidents such as being crushed by heavy machinery or struck by a falling object
- Fires due to faulty wiring, flammable materials, or gas leaks
- Acute or long-term exposures to toxic chemicals or materials like asbestos
- Drownings in swimming pools
- Violent crime such as mass shootings or assaults
Our team has the knowhow and resources to hold even the most powerful Las Vegas property owners accountable for failing to keep visitors safe. Contact us today to learn more.
Defective Products
We should be able to trust that the products we use every day at home, school, and work will function as intended and not put us in danger. But sadly, products containing flaws because of their designs, manufacturing processes, or lack of warning labels regularly cause fatal injuries to innocent users.
Wrongful deaths can result from defects in items as varied as:
- Automotive parts
- Over the counter and prescription medications
- Toys
- Food
- Home appliances
- Building materials
- Medical devices
- Work equipment
- Safety gear
These are just a few examples. At Edward Bernstein and Associates, we advocate aggressively on behalf of victims of defective products, and hold manufacturers strictly liable under Nevada law when defective goods cause a tragic, preventable death.
Work Accidents
Some workplaces in Las Vegas can prove fatal for unsuspecting workers. In 2022, 60 workers in Nevada lost their lives in work-related accidents. While industries such as construction and transportation are inherently more dangerous than others, a wrongful death claim could be brought on behalf of a worker who was killed in any industry if that death was caused by negligence.
Even if the decedent’s employer was not negligent, surviving family members may be eligible for death benefits through Nevada’s workers' compensation program. If the decedent was a covered employee, beneficiaries could receive payment for funeral expenses and lost wages. A workers’ comp attorney can help your family seek maximum financial relief through all available outlets for the tragic death of your loved one while at work.
Proving Negligence in a Wrongful Death Case
Negligence is the legal doctrine used in most wrongful death cases to hold someone liable for a preventable loss of life. In a legal context, someone is negligent if he or she does not act in the same manner that a reasonably prudent person would in the same circumstances. Proving negligence is the plaintiff’s burden in a wrongful death case.
Establishing the defendant’s negligence in a wrongful death case takes compelling evidence of four elements:
- Duty of care: the defendant had a legal obligation to protect the decedent from harm by exercising a reasonable amount of care.
- Breach of duty: the defendant fell short of his or her duty of care through a careless, reckless or wrongful act or omission.
- Causation: the defendant’s breach of the duty of care was the actual or proximate cause of the fatal injury or illness.
- Damages: the plaintiff(s) suffered real and compensable losses because of the decedent’s death, such as financial losses and emotional harm.
The plaintiff or filing party must provide enough evidence to show that the defendant more likely than not caused the decedent’s death through a negligent act or omission. This burden of proof is known as a “preponderance of the evidence.” A Las Vegas wrongful death attorney can help your family prove a claim by finding and obtaining key pieces of evidence for you.
How We Can Help in Las Vegas Wrongful Death Cases
Whether you’ve lost someone because of a negligent truck driver, dangerous property condition, or defective product, the Edward Bernstein and Associates team can help you understand your legal options for demanding justice and fair compensation. Nothing can take away the pain of your loved one’s untimely death, but the legal process can play a role in helping your family have more security for the future.
Wrongful death lawsuits can be complex, especially when a case involves a business or insurance company with lots of resources to spend on its legal defense. At-fault parties and their representatives use aggressive tactics to deny liability or pay claimants as little as possible.
At Edward Bernstein and Associates, our team of wrongful death attorneys is passionate about supporting our clients during every step of the claims process. We aim to give you the peace of mind that your legal rights are protected, so that you can focus on healing and rebuilding from your loss.
Every wrongful death case we handle is as unique as the life that was lost through someone’s wrongful actions.
We possess the full range of skills necessary to pursue the strongest possible case on our clients’ behalf, which may include:
- Acting quickly to preserve our client’s rights by collecting evidence or appearing in court on their behalf
- Investigating the circumstances of a wrongful death, with the help of medical or forensic experts when necessary
- Serving as our client’s representative in dealing with the media or official investigators
- Handling all communications with insurance companies on our client’s behalf, so that they do not need to answer calls from aggressive adjusters
- Analyzing the full extent of our client’s economic and non-economic damages, to ensure that any action we take seeks maximum compensation
- Filing strong, well-documented lawsuit and insurance claims in our clients’ name
- Negotiating with insurance companies and defense lawyers to achieve a fair settlement of our client’s claim
- Going to trial in a Las Vegas courtroom to prove our client’s case to a judge and jury
- Collecting funds due to our clients from a settlement, judgment, or jury verdict
At Edward Bernstein and Associates, we also understand that the death of your loved one may have put you under financial strain. That’s why we try to make it as easy and affordable as possible for you to connect with us.
We offer a free consultation to anyone in Las Vegas who wants to learn about their rights after the tragic loss of a loved one in a preventable accident. In a consultation, a knowledgeable member of our team can answer your questions and explain your options. You will never owe us a penny for that meeting, even if you choose not to hire us to handle your wrongful death case.
We also regularly represent our clients in wrongful death cases on a contingent fee basis, which means our fee consists only of a percentage of the money we succeed in recovering on our clients’ behalf. We don’t charge upfront or by the hour for our work. We only get paid if our clients get paid.
How Much Does a Las Vegas Wrongful Death Lawyer Cost?
At Edward Bernstein and Associates, we understand the financial distress that comes with a sudden death in the family. We don't wish to add any stress to families that are already in mourning. For this reason, we keep our fees affordable and accept wrongful death cases on a contingency fee basis.
This payment arrangement means we don't charge our clients unless we win the case and secure them financial compensation. We do not charge any fees upfront for our services. If your case does not result in a positive insurance settlement or jury verdict, you won't pay a dime for the work we provided on your claim.
If we do succeed in securing your family financial compensation for the death of a loved one, we will charge our fee as a percentage of the amount won. That way, you never have to worry about paying for a high-quality attorney out of pocket. The amount of our fee percentage will depend on the case, such as whether or not it goes to trial.
Two Key Considerations After a Tragic Death in Las Vegas
It’s common to feel overwhelmed in the aftermath of the untimely death of your loved one. But it’s also important to remember that the actions you take during that time can affect your legal rights. That is why we strongly urge you to connect with Edward Bernstein and Associates today for a free consultation. The knowledge you can gain in a conversation with one of our knowledgeable, compassionate legal professionals can help keep your interests protected.
In the meantime, you may also want to take these two key considerations into account.
You Cannot Trust Insurance Companies to Treat You Fairly
Multiple insurance companies may have an obligation to pay for your losses after your loved one’s accidental death in Las Vegas. Your loved one may have carried life insurance for example. The at-fault party’s liability insurance likely covers at least some of your losses as well. And if your loved one died at work, workers’ compensation insurance may owe you benefits.
But just because insurance companies have an obligation to cover your losses does not mean they will do so. Sadly, they will often instead try their best to avoid paying what they owe. Insurers facing a large wrongful death liability may try to pin blame for an accident on your deceased loved one, for instance. Or, they may directly offer you a quick settlement that falls far short of the amount you have the right to receive.
Do not trust any insurance company to do right by you in the wake of your loved one’s death. Instead, leave interactions with any insurer to a skilled attorney who represents your interests and knows how to protect you from the tactics insurers use to try to avoid paying what they owe.
You Don’t Have Any Time to Lose
In Nevada, you have at-most two years from the date of your loved one’s death to take legal action seeking compensation. And you might have just a few months. If you miss a legal deadline, you could lose your rights to compensation. This is the law under Nevada Revised Statutes § 11.190(4), known as the statute of limitations. This law states:
- NRS 11.190 Periods of limitation. Except as otherwise provided in NRS 40.4639, 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows:
- 4. Within 2 years:
- (e) Except as otherwise provided in NRS 11.215 or 11.217, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another.
- 4. Within 2 years:
In general, the clock on the statute of limitations begins on the date of the victim’s death rather than the date of the accident, if these two dates differ. However, there are exceptions to the rule that can extend or shorten the filing window. If you wish to bring a wrongful death claim against a government entity in Las Vegas, for example, you have just 180 days.
Speaking with an experienced Las Vegas personal injury lawyer immediately protects you from making a costly mistake. It also puts you in the best position possible to navigate official investigations, avoid the stress of dealing with insurance companies, and secure critical evidence to prove your case.
Contact an Experienced Las Vegas Wrongful Death Lawyer Today
Nothing can replace the loss of your loved one in a Las Vegas accident. But by pursuing a wrongful death claim, you may get critical financial support to assist you in managing your expenses and rebuilding from your tragic loss.
Edward Bernstein and Associates wants to help. We have decades of experience advocating on behalf of grieving families like yours. Contact us today at (702) 840-5103 for a free consultation about your rights and options.