This is why having wrongful death attorneys on your side is ideal. They understand the administrative tasks that come after such a tragedy, and they can deal with insurance companies to help ensure justice is done. And if the responsible party or their insurer isn’t willing to do what’s right, lawyers understand the legal process and how to move forward. Nevada law provides very specific protections for those who need to file wrongful death claims, so don’t hesitate to contact Murphy & Murphy Law Offices for a free consultation today.

Understanding Las Vegas Wrongful Death Claims

Personal injury law covers a variety of legal claims — from motor vehicle collisions to slips and falls, medical malpractice to dog bites, and train accidents to burn injuries. Almost every case under the personal injury umbrella, regardless of the specifics, involves an individual who was injured due to another person’s negligence, recklessness, or other wrongful act. However, most of these cases focus on individuals who were injured but survived their ordeal. Wrongful death is the component of personal injury law that covers people who weren’t lucky enough to pull through.

There is nothing that can fully prepare a person for the emotional weight that a loved one’s death can bring. Prior planning through wills, trust funds, and life insurance can all ease some of the burdens, but no legal or financial document will spare surviving friends and family the inner pain of losing a loved one. If you believe that a relative died as the result of a preventable issue, you may be eligible to recover compensation to help during your trying time. Once you feel ready to proceed, you can rely on Las Vegas wrongful death attorney Craig Murphy to guide you through the difficulties ahead.

Is Every Death Potentially a Wrongful Death Lawsuit?

The legal term “wrongful death” is far more specific than its broad and subjective wording might suggest. Similar to any other personal injury claim, the responsibility of proving the case is on the individual who files the lawsuit. This means the surviving spouse or other loved one must show that the death arose from the negligent behavior or reckless actions of another party (e.g., individual, company, etc). In wrongful death suits, attorneys have to prove that this inaction or deliberate behavior was the primary catalyst behind the victim’s death.

It is a common misconception that wrongful death cases and criminal cases are one and the same. Wrongful death cases are, in fact, civil suits — which can certainly be paired with criminal lawsuits — but civil and criminal cases are distinct entities. In Las Vegas, if a person dies as the result of a car collision, slip-and-fall accident, or even a shooting, criminal cases can commence against the driver, the property manager, or the gunman respectively. Wrongful death suits could accompany these criminal cases, and the benefit of this pairing is that an acquittal in one has no bearing on a “guilty” verdict in the other.

Are Some Wrongful Death Cases More Common in Las Vegas?

In Las Vegas and its suburbs, recent years have proven to be among the deadliest this century. Including the tragedy at the Route 91 Harvest Festival in Paradise, the Las Vegas Metropolitan Police reported that 264 deaths by homicide occurred in the Las Vegas region as well as unincorporated areas of Clark County that year. Even without the catastrophe on October 1, there were 171 deaths that just barely surpassed the record of 168 fatalities set one year earlier. Of course, not every single one of these homicides has the potential to spur a wrongful death lawsuit. Still, those that involved accidental shootings or excessive force by police officers may be eligible.

In addition to firearm- and violence-related deaths, the state of Nevada is home to hundreds of traffic fatalities each year. In 2021, there were 382 deaths in motor vehicle collisions and accidents across the state. This is a disheartening increase from the 291 traffic fatalities just seven years earlier. It made national news when annual deaths peaked in 2016 with 329 fatalities, but near-yearly increases have dwarfed that previous high. There are also tragic statistics when we look at pedestrian accidents. Even as the Nevada Department of Transportation takes measures in order to improve road safety, pedestrians and drivers alike in the Las Vegas metro area still have to remain aware of the risks out on the road.

Pedestrian and traffic deaths may be exceptionally high in the area, but you might just as easily see a wrongful death claim in court that has nothing to do with either. The specifics of each and every case will dictate the eventual outcome, and you should never just assume that you don’t have a claim worth pursuing. You could end up facing funeral and burial expenses, medical bills, loss of support, and many other issues due to the reckless behavior of another. Make sure you speak with a Ventura personal injury attorney prior to making any decisions that could affect your ability to get compensation.

What Other Types of Wrongful Death Cases Appear in Las Vegas Courts?

Wrongful death attorneys in Las Vegas see many cases that occur far from Sin City’s stress. For instance, medical errors are a major contributor to unnecessary deaths every year. Doctors take the Hippocratic oath to demonstrate their commitment to treating the sick, and while most doctors in Nevada honor this commitment, there are some who fall short. Deliberate neglect or accidental oversight by any healthcare professional can result in injury or death. An emergency medical technician may fail to take note of a significant wound, an anesthesiologist can over-prescribe medication, or a doctor may misdiagnose an ailment and instruct nurses to administer the wrong type of treatment.

It’s a sad fact, but medical malpractice and wrongful death lawsuits often go hand in hand. They both involve some of the same criteria and fall under the personal injury umbrella. As an experienced wrongful death attorney will explain to you, however, Nevada laws differ with regard to the amount that relatives of the deceased can receive in compensation. In wrongful death lawsuits — according to the Nevada Revised Statutes — relatives can seek damages according to a number of different factors. There’s actually no clearly defined limit to compensation levels.

With regard to medical malpractice, however, Nevada’s residents voted in 2004 for a cap of $350,000 on non-economic damages. The Nevada Supreme Court then upheld this limit in 2015. This difference in potential payouts is stark — particularly since any wrongful death accident leads to the exact same tragic outcome. Because of these nuances, surviving family members may not know how to proceed. This is why you should seek advice from a personal injury attorney. They can help you decide whether a wrongful death claim or medical malpractice case is more appropriate.

What Else Should I Know About Filing a Wrongful Death Suit in Las Vegas?

As any Las Vegas wrongful death attorney will inform you, the statute of limitations in the state of Nevada to file a wrongful death case is two years after a death. Of course, there is no time limit on how long it can take for the family of a deceased person to recover emotionally. Even with this being the case, attempting to file a wrongful death claim after that two-year window has closed will likely result in the dismissal of the lawsuit. And even if that deadline doesn’t expire, waiting to file a claim following wrongful death accidents can cause problems.

That’s because evidence has a tendency to simply vanish over time. There may be no maliciousness in this fact at all. Witnesses can move away, evidence can degrade, and memories can fade. Even if you end up able to recover medical expenses, lost wages, and other compensatory compensation — the loss of evidence could remove the potential for receiving punitive damages. A million different issues can arise as time passes, so the best thing you can do is reach out to an attorney to handle your wrongful death claim. Spouses, partners, parents, children, and even a personal representative may have the standing to file such a case.

The important thing to remember is that establishing an attorney-client relationship now can benefit you moving forward.

Contact An Experienced Wrongful Death Lawyer in Las Vegas

If you decide to pursue a wrongful death claim, the law firm you choose can make a major difference in the eventual outcome. The primary goal is to help you receive compensation for things such as medical expenses, lost wages, funeral costs, loss of benefits, and even non-monetary losses. The path to a favorable verdict, though, is never clear-cut. You need an attorney with years of experience in wrongful death claims and Nevada law. That’s exactly what you’ll get when you work with Murphy & Murphy Law Offices.

Craig Murphy is a dedicated wrongful death attorney in Las Vegas and has decades of experience navigating the complexities of all personal injury case types. You’re understandably going through a difficult time right now, and monetary compensation might be the last thing on your mind. That’s why it’s so important to reach out for help to recover damages. Your legal team can handle all the heavy lifting while you grieve — this way, you won’t give up any of your rights due to statutes of limitation or other time constraints.

Contact the wrongful death lawyers at Murphy & Murphy Law Offices today at (702) 369-9696. During your free consultation, we’ll help you better understand your rights and what financial compensation you may be entitled to because you shouldn’t have to seek justice for your loss all on your own.