Enterprise, NV Wrongful Death Lawyer

Losing a loved one is difficult, but it can be overwhelming if you lose someone because of the wrongful actions of another. You and your family deserve justice. Our legal team can help you sue the person responsible in a wrongful death case.

In Nevada, the heirs of the deceased person or their personal representative may bring a wrongful death lawsuit. Unfortunately, those who might be close to the deceased person but are not related likely cannot file the case. Evidence to support your claims for damages may include medical records regarding your loved one’s passing, witness testimony, and some proof of the defendant’s wrongful actions. Wrongful death cases are often worth substantial compensation, and you should contact an attorney for help right away.

Call Mitchell Rogers Injury Law at (702) 702-2622 and ask our wrongful death attorneys for a free case review to begin.

Who May File a Wrongful Death Lawsuit in Enterprise, NV?

It can be difficult to take legal action while mourning the loss of a family member. Even so, it is crucial to act fast. An attorney can help you determine if you are eligible to file the case.

Heirs of the Deceased

Two categories of plaintiffs may file wrongful death claims. First, those considered “heirs” of the deceased person are allowed to file a case. An heir is someone who would be legally entitled to inherit from the deceased person if they passed away intestate. This most often includes immediate family members, like parents, children, or spouses. More distant relatives might not be able to bring the case, even if they were especially close to the deceased person.

Personal Representatives

Second, someone who is the deceased person’s personal representative may file. A personal representative is usually someone named by the defendant in their will or someone appointed by the court to handle the deceased person’s legal affairs upon death. You do not have to be related to the deceased person to be named as the personal representative. If no personal representative is named and there are no eligible heirs, someone close to the deceased may petition the court to be appointed as personal representative.

What Evidence Do I Need to Sue for Wrongful Death?

As with any civil lawsuit, we need strong evidence to support your claims. Unfortunately, evidence can be difficult to find, and you need an experienced attorney to help you.

Medical Records

Our wrongful death attorneys need some proof that establishes the cause of your loved one’s passing. Their medical records are likely crucial to the case, and we should take steps to get them as soon as possible. Medical records can take time to compile, and we should communicate with the hospital and your loved one’s doctors sooner rather than later.

Witness Testimony

Witnesses may also be helpful, especially if your loved one was fatally injured in a public scene like a car accident. People who saw the defendant negligently cause the accident or otherwise inflict the injuries should be identified, located, and interviewed.

Proof of Wrongful Actions

We must have some evidence that the defendant’s actions were not only injurious to the deceased person but also wrongful. A wrongful act may be one that is usually committed negligently or intentionally. Sometimes, the wrongfulness of the defendant’s actions is obvious, but in others, it may be less clear.

FAQs About Wrongful Death Cases in Enterprise, NV

What is a Wrongful Death Claim?

A wrongful death claim involves someone filing a lawsuit against the person or people who wrongfully caused the death of a loved one, usually a family member. Often, a wrongful death case includes the economic losses and emotional distress of the surviving family in addition to claims the deceased person might have brought had they survived.

What Damages Can I Claim in a Wrongful Death Lawsuit in Enterprise, NV?

You may claim many damages related to the economic costs of your loved one’s passing, such as funeral costs, lost financial support, and the loss of costly services like caregiving or childcare. You can also claim the trauma, grief, and distress your family endures because of the loss. You may also claim damages in a survival action for the injuries and losses experienced by the deceased person between their injuries and when they died.

Who is Allowed to File a Wrongful Death Lawsuit in Enterprise, NV?

Generally, only people who are considered “heirs” to the deceased person or a personal representative may file a wrongful death case. An heir is someone entitled to inherit from a deceased person if they passed away without a will. An heir is usually an immediate family member, such as a spouse or child. A personal representative is someone legally appointed by the deceased person, usually in a will.

How Do I Prove Someone Caused My Loved One’s Wrongful Death?

Proving your claims requires evidence of your loved one’s passing and the defendant’s wrongful actions. We likely need your loved one’s medical records to help us prove the cause of death. We may need evidence from the scene of your loved one’s accident or the incident that caused their fatal injuries, like witnesses and security footage.

How Much Compensation Can I Get in a Wrongful Death Case in Enterprise, NV?

The compensation in each case may vary and is based on the unique circumstances surrounding the deceased person’s passing. Many wrongful death cases are worth significant financial compensation. Courts often struggle to compensate for such a loss adequately, and they are more likely to award higher damages.

Can I File a Wrongful Death Case if I am Not Related to the Deceased Person?

Maybe. Under the law, only someone who is legally considered an heir to the deceased person may file a wrongful death lawsuit. This usually limits eligible parties to immediate family members. However, a personal representative may be appointed, and they need not be related to the deceased. A close friend or even the deceased’s attorney could be named the personal representative.

When Can I File a Wrongful Death Lawsuit?

The statute of limitations for wrongful death claims in Nevada gives plaintiffs only 2 years from the date of their loved one’s passing to file a lawsuit. Remember, this time begins on the date of death, not necessarily the date that your loved one is initially injured.

Can Someone File a Wrongful Death Case if They Are Responsible for the Death?

Generally, no. If someone is deemed responsible for their loved one’s passing, they do not have a valid claim for wrongful death. If you want to file a wrongful death case but someone accuses you of being responsible, you should speak to an attorney immediately.

Call Our Wrongful Death Attorneys in Enterprise, NV for Legal Help Now