Table of Contents
OUR EXPERTISE
Wrongful Death Lawyer in Las Vegas, Nevada
The unexpected and sudden death of someone we care for is a difficult time for friends and family, it is devastating and overwhelming for many. Often, the people dealing with such a loss want to understand whether someone is responsible. While no financial compensation can help with such a loss, pursuing a claim against those responsible can help to hold them accountable and, possibly, prevent future loss.
Contact a Las Vegas Wrongful Death Lawyer Today
The experienced team of wrongful death lawyers at Sandoval James & Walkenshaw can answer any questions you may have relating to making a wrongful death claim. One of the partners at our firm will personally sit with you and explain what to expect when pursuing such a claim.
Call us at (702) 291-8007 or contact us online to book a no-cost, no-obligation consultation with an experienced Las Vegas wrongful death lawyer today.
Call Now: (702) 291-8007
Consultations are completely free
How Does a Wrongful Death Lawsuit Result in a Claim?
In Nevada, wrongful death claims are brought under a specific Nevada law or statute, NRS 41.085.
This law identifies several factors that must be proven before the company or person who caused the death can be held liable. One of the factors when determining if a wrongful death case should be pursued is that the person or company that caused the death did so wrongfully or negligently.
How this is proven is unique to each case. However, the types of evidence used in wrongful death cases are very similar from case to case and include:
- Photos
- Videos
- Experts
- Doctors
- Other witnesses
Call Now: (702) 291-8007
Consultations are completely free
Situations That Typically Give Rise to a Wrongful Death Claim
While there are a virtually endless number of situations that can lead to a wrongful death claim, some are more common than others. The following is a list of occurrences that, from our experience, commonly lead to wrongful death claims:
- Pedestrian Accidents
- Construction Accidents
- Defective Products
- Defective medications
- Medical Malpractice
If one of these types of incidents leads to the death of someone you care for, you likely have questions.
Feel free to contact us with your questions and one of our attorneys will sit down with you to fully discuss your claim and what comes next.
Call Now: (702) 291-8007
Consultations are completely free
Who Can Make a Claim for Wrongful Death?
Under Nevada law, when a person or company wrongfully causes someone’s death, the family of the victim as well as the deceased person’s estate may pursue a settlement claim for compensation.
Most often, it is the deceased person’s spouse and/or children who bring a claim. However, the parents, siblings, or other closest living relatives may also be able to bring a wrongful death claim.
Unfortunately, while they may experience the loss just as sharply, neither the friends nor significant others of the deceased may bring a wrongful death claim. As a result, even a long-term boyfriend, long-term girlfriend, or fiancé can bring a claim.
Call Now: (702) 291-8007
Consultations are completely free
Types of Compensation Typically Awarded in Wrongful Death Settlement Claims
As the state bar of Nevada illustrates, the types of compensation that can be recovered by the family of the victim and by the estate of the victim are different.
The family of the victim that can make a claim, usually the spouse and the surviving children, can recover compensation for specific types of damages that are listed by the applicable Nevada law. They are:
- Grief or sorrow
- Loss of probable support
- Loss of Companionship
- Loss of Society
- Loss of Comfort and Consortium
- Damages for pain, suffering, or disfigurement of the decedent (the victim)
A Loss of Consortium claim is unique to the spouse of the deceased.
Loss of emotional support, companionship, and intimacy all fall under this category and can be claimed as well as any expenses for household services that the loved one would normally take care of himself or herself.
As it does for the victim’s family, the applicable Nevada law also identifies the types of damages that can be recovered by the victim’s estate.
Family members cannot recover these through their individual claims. So, if it has not already been done, an estate will need to be set up before a claim for these damages can be pursued.
Once the estate has been set up and a representative appointed, usually a family member or a licensed attorney, the estate can pursue a claim for certain expenses. The expenses a victims estate can pursue wrongful death in Nevada include:
- Certain medical expenses incurred by the victim before they passed,
- Costs and expenses associated with the victim’s funeral, and
- The estate may also recover certain penalties, including, but not limited to, exemplary or punitive damages, that the decedent would have recovered if the decedent had lived.
The team at SJW considers themselves part of the Las Vegas community. If you have questions related to a wrongful death-related incident that occurred in Las Vegas, feel free to call or come by our office.
Even if you’re not actively searching for a “wrongful death lawyer las vegas,” or don’t need an attorney at this time, the team here at SJW is happy to answer any questions you may have.
Call Now: (702) 291-8007
Consultations are completely free
Common Defenses in a Wrongful Death Case
The company or person responsible for the victim’s death will likely try to use several defenses to avoid responsibility in a wrongful death claim. For example, the person or company responsible may claim that the victim negligently caused their own death.
The responsible person or company may also raise other defenses that admit or acknowledge their involvement but claim it did not contribute to the victim’s death or that the victim was knowingly engaging in a dangerous activity and assumed the risk of doing so. In certain situations, they may also have a waiver signed by the victim.
There are also situations where they admit they caused or contributed to the victim’s death, but argue their actions are excused under Nevada Law.
For example, if the person or company, through an employee, was responding to an emergency situation, they may raise Nevada’s Good Samaritan law as a defense to a wrongful death claim under a Nevada statute, NRS 41.500, that protects bystanders who assist someone in an emergency. They are protected from being held legally responsible for any negative outcomes associated with the assistance given. It also protects witnesses with medical training and/or certifications who are acting while off duty. This law was made to persuade nearby witnesses to help out in an emergency without the fear of being sued or criminally charged if an unpredicted outcome occurs.
Whether there is a legitimate defense that the person or company responsible for the victim’s death can raise against a wrongful death claim, is something that has to be determined on a case-by-case basis. It usually requires careful consideration of all of the facts and circumstances surrounding the victim’s death.
When searching for the best wrongful death attorney in Las Vegas, make sure you consider experience and understanding of the laws and situations and find a lawyer who can help you navigate the process.
If you or someone you care about has had a loved one taken from them and you still have questions regarding wrongful death, please contact us or visit and speak with an attorney at SJW.
Our team has significant experience helping people recover from the wrongful death of their loved ones.
CASE STUDIES
Our cases. Your results.
$830,000
Gross Settlement | Wrongful Death
Settlement in a wrongful death cased caused by the decedent’s exposure to benzene in diesel fuel and other petroleum-based products. Before retaining SJW our clients were dropped by another, well-known, Las Vegas personal injury law firm. SJW took on the case and obtained a successful result for the family of the deceased.
View MoreTestimonials About Our Las Vegas Injury Law Firm
“Shawn Walkenshaw was my lawyer. He helped me through the years of pain and anguish from my accident. He was supportive and truly concerned and helped me get through it. In the end he stood up for me and I am starting the road to recovery. Thank You for being there for me. SJW is the best injury attorney firm in Las Vegas.”
Lisa E
“I wouldn’t recommend any other injury law firm in town! Very professional and always available when you need them. I have used them personally and also recommended family members. Exceptional service and value.”
Greg R
“Best Injury attorneys in town bar none! I will not go to any other attorney after the great experience that I have had here! The attorneys are hard working, honest, and put their clients needs first.”
Chris G
“Hands down the best personal injury firm. I work with lawyers all day, and when I asked around, these are the people they told me to see. Natasha and Ian helped walk me through every step of the process and got the biggest settlement they could. 10/10, if you’re hurt. These are the people to see!”
Ben O
“If you got injured in some type of accident, these are the best attorneys to go to in Vegas! I was badly hurt while at a business. Other lawyers didn’t want my case, Shawn and the other lawyers at SJW fought for me and got the proof to show the business messed up. Got me an amazing result! Life changing money!”
ANTHONY G
“I HAVE BEEN TO MOST OF THE OTHER ATTORNEYS IN LAS VEGAS AND THIS IS THE BEST Attorney I have ever experienced. They keep great contact with their clients. No cold calls.”
LOUIE B
“Ani Gavrilova was amazing! She helped me through the process and close my case best possibly. Best personal injury attorneys in Las Vegas!”
NIKOLAY N
“Shawn is an amazing attorney who puts his clients needs above all. His integrity and ethical standards are of the highest level. I would recommend Shawn as a personal injury attorney to my family and friends should they ever need one!”
JAMES G
Just one of our many client reviews: ⭐⭐⭐⭐⭐ “Shawn Walkenshaw was my lawyer. He helped me through the years of pain and anguish from my accident. He was supportive and truly concerned and helped me get through it. In the end he stood up for me and I am starting the road to recovery. Thank You for being there for me. SJW is the best injury attorney firm in Las Vegas.” -Lisa E. on Google
As of 9/13/24, SJW Car Accident & Injury Lawyers Las Vegas has a 5.0 rating from 75 total reviews on Google Maps.
