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Table of Contents
How Does a Wrongful Death Lawsuit Result in a Claim?
In Nevada, wrongful death claims are governed by a specific state statute, NRS 41.085. This law outlines the requirements that must be met before a person or entity can be held legally responsible for the death of another.
To pursue a wrongful death case, it must be proven that the death was caused by wrongful or negligent actions of the responsible party, whether it is an individual or a company.
The process of proving wrongful death varies with each case, but the types of evidence used to support these claims tend to be consistent. The common evidence gathered in wrongful death cases includes:
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Photos: Visual documentation of the scene, injuries, or conditions related to the accident or incident.
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Videos: Surveillance footage or any relevant video recordings that capture events leading to or following the death.
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Experts: Testimonies from expert witnesses, such as accident reconstruction specialists, forensic experts, or safety experts, who can provide professional analysis of the incident.
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Doctors: Medical records and testimonies from healthcare professionals to establish the cause of death and link it to the defendant's actions.
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Other Witnesses: Statements from individuals who witnessed the incident or can provide insight into the circumstances surrounding the death.
Each wrongful death case is unique, and the specific evidence required will depend on the details of the situation. However, these types of evidence play a crucial role in building a strong case for the victim's family and proving negligence or wrongdoing.
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Situations That Typically Give Rise to a Wrongful Death Claim
While countless situations can result in a wrongful death claim, certain occurrences are more commonly associated with these types of cases. Based on our experience, the following are some of the most frequent incidents that lead to wrongful death claims:
- Pedestrian Accidents
- Construction Accidents
- Defective Products
- Defective medications
- Medical Malpractice
If one of these types of incidents has led to the death of someone you care about, you may have many questions regarding your next steps.
Feel free to reach out to us with any concerns. Our attorneys are here to sit down with you, fully discuss your claim, and explain what the process will look like moving forward.
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Who Can Make a Claim for Wrongful Death?
Under Nevada law, when a person or company is responsible for causing someone’s death through wrongful actions, the family of the victim and the deceased person’s estate may pursue a claim for compensation.
Typically, the spouse and/or children of the deceased are the primary individuals who can file a wrongful death claim. However, other close family members, such as parents, siblings, or other closest living relatives, may also be eligible to pursue a claim depending on the circumstances.
Unfortunately, despite the emotional pain and grief felt by others, friends and significant others (including long-term boyfriends, girlfriends, or fiancés) do not have the legal standing to bring a wrongful death claim in Nevada.
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Making a Claim for Wrongful Death
Take These 4 Steps in a Wrongful Death Lawsuit
If you believe that your loved one’s death resulted from negligence or intentional harm, you may have grounds for filing a wrongful death claim against those responsible. If you suspect you have a valid case, it’s crucial to act quickly.
1. Contact an Injury Attorney with Wrongful Death Experience
Wrongful death claims are incredibly emotional for the family members involved, and they often come with complex legal challenges. Consulting with an attorney who has experience handling wrongful death cases can ensure that the legal aspects are properly managed while you focus on grieving and healing.
If you are in Nevada, one of the experienced attorneys at SJW Injury Attorneys can guide you through the process. While some wrongful death claims are straightforward, many individuals are unsure whether they have a valid claim. The best way to find out is to speak with one of our skilled lawyers. When you are ready, we will take the time to carefully review the circumstances surrounding your loved one’s death and help you understand whether you have grounds for a claim. As always, consultations are completely free. Simply contact us, and we will schedule a time that works best for you.
2. Investigation
Once you retain our services, we will begin gathering all relevant records and information related to your loved one’s death. After collecting this information, the next step is often to conduct a thorough investigation into the facts and circumstances surrounding their passing. The depth and scope of this investigation vary based on the specifics of each case but typically include reviewing medical records, consulting with experts, conducting legal research, and possibly utilizing private investigators. If a company or business was involved in your loved one’s death, we will also investigate their role and determine which parties should be held accountable.
3. Making a Claim and Litigation
After gathering the necessary records and information, our office will file a claim against the responsible parties. Unfortunately, very few wrongful death claims are resolved without the need for litigation. It is usually in the best interest of our clients to attempt to resolve the claim before filing a lawsuit. Even if a resolution cannot be reached before litigation, making a pre-litigation demand helps both sides understand each other's positions, and often leads to an agreement as the process progresses.
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Types of Compensation Typically Awarded in Wrongful Death Settlement Claims
As outlined by the Nevada State Bar, the compensation that can be recovered by the victim’s family and the victim’s estate differs.

In a wrongful death claim, the family members who are eligible to make a claim-typically the spouse and surviving children-can seek compensation for specific types of damages recognized under Nevada law. These include:
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Grief or Sorrow: Compensation for the emotional pain caused by the loss.
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Loss of Probable Support: Financial support the victim would have provided had they survived.
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Loss of Companionship: The loss of the deceased person’s company, affection, and guidance.
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Loss of Society: Loss of the deceased’s presence in the family and their role in society.
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Loss of Comfort and Consortium: Emotional support and companionship the spouse would have received from the deceased.
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Damages for Pain, Suffering, or Disfigurement of the Decedent: If the decedent suffered pain or disfigurement before their death.
Loss of Consortium Claim
A Loss of Consortium claim is specific to the spouse of the deceased. It includes the loss of emotional support, companionship, intimacy, and the assistance that the deceased would have provided, such as household services.
In addition to compensation available to the victim's family, the applicable Nevada law also defines the types of damages that can be recovered by the victim’s estate. These claims cannot be pursued by family members individually but must be pursued through the estate.
If an estate has not already been set up, it will need to be established before these damages can be pursued. Once the estate is established and a representative (usually a family member or licensed attorney) is appointed, the estate can seek compensation for the following expenses:
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Certain Medical Expenses: Medical costs incurred by the victim before their passing.
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Funeral Costs: Expenses related to the victim’s funeral arrangements.
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Punitive Damages: The estate may also recover exemplary or punitive damages that the decedent could have pursued had they survived.
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Common Defenses in a Wrongful Death Case
The individual or company responsible for the victim's death will likely raise several defenses in an attempt to avoid liability in a wrongful death claim. One common defense is that the victim's own actions were negligent and contributed to or caused their own death.
In other cases, the responsible party may admit their involvement but argue that their actions did not directly contribute to the victim’s death. They may also claim that the victim was knowingly engaging in a dangerous activity and assumed the risk involved. In some instances, the responsible party may present a waiver signed by the victim, which could further support their defense.
There are situations where the responsible party admits their actions contributed to the death but claims their conduct is excused under Nevada law.
Wrongful Death Lawsuit
For example, if the individual or company involved in the death was responding to an emergency, they may invoke Nevada’s Good Samaritan law as a defense. Under NRS 41.500, this law provides protection to bystanders who assist someone in an emergency situation. It prevents bystanders from being held legally responsible for any negative consequences that arise from their assistance. The law also covers individuals with medical training or certifications who assist off-duty, encouraging them to help in emergencies without fear of being sued or criminally charged if the outcome is unintended.
Evaluating Defenses in Wrongful Death Cases
Whether a defense raised by the responsible party is legitimate depends on the specific facts and circumstances surrounding the wrongful death. Each case requires careful analysis of the details, and it’s important to consider all aspects before determining if a defense is valid.
Finding the Right Wrongful Death Lawyer in Las Vegas
When seeking the best wrongful death attorney in Las Vegas, it is essential to choose a lawyer with experience and a deep understanding of Nevada’s laws and the various defense strategies that may arise. A knowledgeable lawyer can help you navigate the complexities of the legal process and ensure that your claim is handled properly.
If you or someone you care about has lost a loved one due to wrongful death, and you have questions or concerns, we encourage you to contact us or visit our office to speak with one of our experienced attorneys at SJW Injury Law.
Our team has significant experience helping families recover from the devastating loss of a loved one and can guide you through the process to seek justice.
Reviews of Wrongful Death Lawyers in Las Vegas, Nevada
"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!"
