5 Elements Needed to Win a Wrongful Death Lawsuit
If you’ve lost a loved one in Las Vegas due to someone else’s actions, filing a wrongful death lawsuit can provide the justice and compensation your family deserves.
Successfully pursuing wrongful death claims in Nevada requires specific elements to build a strong case. Here are five crucial things you need to win a wrongful death lawsuit in Las Vegas.
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Intent
1. Evidence of Intention Or Negligence
Evidence of Intention
Although most wrongful deaths occur due to negligence or accidents, some involve intentional acts. In Nevada, wrongful death claims related to intentional harm are separate from criminal charges like murder. Even if someone isn’t criminally convicted, a civil wrongful death lawsuit can still be pursued.
When corporations or institutions knowingly act in ways that cause death, they can also be held accountable through a wrongful death lawsuit. Strong evidence of intent significantly strengthens your claim, especially when the deceased was a key financial provider for their family, influencing the potential compensation awarded by Nevada courts.
Evidence of Negligence
Negligence is a leading factor in wrongful death cases in Las Vegas. Nevada law clearly defines negligence as failing to act with reasonable care, resulting in injury or death. Common examples include:
Workplace incidents involving inadequate training or safety protocols.
Traffic accidents caused by intoxicated or impaired drivers.
Public transportation accidents resulting from neglected safety checks.
Demonstrating clear evidence of negligence—such as documented safety violations or eyewitness accounts—can be pivotal in proving your wrongful death claim.
Expectation of Safety
2. Reasonable Expectation of Safety
In Nevada, residents and visitors alike have a reasonable expectation of safety in public spaces and services. In Nevada, the legal term for this is Duty of Care.
Whether attending events, using transportation services, or simply walking through Las Vegas hotels and casinos, you trust basic safety standards to be met. Wrongful death claims are strengthened when this trust is broken due to negligence or oversight, such as:
Failure of amusement park rides to meet Nevada safety standards.
Hotel or casino accidents due to unaddressed hazards.
Transportation incidents resulting from poorly maintained vehicles or reckless driving.
If this expectation of safety is violated, Nevada juries typically recognize the validity of wrongful death claims.
Breach of Duty
3. Violation of Duty of Care Under Nevada Law
When someone’s reasonable expectation of safety is breached, Nevada law calls this a violation of “duty of care.” Liability for injuries begins by proving this breach.
Every individual, business, or entity has a legal obligation to act reasonably to prevent harm to others. Failing to uphold this obligation constitutes a breach, making them liable for any resulting injury or death.
Proving that a “duty of care” was breached requires demonstrating:
The defendant owed a specific duty of care.
They failed to uphold that duty through actions or negligence.
This failure directly led to the wrongful death.
Clearly establishing this breach significantly strengthens your wrongful death lawsuit, making it more likely that a jury will recognize the validity and seriousness of your claim.
Damages
4. Evidence of Damages
In a wrongful death lawsuit, Nevada law allows compensation for damages suffered by the victim’s family. Thoroughly documenting these damages is crucial to a successful claim. Essential evidence includes:
Financial Records: Gather income statements, tax returns, and employment records demonstrating the deceased’s earning capacity and financial contributions to the family.
Medical and Funeral Expenses: Collect all bills, invoices, and receipts related to medical treatments before death and funeral arrangements afterward.
Testimony of Loss: Personal statements from family members and friends can highlight the emotional and relational losses suffered, helping to illustrate the full impact of the wrongful death.
Expert Witnesses: Economists and vocational experts can offer authoritative insights into long-term financial losses.
Comprehensive and well-documented evidence significantly enhances your claim’s credibility and the compensation awarded by Nevada courts.
Experienced Wrongful Death Attorney
5. Get The Best Wrongful Death Attorney in Las Vegas
Most Importantly…
Winning a wrongful death lawsuit requires you find the best wrongful death attorney you can. Come see us for a free consultation and find out why Kevin R. Hansen is the best choice for your wrongful death claim.
The best wrongful death attorney for your case will:
Plan and execute a winning strategy.
Gather vital evidence, including medical and police reports.
Negotiate with insurance companies.
Clearly demonstrate negligence or intent to Nevada juries.
Will help you with an associated Probate case
We have over 25 years of courtroom experience with wrongful death cases in Las Vegas.
Attorney Kevin R. Hansen aggressively pursues maximum compensation for families impacted by wrongful death.
What Sets Us Apart
Wrongful death cases often involve probate issues, which complicate matters further for grieving families. At The Law Office of Kevin R. Hansen, we uniquely offer probate services alongside wrongful death representation, streamlining the legal process and easing your burden.
We Handle Probate and Wrongful Death Cases
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Over 25 Years Experience:
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Founder AND Trial Attorney
Kevin Hansen
Personal Injury Lawyer Kevin R. Hansen is no ordinary injury lawyer. Boasting hundreds of victories in personal injury cases, Kevin is a personal injury lawyer who has earned a reputation for being a tenacious advocate for his clients.
He’s spent a quarter of a century representing people who’ve been injured due to someone else’s negligence, with a particular focus on accident and negligence injury cases.
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Kevin Hansen
Kevin has spent a quarter of a century representing people who’ve been injured. He is battle tested and trial ready.
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