Proving Negligence and Liability in Nevada Wrongful Death Claims

The Four Essential Elements of Negligence in Wrongful Death Cases

To establish liability in a wrongful death claim, we must prove four fundamental elements of negligence. Each element builds upon the others to create a complete legal argument for compensation.

Think of proving negligence like building a four-story building. Each floor must be solid before you can build the next one up. Here’s what each “floor” means in simple terms:

Duty of Care

This is about relationships and responsibilities:

First, we must demonstrate that the defendant owed a duty of care to your loved one. This duty varies depending on the relationship between the parties. For example, doctors owe their patients a professional standard of care, while drivers owe other motorists a duty to operate their vehicles safely. Property owners must maintain safe premises for visitors, and manufacturers must ensure their products are safe for consumers.

Examples of relationships that owe a duty of care:

• A doctor has agreed to take care of their patient
• A driver agrees to follow traffic laws and drive safely when they get on the road
• A store owner agrees to keep their store safe for shoppers
• A manufacturer agrees to make safe products

Breach of Duty

Once we establish the duty of care, we must prove the defendant breached that duty through action or inaction. This might involve showing how a driver violated traffic laws, a doctor deviated from accepted medical practices, or a business failed to address known safety hazards. The breach represents a failure to meet the established standard of care.

This is about someone breaking (breeching) those responsibilities (duties):

• A doctor prescribes the wrong medication
• A driver runs a red light
• A store owner doesn’t fix a broken step they know about
• A manufacturer skips safety testing

Causation

The third element requires proving that the defendant’s breach directly caused your loved one’s death. This often involves demonstrating two types of causation, “cause in fact”, and “proximate cause”:

• Cause in fact: The death would not have occurred but for the defendant’s actions. Like, if the driver hadn’t run the red light, would the crash have happened?

• Proximate cause: The death was a foreseeable consequence of the defendant’s breach. For example, if someone runs a red light, it’s reasonable to expect they might cause a fatal car accident.

Damages

Finally, we must document the actual damages suffered due to the death. In wrongful death cases, these typically include both economic and non-economic losses experienced by the surviving family members and the estate.

• Medical bills before death
• Funeral costs
• Lost income the person would have earned
• Loss of companionship for the family

Proving The Wrongful Death Case 

Building a strong wrongful death case requires various forms of evidence. The Law Office of Kevin R. Hansen employs a comprehensive approach to evidence gathering, which may include:

To prove these elements, we need different types of evidence:

Documents

Medical records provide crucial information about the cause of death and any treatment received. Police reports offer official documentation of incidents. Employment records help establish economic losses. Maintenance logs, safety reports, and internal documents can reveal negligent practices or policy violations.

Like a paper trail:

• Medical records showing what happened
• Police reports describing an accident
• Work records showing how much someone earned
• Safety reports showing problems weren’t fixed

Expert Witnesses

Expert witnesses play a vital role in establishing negligence and causation. Medical experts can explain how negligent care led to death. Accident reconstruction specialists can demonstrate how incidents occurred. Economic experts can calculate future financial losses. Industry experts can testify about standard practices and safety protocols.

These are specialists who can explain:

• How a medical error caused death
• How an accident happened
• How much money the family lost
• What safety rules should have been followed

Physical Evidence

Physical evidence might include damaged vehicles, defective products, or unsafe property conditions. Photographs and video footage can document accident scenes or dangerous conditions. Physical evidence often provides compelling proof of negligence.

Real things you can see and touch:

• Damaged cars
• Broken equipment
• Photos of dangerous conditions
• Security camera videos

Witnesses

Eyewitness accounts can provide crucial details about incidents leading to death. Co-workers might testify about unsafe working conditions. Family members can speak to the impact of the loss. Professional colleagues can verify standard practices in their field.

People who can tell what happened:

• People who saw the accident
• Co-workers who knew about unsafe conditions
• Family members who can describe their loss

Establishing Liability in Different Types of Cases

Different Types of Cases require different approaches

The specific approach to proving negligence varies depending on the type of wrongful death case:

Medical Malpractice

• Medical Cases: Need other doctors to explain what went wrong

In medical malpractice cases, we must demonstrate that the healthcare provider deviated from the accepted standard of care. This typically requires expert testimony from medical professionals who can explain proper procedures and how the defendant failed to follow them.

Vehicle Accidents

• Car Accidents: Need experts to show how the crash happened

For fatal vehicle accidents, we often rely on accident reconstruction experts, traffic camera footage, and witness statements. We may also examine cell phone records, vehicle maintenance logs, and driver histories to establish negligence.

Premises Liability

• Unsafe Properties: Need to prove the owner knew (or should have known) about dangers

When death occurs due to unsafe property conditions, we investigate maintenance records, building code violations, and prior incident reports. Security footage and witness statements can help establish how long dangerous conditions existed.

Product Liability

• Defective Products: Need to show how the product wasn’t safe

In cases involving defective products, we may need to prove design flaws, manufacturing defects, or inadequate warnings. This often requires engineering experts and extensive documentation of product testing and safety standards.

Vicarious Liability

• The Employer is Responsible

Employer Responsibility: When an employee’s negligence causes death during work duties In vicarious liability cases, we demonstrate how organizations bear responsibility for fatal incidents caused by their employees. These complex claims often involve employment relationships, scope of work analysis, and corporate safety protocols. Our experience with vicarious liability helps ensure all responsible parties are held accountable.

Overcoming Common Defense Strategies

Defendants in wrongful death cases often employ various strategies to avoid liability. The Law Office of Kevin R. Hansen anticipates and prepares for these defenses:

Comparative Negligence

Nevada follows the modified comparative negligence rule. Defendants may argue that the deceased person was partially at fault. We work to minimize any assignment of fault to your loved one, as recovery is barred if they are found more than 50% responsible.

Pre-existing Conditions

Defendants might claim that pre-existing medical conditions caused or contributed to the death. We work with medical experts to demonstrate how the defendant’s negligence, rather than pre-existing conditions, led to the death.

Third-Party Liability

Sometimes defendants attempt to shift blame to other parties. Our thorough investigation identifies all potentially liable parties while ensuring primary wrongdoers cannot escape responsibility.

Legal Resources and Support

Proving negligence in wrongful death cases requires substantial legal resources and expertise. The Law Office of Kevin R. Hansen provides:

• Comprehensive case evaluation
• Access to qualified expert witnesses
• Advanced investigation techniques
• Experience with complex litigation
• Understanding of Nevada wrongful death statutes

Contact Our Experienced Legal Team

If you need assistance proving negligence in a wrongful death claim, contact The Law Office of Kevin R. Hansen. With 25 years of experience handling wrongful death cases in Las Vegas and throughout Nevada, we understand what it takes to establish liability and secure fair compensation for grieving families.

We offer free consultations and work on a contingency fee basis, meaning you pay nothing unless we win your case. Call 702-478-7777 to discuss your case with our experienced legal team.