Wrongful Death Claims FAQ
Losing a loved one due to someone else’s negligence is devastating. If you’re considering a Nevada wrongful death claim, you likely have questions about the legal process, compensation, and your rights.
Below, we answer the top 20 questions about wrongful death lawsuits in Las Vegas, Nevada, ensuring you have the information needed to seek justice.
Wrongful Death Questions Answered
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action filed when someone’s negligence or wrongful act causes another person’s death. These claims allow surviving family members to seek compensation for financial and emotional losses.
Who Can File a Wrongful Death Claim in Nevada?
Under Nevada law (NRS 41.085), the following individuals can file:
- The deceased person’s spouse, domestic partner, or children
- The deceased’s parents, if no spouse or children exist
- The personal representative of the deceased’s estate
What Needs to Be Proven in a Nevada Wrongful Death Case?
To win a wrongful death claim in Nevada, you must prove four key elements:
- Duty of Care – The defendant had a legal duty to act responsibly.
- Breach of Duty – They failed to uphold that duty.
- Causation – Their negligence directly caused the death.
- Damages – The surviving family members suffered losses.
What Compensation Is Available in a Wrongful Death Case?
Wrongful death damages include:
Medical expenses related to the deceased’s injuries
Funeral and burial costs
Lost wages and benefits the deceased would have earned
Pain and suffering experienced by surviving family members
Loss of companionship for spouses and children
What Is the Statute of Limitations for Wrongful Death in Nevada?
In Nevada, you have two years from the date of death to file a wrongful death claim (NRS 11.190). Failing to file within this timeframe could prevent you from recovering compensation.
Do You Need Legal Advice?
Common Causes and how to determine negligence
What Are Common Causes of Wrongful Death in Nevada?
Many wrongful death cases in Las Vegas arise from:
- Car accidents caused by reckless or drunk drivers
- Medical malpractice and hospital errors
- Workplace accidents
- Defective products
- Premises liability incidents, such as slip-and-falls or unsafe conditions
How Is Negligence Determined in a Wrongful Death Case?
Nevada follows a modified comparative negligence rule. If the deceased was 50% or less at fault, the family can still recover damages. However, if they were 51% or more responsible, compensation is barred.
What Evidence Helps Prove Wrongful Death?
Key evidence includes:
- Medical records and autopsy reports
- Police reports or accident reconstructions
- Expert witness testimony from doctors, engineers, or safety professionals
- Video surveillance or photos from the accident scene
- Witness statements
What is your experience level?
Las Vegas Personal Injury Lawyer Kevin R. Hansen is no ordinary injury lawyer. He’s spent a quarter of a century representing those who’ve been injured due to someone else’s negligence, with a particular focus on accident and negligence injury cases. An aggressive negotiator and experienced trial lawyer, Kevin has fought tooth and nail to ensure his clients receive the compensation they deserve. He has secured millions in trial judgements and negotiation settlements for his clients. His award winning trial experience speaks for itself as loudly as our client testimonials.
What Is the Average Settlement for a Wrongful Death Claim in Nevada?
There is no fixed amount, but wrongful death settlements often range from hundreds of thousands to millions of dollars, depending on the case details. Notable Nevada wrongful death verdicts include multi-million-dollar settlements for auto accidents, medical malpractice, and premises liability.
How Long and how much?
How Long Does a Wrongful Death Lawsuit Take?
Some cases settle in months, while others take years if they go to trial. Factors that affect case duration include:
- Complexity of the case
- Willingness of the defendant to settle
- Court backlog
How much do your services cost?
We offer Free Consultations and Free Legal Advice.
No Win, No Fee Guarantee
No upfront costs. We work on contingency. This means only pay when we win.
Can a Criminal Case and a Civil Wrongful Death Case Happen at the Same Time?
Yes. If the death resulted from a crime (like DUI or homicide), the state may file criminal charges while the family pursues a civil wrongful death lawsuit for financial compensation.
Can Siblings File a Wrongful Death Lawsuit in Nevada?
No, unless they are the personal representative of the deceased’s estate. Nevada law prioritizes spouses, children, and parents in wrongful death claims.
What If the Deceased Had No Family?
If there are no qualifying family members, the deceased’s estate can file a wrongful death claim and distribute compensation according to the Nevada probate process.
Las Vegas Accident - InjuryRecent Case Results
Wrongful Death – $9 Million
Product Liability – $5.2 Million
Motor-Vehicle Accident – $1.2 Million
Grocery Store Slip & Fall – $1.4 Million
Casino Slip & Fall – $1.4 Million
Sexual Assault – $1.34 Million
Motor Vehicle Crash – $1.4 Million
Wrongful Death – $5 Million
Employers, Government, Insurance involvement
What If the Deceased Was Partially at Fault?
Nevada’s comparative negligence law allows recovery only if the deceased was 50% or less at fault. Compensation is reduced proportionally based on their level of fault.
Can an Employer Be Sued for an Employee’s Wrongful Death?
Yes. Under vicarious liability laws, an employer can be held accountable if an employee’s negligence caused a fatal accident while performing work duties.
Can a Wrongful Death Lawsuit Be Filed Against the Government?
Yes, but suing government entities in Nevada has stricter rules. A notice of claim must be filed within six months, and the government has special immunity protections in some cases.
How Does a Lawyer Help in a Wrongful Death Case?
A Las Vegas wrongful death attorney will:
- Investigate the cause of death
- Gather strong evidence
- Negotiate with insurance companies
- Represent you in court if necessary
- Maximize your settlement
- Insurance industry research reveals that claimants with personal injury lawyers typically receive settlements three times larger than those who represent themselves.
What If an Insurance Company Offers a Quick Settlement?
Be cautious. Insurance companies often offer low settlements hoping families accept before knowing the full value of their claim. Consult a wrongful death lawyer before agreeing to any payout.
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How to start
Do I Have to Pay Legal Fees Upfront for a Wrongful Death Case?
No. The Law Office of Kevin R. Hansen works on a contingency fee basis, meaning you pay nothing unless we win your case.
How Can I Start a Wrongful Death Claim in Las Vegas?
The first step is a free consultation with an experienced Las Vegas wrongful death lawyer. Contact The Law Office of Kevin R. Hansen today at (702) 478-7777 to discuss your case.
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702-478-7777
Over 25 Years Experience Nevada Wrongful Death Attorney
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.
Our
Experts
Injury Attorney
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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Amanda Harmon
Amanda’s attention to detail and thorough case preparation are invaluable assets to our clients. She leaves no stone unturned.
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