Helping People Who Were Hurt In Nevada

Welcome to Nevada Attorney. This site provides information for people who were injured in Nevada. Contact us for a free personal injury consultation. Click Above Or Below To Go To Nevada Attorney: nevadaattorney.net Nevada Attorney The Nevada Attorney website is designed for residents of Nevada who were bruised, hurt, injured, disfigured, attacked, assaulted or accidentally killed because of the negligent, reckless, careless or intentional misconduct of a person or company which happened in Nevada. Nevada Attorney is a contact site where a Nevada personal injury lawyer can provide free legal advice in an initial consultation to inform you of your Nevada legal rights and help you evaluate your Nevada accident claim. If you are located in Las Vegas - Henderson - Summerlin - or any other Nevada city, contact a Nevada Attorney for legal assistance with your accident claim. Wrongful Death Claims in Nevada There are many possible causes of wrongful death in Nevada. A Wrongful Death in Nevada can result from many forms of misconduct including Car Accidents, Medical Malpractice, Criminal Attacks, Failure to Warn of Dangerous Property Conditions, Pharmacy Malpractice, Nursing Home Abuse, Defective Products and many other types of negligent, reckless or intentional acts or omissions. A wrongful death in Nevada can be caused by the negligent or intentional misconduct of a person or company. A Las Vegas wrongful death can occur when a defective product is dangerous. A wrongful death in Henderson, Nevada, can happen as a result of the recklessness or the negligence of another person. A wrongful death in Reno can happen when a product malfunctions. A wrongful death can occur when someone drinks and drives. A Nevada wrongful death can occur when a pharmaceutical company distributes a dangerous medication and fails to adequately warn of the side effects. A wrongful death lawsuit can be filed by a Nevada Attorney if the negligent, reckless or intentional conduct of a person or company caused your loved one to die in Las Vegas, Henderson, Summerlin, North Las Vegas, Reno, Laughlin, Mesquite or any other city in Nevada. A Nevada Wrongful Death Claim Can Compensate For Financial And Emotional Losses Suffered By Family Members The purpose of a Nevada wrongful death lawsuit is to provide compensation for the harm to a person which ultimately resulted in the wrongful death of that person. The survivors of the deceased may have a right to compensation for economic or non-economic losses when a wrongful death occurs in Nevada. Non-economic losses such as the loss of companionship, affection and love often warrant compensation to the surviving spouse of the victim who died in Nevada. Children may be awarded damages for the loss of guidance and support which was provided by the parent who was killed in Nevada. Also, the survivors may be compensated for the loss of anticipated earnings, funeral expenses and the medical expenses which the deceased incurred as a result of the wrongful death in Nevada. A wrongful death settlement can vary depending on the circumstances surrounding the death and the following factors may make a difference: (1) whether the survivors were depending on financial support from the deceased in the form of future earnings; (2) the non-economic losses to the survivors such as loss of enjoyment of living - loss of companionship - loss of consortium; (3) the medical expenses; (4) funeral costs; (5) the pain and suffering experienced; (6) and whether there was extreme negligence, recklessness or indifference which would warrant punitive damages as a form of punishment. A Nevada Wrongful Death Claim May Support Compensation For Financial And Emotional Losses Most wrongful death suits are brought as a result of negligence. To prove negligence in Nevada, a Nevada Attorney will need to show that the defendant had a duty (responsibility) - that the duty was breached - and that the breach of duty caused the tragic death of your family member. A wrongful death can also occur as the result of an intentional act in Nevada. If your loved one died as the result of an assault by another person, that person would most likely face criminal charges from the District Attorney in Clark County, Elko County, Nye County and any other county in Nevada. The criminal charges could also be filed in a United States District Court. At the same time you can file a civil complaint for wrongful death. These two separate cases proceed in a parallel manner. For several reasons, it may be better for the criminal case to finish first. Once the defendant is found guilty of killing your loved one, the guilty verdict can establish liability for the wrongful death of the victim in Nevada. Wrongful Death Actions Vary By State Wrongful death actions are created by state laws (known as statutes) and they may be different in each state. As a general rule, the suit is brought by the family, guardian or representative of the victim. Wrongful death claimants can seek damages for loss of society, affection, consortium, and companionship. These damages deal more with the emotional loss you have suffered when your loved one died in Nevada. A Nevada Attorney will often give you free legal advice in your first consultation about the availability of other damages for funeral costs, burial expenses and the loss of income the wrongful death victim would have earned. A Nevada Attorney Can Explain Complex Issues Regarding Your Nevada Wrongful Death Action A Nevada Attorney may use an expert to ascertain what the future income of your loved one would have been if he or she had not died. There are other complex legal issues in a Nevada wrongful death case. For example, if your loved one died in an auto accident in Las Vegas and the other driver did not carry enough insurance to fully compensate the family for the emotional and financial losses, a Nevada Attorney would examine other available insurance through Uninsured - Underinsured (UM - UIM) coverage and any potential stacking of insurance coverage under the insurance policy (or insurance policies) covering the accident in Nevada. A Nevada Attorney May Be Able To Settle Your Nevada Wrongful Death Action Without A Trial A wrongful death case in Nevada could settle without going to trial. A Nevada Attorney could help you present a stronger case for settlement to the insurance company which is covering the party responsible for the wrongful death in Nevada. A reasonable settlement is sometimes preferable to a Nevada jury trial because the costs are significantly less. In some cases, experts will have to be retained and this can drive up the costs considerably. Possible experts could include a safety engineer, accident reconstructionist and doctors. Other litigation costs include depositions, medical records, filing fees, and trial preparation costs. If you do not receive a reasonable settlement offer, a Nevada Attorney can file a lawsuit against the person or company whose negligent, reckless or intentional act caused the untimely death of the wrongful death victim in Nevada. A Nevada Attorney Can Evaluate Whether You Have A Viable Nevada Wrongful Death Action In a Nevada claim for wrongful death, the Nevada Attorney must prove that the defendant should have liability for the wrongful death (this is where there is a failure to exercise the care and caution necessary under the circumstances) and that the misconduct caused the wrongful death (this means that the death would not have happened without the defendant’s actions or omissions. Once liability and causation have been proved in a Nevada wrongful death claim, it may be possible for a Nevada Attorney to file a lawsuit - litigate the wrongful death action - and win a jury award for the following damages: (1) loss of pension, medical and other benefits caused by the Nevada victim's wrongful death; (2) funeral costs and medical expenses related to the wrongful death in Nevada; (3) future earnings of the Nevada wrongful death victim (which are often projected by an economist until the estimated time the victim would have retired or died of natural causes) Loss of victim's anticipated earnings in the future until time of retirement or death; (4) damages for the Nevada wrongful death survivors’ claims for emotional distress, anguish, pain and suffering;(5) damages for the Nevada wrongful death survivors’ claims for the loss of consortium, protection, companionship and care (which the deceased had provided to the survivors before his or her wrongful death in Nevada); (6) General damages and sometimes punitive damages (to punish the wrongdoer if the negligence or indifference was extreme and a larger settlement is warranted to discourage such behavior). A Nevada Attorney Who Understands Nevada Personal Injury Law (Tort Law) Could Give You Free Legal Advice In A Consultation To Evaluate Your Nevada Wrongful Death Action If the wrongful death of your loved one happened anywhere in Nevada, a Nevada Personal Injury Lawyer can answer your questions in a consultation where the Nevada Attorney evaluates your case and gives you free legal advice regarding your right to a wrongful death claim in Nevada. A Nevada wrongful death lawyer (Nevada wrongful death attorney) generally handles personal injury cases, which usually include claims for wrongful death. You should ask any Nevada Lawyer you consult with what experience he or she has in negotiating a settlement and going through a jury trial on Nevada accident claims for wrongful death. A Nevada Attorney Can Provide Wrongful Death Information And May Offer Assistance With Procedures Related To Settling The Affairs Of The Deceased In Nevada Most wrongful death attorneys in Henderson, Las Vegas, Summerlin, North Las Vegas, Laughlin, Mesquite, Reno, Elko, Ely, Tahoe, Wendover or any other town in Nevada, realize that you may have many questions surrounding the death of a loved one. Generally, Nevada wrongful death lawyers will help you find answers to your legal questions regarding the handling of the victim’s estate. A Nevada Injury Lawyer may be able to handle some of the legal tasks associated with settling the estate of the accidental death victim or the wrongful death lawyer may advise you to seek a Nevada probate lawyer for those tasks. Some Nevada law firms have a probate department in addition to a personal injury department. This could prove to be more convenient for the clients. If the Nevada Attorney consulted does not have the resources to handle the probate process, the Nevada Lawyer may refer you to a Nevada probate lawyer directory. A Nevada wrongful death suit can have many complex legal issues involving several areas of law like tort law, probate law, property law and employment law. It is important to find a Nevada Attorney who will encourage you to ask questions and will explain the complex issues of your wrongful death lawsuit in terms which you can understand. Nevada Injury Law Can Be Used By A Nevada Attorney To Obtain Relief In A Wrongful Death Claim The heirs and the estate of the deceased wrongful death victim usually experience financial losses after the wrongful death of their loved one in Nevada. After the victim's death, there are many medical costs related to the wrongful death such as doctor bills, ambulance bills and hospital bills. The victim's family may suffer financial hardship because they depended on the present and future income of the victim to make ends meet. This loss of income usually has the most immediate and devastating impact on the victim's immediate family. Sometimes, the family is forced to move to a less expensive home. Sometimes, other plans (like college plans) must be set aside due to the loss of present and future earnings of the deceased. Injury Law (Tort Law) is a legal mechanism which is designed to provide compensation for the financial and emotional losses which were inflicted upon the survivors of the wrongful death victim. A main goal of Nevada Injury Law is to provide relief to people who were damaged by the wrongful actions of another person or a company. A Nevada Lawyer should explain the forms of compensation available to you if your loved one was wrongfully killed in Henderson, Las Vegas, Summerlin, North Las Vegas, Laughlin, Mesquite, Reno, Elko, Ely, Tahoe, Wendover or any other town in Nevada. A Nevada Attorney can explain whether you would be entitled to compensation for the present and future anticipated income of the deceased - medical expenses - expenses related to the wrongful death (like funeral expenses) - damages for pain and suffering - damages for emotional losses (like the care, comfort, society and companionship losses the survivors typically endure). A Nevada Attorney Can Give You Critical Wrongful Death Information Such As The Time Limit To File A Wrongful Death Claim In Nevada A wrongful death claim is created by state law because it was not a recognized claim under the old common law. Many states enacted wrongful death statutes to provide relief to families who were devastated by the financial and emotional losses resulting from their loved one's death. Often the wrongful death claims are litigated on behalf of a surviving child, spouse, or parent. A wrongful death claim seeks compensation for losses resulting from the family member's death. The time for filing a wrongful death cause of action is different in every state. The wrongful death filing period is known as the wrongful death statute of limitation. It is extremely important to find out the limitation period because the wrongful death claim can be barred if a lawsuit is not filed within the time period. You should consult with a personal injury attorney about the applicable wrongful death filing time in your state. Nevada Injury Law Can Be Used By A Nevada Attorney To Obtain Relief In A Wrongful Death Claim A wrongful death case can involve circumstances where the defendant is clearly liable and the case is not difficult to prove. For example in wrongful death lawsuits caused by a drunk driver in Las Vegas, a Nevada Attorney will closely follow the separate criminal proceedings against the driver whose drinking caused the fatality, because the verdict in the intoxicated driver's criminal case can be used in the civil action for wrongful death. Also, a Nevada Personal Injury Lawyer could use the Violation of Statute as a claim in the civil action because negligence can usually be presumed when there is a citation on the accident report (police report) in which the drunk driver was cited for violating Nevada law. On the other hand, some wrongful death cases can be more difficult to prove. For example, if a person was killed due to a defective product, often expert testimony must be utilized to determine if the product was truly defective and if the potential danger was foreseeable. Also, if a wrongful death victim was killed due to the medical malpractice of a physician, hospital, nurse or other heath care provider, expert testimony is required to prove that the provider failed to meet a reasonable professional standard of care and treatment. Litigating a Nevada wrongful death case can be costly and can take considerable time. A Nevada Attorney Will Evaluate Your Wrongful Death Claim And Attempt Settlement Wrongful death settlements are sometimes based on the economic value the victim had to the survivors and comparable jury verdicts for plaintiffs whose family member had died from similar circumstances. It is difficult to place a money value on the life of a loved one form an emotional perspective. No person's life should be deemed more valuable than the life of another person. However, it has been recognized that the value of a life is increased if there are more people depending on the victim's present and future earnings for their livelihood. A Nevada Lawyer will usually make a Demand on the person and/or the company responsible for the wrongful death in Nevada. Often, the defendants are covered by an insurance policy which provides insurance coverage for accidental death caused by negligent acts of the person and/or the company. One of the Nevada Attorney's first tasks is to determine the insurance coverage for the wrongful death victim. The insurance companies often use an economist and jury verdict research to ascertain the value of the victim's life. This is another factor which can prompt a Nevada Lawyer to utilize the same research so the Nevada Attorney can inform the clients and enter the pre-litigation settlement process knowing approximately what is a reasonable settlement figure for the Nevada wrongful death case. If the insurance company providing coverage for the wrongful death in Nevada does not make a reasonable wrongful death settlement offer, the Nevada Attorney will file a lawsuit to recover damages as compensation for the emotional and financial losses suffered by the family members of the wrongful death decedent. A Nevada Attorney Will Evaluate Your Wrongful Death Claim And Attempt Settlement A Nevada Attorney can file a Nevada wrongful death complaint if the defendants or the insurance company for the defendants does not offer a reasonable wrongful death settlement after the Nevada Attorney has made a Demand for settlement. A wrongful death lawsuit can technically be filed by any attorney licensed by the Nevada State Bar to practice law in the State of Nevada. This means that a Las Vegas wrongful death lawyer, a Henderson wrongful death attorney and a Reno wrongful death lawyer really do not have to pass any special test requiring them to have specific competence in the filing of Nevada wrongful death claims. Moreover, a Nevada Attorney who practices primarily in other areas of Nevada law (criminal law, contract law, family law, etc.) could file a wrongful death complaint in Nevada. This means that it is important for you to have a consultation with any Nevada wrongful death attorney to find out whether that Nevada lawyer has ever settled and litigated (gone through discovery and a jury trial) a Nevada wrongful death case. Even if the accident happened in Reno or Tahoe, you may want to retain a wrongful death lawyer in Las Vegas if you feel comfortable with the lawyer and the law firm handling your case. In addition to finding a Nevada Attorney who you feel has the competence to handle your case, it is critical to determine whether the Nevada Lawyer's law firm has the resources to endure lengthy and costly litigation because some wrongful death cases involve extremely complex issues and may require the law firm to incur many expenses for experts prior to a jury trial on the Nevada wrongful death cause of action. A Nevada Attorney May Be Able To Increase Your Wrongful Death Jury Award If Punitive Damages Are Warranted Some wrongful death awards can be high if the case does go to a jury trial. In many of these cases, the plaintiffs were awarded punitive damages based on extreme negligent, reckless or indifferent behavior which caused their loved one to be killed. Sometimes the horrific manner of the death can cause a jury to give a higher wrongful death award. Large companies often take the position that punitive damages are unfair and pose an enormous cost which is ultimately passed on to consumers. However, sometimes punitive damages have made large businesses adhere to better safety standards and practices where administrative fines have failed to insure compliance. Sometimes it takes a large punitive damage award to get a company to change its unsafe practices. Companies can face fines and penalties if they do not adhere to government standards and laws, but some companies have chosen to continue paying the fines and ignoring safety because it is a cheaper alternative. This is the type of situation where a punitive damages award not only offers relief to the survivors of a wrongful death victim, but the punitive damages also provide an enforcement mechanism to make large companies consider the consequences of practices which place profits before safety. A Nevada Attorney Can Give You Free Legal Advice On Your First Visit Regarding New Developments Concerning Large Punitive Damage Awards The issue of punitive damage awards has been in the news recently because the United States Supreme Court recently visited the issue when it overturned a 145 million dollar award for punitive damages which was originally awarded in a bad faith insurance claim against State Farm Mutual Automobile Insurance Company. United States Supreme Court struck down a See State Farm Mutual Automobile Insurance Co. v. Campbell, slip op. 01-1289, 538 U.S. ___ (2003). The U.S. Supreme Court sent the case back to the Utah Court to determine a more reasonable amount when it found that the 145 million dollar punitive damages award violated the Fourteenth Amendment's Due Process Clause prohibiting "the imposition of grossly excessive or arbitrary punishments on a tortfeasor." The United States Supreme Court gave the following factors to consider in the determination of an appropriate punitive damages award: "(1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and (3) the difference between the punitive damages awarded by the jury and the civil penalties authorized or imposed in comparable cases." Although the U.S. Supreme Court did not set forth a "bright-line ratio" that a punitive damages award could not exceed, the Court did warn that "few awards exceeding a single-digit ratio between punitive and compensatory damages . . . will satisfy due process." Other factors in this landmark case involved whether a large punitive damages award should be upheld when there is only economic harm as opposed to physical harm. This means it may be possible to distinguish this holding where the harm was for bad faith on the part of the insurance company as opposed to a case where the punitive damages award rested solely on egregious conduct which caused physical harm. Still, the State Farm case shows that punitive damages awards which are over the compensatory damage awards by a double-digit multiplier are likely to face a constitutional challenge. A Nevada Attorney Can Help You Meet The Requirements To File A Nevada Wrongful Death Claim A Nevada Attorney can give you free legal advice in your initial consultation, to satisfy your need for wrongful death information if your family member was killed in a car accident in Las Vegas. Because there are often many complex legal issues (tort law, insurance law, probate law, etc.) emanating from an accidental death in Henderson, Las Vegas, Reno , Tahoe, Laughlin, Elko or any other city in Nevada, you may want to consult with a Nevada Personal Injury Attorney to get answers to your questions about wrongful death - to find out about personal injury law in Nevada - to determine if you have the right to file a lawsuit for the death of your loved one - to evaluate whether there is insurance coverage and a party who is liable for the death of the wrongful death decedent - to make sure that the wrongful death complaint is filed within the wrongful death filing period (wrongful death statute of limitations) - to make sure that evidence is preserved - to make sure that the reporting requirements of any insurance policy are complied with - to initiate settlement negotiations with the defendants and/or their insurers providing insurance coverage for the Nevada wrongful death. A Nevada Attorney Can Explain The Factors Which Determine The Viability Of Your Nevada Wrongful Death Claim Nevada wrongful death cases can result from many accidents or intentional acts. A Nevada wrongful death case could result from the failure of a business (restaurant, hotel, casino, theater, shop, mall, auto repair center, etc.) failing to correct a dangerous condition on the property which caused the death of your loved one. A complaint for damages resulting from the death of your family member could be based on a property owner's failure to provide adequate security. A Nevada Lawyer may advise you that you have a viable claim based on Nevada Premises Liability Law if it can be proved that a Nevada business owner had knowledge that it was likely someone would be attacked on the business premises - people had been attacked on the business premises before - the area has a history of crime - and the business negligently failed to adequately train its security personnel or to take appropriate security measures to insure the safety of its patrons. A Nevada wrongful death case could be supported if your loved one died as the result of medical malpractice by a doctor, hospital, nurse, chiropractor, specialist or any other provider of health care in Nevada. A Nevada claim for wrongful death damages can be claimed by a Nevada Attorney whose client had a family member who was maimed, disfigured, impaired or wrongfully killed due to another driver was Driving Under the Influence (DUI) - Driving While Intoxicated (DWI). A traffic fatality can happen frequently in the Las Vegas and Reno metropolitan areas. Sometimes, a punitive damage award is warranted in a case where a drunk driver killed the victim. A Nevada attorney can help you evaluate your claim for wrongful death in Nevada. Most Nevada Lawyers provide free legal advice on Nevada Personal Injury Law (Nevada Tort Law) as it relates to a claim for wrongful death in Nevada. A Nevada Attorney Can Give You Nevada Wrongful Death Information You may have a claim for wrongful death under the Nevada Wrongful Death Statute, if your family member died as a result of the negligent (and sometimes intentional) acts of another person in Nevada. A Nevada Attorney working on Personal Injury Law cases may give you free legal advice regarding your wrongful death claim in an initial consultation. A Nevada Attorney can file a lawsuit seeking damages on your behalf if the victim died in Las Vegas, Reno, Laughlin, Henderson, Boulder City or any other Nevada city. A Nevada personal injury lawyer would file a complaint for damages from the person or company responsible for the death of your family member if you have a viable wrongful death claim. The survivors of the deceased may be entitled to receive compensation for their losses in the form of monetary damages. A Nevada Attorney may be able to recover such compensation through a settlement or a jury award. Neither the State Bar of Nevada nor any agency of the State Bar has certified any lawyer identified here as a specialist or as an expert.  Anyone considering a lawyer should independently investigate the lawyer's credentials and ability. This site is intended for Nevada residents and those with legal issues arising under the jurisdiction of the State of Nevada.  This site does not give legal advice or create an attorney-client relationship.  Laws are different in other states and localities, consult a local attorney. The information in this web site is provided for informational purposes only. The information does not constitute legal advice. The use of this site does not create an attorney-client relationship. Further communication with an attorney through the web site and e-mail may not be considered as confidential or privileged. Please contact our attorneys if you wish to discuss the contents of this web site. If you experience unusual problems with this site or discover dead links, please email the webmaster. Thank you.   Copyright: David Matheny, 2003-2005.