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Wrongful Death

If a person is killed because of the wrongful conduct of a person or persons, the decedent’s heirs and other beneficiaries may file a wrongful death action against those responsible for the decedent’s death.  This area of tort law is governed by statute.  Wrongful death statutes vary from state to state, but in general they define who may sue for wrongful death and what, if any, limits may be applied to an award of damages.  A wrongful death case can arise from any type of personal injury case including medical malpractice, automobile accidents, construction accidents, airplane accidents and all other torts.

The death of a loved one is a profound and horrible event.  At the Law Office of Paul W. VanDerwerken we specialize in dealing with families that have experienced such tragedy and we have developed a unique ability to help those affected by the death.  We realize how important it is to provide our clients assistance with basic legal issues that arise after a death and how important it is that the wrongful death action be tenaciously prosecuted so that a full financial recovery can be obtained.  The law in a wrongful death case in Nevada is multifaceted and we have both the experience and expertise to build a solid case against all negligent parties.

Wrongful death lawsuits or claims are generally filed by family members or beneficiaries of the person who died.  When you contact us, our Las Vegas wrongful death lawyers will help you to determine who in your family may file the wrongful death lawsuit.  In some instances, these claims are filed to obtain monetary damages to cover the earnings the deceased person would have provided.  Other damages that may be recovered include:

  • Expenses associated with the death, such as medical and funeral bills
  • Lost benefits, such as insurance, from the death
  • Loss of inheritance from an untimely death
  • Pain, suffering or mental anguish suffered by the survivor of the decedent
  • Loss of companionship, care or protection
  • Punitive damages, intended to punish wrongdoers and prevent them from harming others

Under Nevada’s wrongful death statute, N.R.S. 41.085, the estate and multiple heirs can each make their own individual claims for damages.  There is a statute of limitations in Nevada and a wrongful death action must be filed within two years of the day after the death.  Actions for damages caused by a deficiency in construction of improvements to real property, however, must be brought within two years of the date of injury, regardless of the date of death, but in no event can the action be brought more than 12 years after the date of substantial completion of the improvement.

At the Law Office of Paul W. VanDerwerken we retain expert economists and financial analysts because every wrongful death case has its own set of associated losses, including lost wages, the cost of care, and many other monetary costs as well as pain and suffering.  In order to accurately assess what these costs will be in the future, we use these financial professionals in order to derive the best possible resolution for our clients.

The personal injury lawyers at the Law Office of Paul W. VanDerwerken are experienced in working with individuals and families who have suffered because of the wrongful death of a loved one caused by another.  As experienced attorneys, we have represented families who have suffered from wrongful deaths caused by car accidents, medical malpractice, hospital negligence and other traumatic events.  If you believe that your loved one died because of the wrongful or negligent actions of another, please call our office today at 702-385-5050 for a free consultation.

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