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Henderson WRONGFUL DEATH ATTORNEY
Experienced Attorneys Protecting You
In Nevada, if a person dies as a result of another person’s intentional, reckless, or negligent behavior, the victim’s family may be eligible to recover damages. Holding responsible parties accountable can make all the difference in allowing a family to begin the long process of recovery, so if you recently lost a loved one as a result of someone else’s actions, it is crucial to speak with an experienced wrongful death attorney who can assist in ensuring that the wrongful party is held accountable.
We address families who have tragically lost loved ones in wrongful death accidents with compassion and vigor. We recognize that your life changed in an instant — our law office is committed to holding negligent parties accountable and pursuing maximum compensation to safeguard the future of your family.
We have vast experience addressing complex situations at Naqvi Injury Law. Our founder attorney, Farhan Naqvi, litigated more than 200 cases while employed by one of Nevada’s leading personal injury litigation firms. During this emotionally delicate time, we will guide you through the legal process while treating you like family.
Schedule a free initial consultation. We treat our clients like family with accessible, hands-on service 24/7. Call our law firm today at (702) 945-0558 to meet with our law firm’s experienced attorney.
Wrongful Death Basics
A wrongful death claim is basically a lawsuit filed on behalf of a deceased party who could have filed a personal injury claim against the at-fault party if he or she were still alive. Since claims for wrongful death are civil litigation, they must be brought in court by the proper party. In addition, accountability is limited to monetary damages, but a criminal accusation for homicide filed by a prosecutor may result in jail for the responsible party. Even if a criminal case is already ongoing, a claim for wrongful death can still be filed.
The most common kinds of negligent acts that justify wrongful death claims, include:
- Accidents involving drivers who were negligent or irresponsible;
- Accidents that occur on the property of another due to faulty maintenance;
- Accidents resulting from a defectively designed or manufactured dangerous product;
- Workplace accidents involving unsafe working conditions; and
- Medical negligence committed by a physician or surgeon.
Regardless of the irresponsible actions or decisions that led to the untimely loss of your loved one, our wrongful death attorneys will work relentlessly to protect your interests and help you collect the compensation you deserve.
Who Can File a Claim
In Nevada, only the following persons may pursue a claim for wrongful death including:
- The personal representative of the decedent’s estate;
- The deceased person’s surviving spouse, domestic partner, or children; and
- If there is no surviving spouse or child, the parents of the decedent.
In circumstances where the wrongdoer passed away before to the filing of the lawsuit, the victim’s family members may nonetheless pursue a wrongful death claim against the wrongdoer’s personal representatives. Alternately, if the perpetrator was employed by another individual who was liable for his or her actions, that individual might also be included in the victim’s claim. This implies that claims for wrongful death can be made against a range of parties associated with the incident that caused the decedent’s death. For instance, depending on the circumstances, the following parties may be held legally accountable for a person’s death:
- The driver at fault;
- The designer of a flawed road;
- The individual who sold, served, or provided alcohol to a motorist who was inebriated and caused an accident;
- The proprietor of the pub or restaurant where an intoxicated driver was offered alcohol;
- A government official who failed to issue sufficient warnings about a hazardous road hazard; and
- The manufacturer, seller, or installer of a faulty car part.
The appropriate parties must bring a claim for wrongful death within two years of the date of the decedent’s death. By failing to file a claim within this timeframe, the victim’s family risks losing the chance to seek justice on their loved one’s behalf, since the court will likely refuse to consider the case.
Common Negligent Acts
The validity of a wrongful death lawsuit rests on whether the plaintiff can prove that another party’s carelessness caused or contributed to the death of a family member. To show carelessness, the family members of a deceased individual must produce proof that:
- The defendant owes the victim a duty of care;
- This responsibility was infringed by the defendant; and
- The violation caused the death of a relative of the plaintiff.
If a victim’s family can prove that the death of their loved one was caused by the carelessness of another person or business, they may be entitled to recover part of their financial losses. In a lawsuit for wrongful death, a victim’s family members may be entitled to collect two distinct forms of damages:
- Special; and
Special damages comprise the real expenses incurred by the dead, his or her relatives, or the deceased’s estate. Damages may comprise financial recompense for the following::
- Medical expenses associated with the decedent’s final injury or sickness;
- Funeral and burial expenses;
- Lost wages and future income, including what the dead may have earned in their remaining years.
- Property damage sustained as a result of the circumstances that led to the death of the victim;
- Benefits lost by surviving heirs;
- The absence of the departed individual’s friendship, comfort, and affection;
- The sorrow and anguish of the remaining relatives; and
- Prior to death, the victim endured agony and suffering or was disfigured.
In rare situations, a jury may impose punitive damages to a victim’s family, which are not designed to recompense the deceased person’s relatives but rather to punish particularly heinous behavior. This involves purposeful and irresponsible behavior.
Determining Pecuniary Loss
The filing of relevant receipts and bank account records can readily show some expenditures, such as burial expenses and hospital bills, but it can be considerably more difficult to establish loss of future income. To calculate how much the victim would have been able to give financially if he or she had not died, it is necessary to analyze a number of criteria, including the victim’s:
- Health and physical condition;
- Life expectancy;
- Earning capacity; and
- Circumstances at the time of death.
The evidence provided by the testimony of economists can be helpful in convincing a jury of the monetary value of a family’s losses. This is especially useful in cases where the victim was a homemaker and so had no permanent income. In these instances, an economist may be able to demonstrate that, although a family has not lost income, it will need to spend a substantial amount of money to replace the services that are no longer being given, such as child care, cleaning, schooling, transportation, and cooking.
When the dead family member is a child or an old person, it might sometimes be difficult to show monetary loss. This is because it is reasonably easy to analyze a deceased adult’s financial contributions using bank accounts and pay stubs. Nonetheless, other aspects of the deceased’s relationship to his or her family are also considered when calculating wrongful death losses. This implies that prospective childrearing, affection, caring, and friendship are also taken into account when calculating damages. When a child is lost, the parents’ compensation is limited to their financial loss, which can be extremely challenging to show when the kid is young and has not yet exhibited earning ability. For the same reason, it might be challenging to determine an award amount for the death of an older relative who has passed the retirement age or has limited earning ability.
In wrongful death lawsuits, jurors assess the amount of damages to be given to the victim’s family. However, if inadequate proof of the decedent’s wages was given, the court may opt to alter the judgment. A judge may even decide to retry the case.
Reputations Are Earned, Not Given
Our law firm’s founding attorney — Farhan Naqvi has handled hundreds of complicated auto accident cases, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Drunk driver accidents
He started his career as an insurance defense attorney many years ago and later joined one of the largest personal injury law firms in Nevada where he often litigated more than 200 cases simultaneously. His strong experience with insurance companies & accident law is the foundation of our boutique law firm. We devote ample resources & time to obtaining maximum compensation for accident victims.
Proving Fault in Wrongful Death Accidents
We are taken seriously by insurance companies because we prepare every case for victory in court. Attorney Naqvi defended insurance companies before beginning to represent accident victims and their families. Mr. Naqvi is intimately familiar with the strategies insurance companies employ to avoid compensating families who have lost loved ones in horrific wrongful death events.
With a hands-on approach, we conquer this difficulty. Mr. Naqvi collaborates with accident scene reconstructionists and safety engineers, if needed, to examine skid marks and property damage at accident sites. In addition to studying police records and witness accounts to collect as many facts as possible in order to ascertain the cause of fatal accidents, his methodical technique also includes:
- Car accidents;
- Truck accidents;
- Motorcycle accidents;
- Drunk driver accidents;
- Taxi cab accidents;
- Nursing home neglect;
- Negligent security;
- Medical device defects;
- Distracted driving accidents; and
- Defective products.
Due to the high stakes, investigations into allegations of wrongful death can be extensive and time-consuming and may include:
- Obtaining copies of photographic evidence and official reports;
- Retaining the advice of experts, such as accident reconstructionists;
- Obtaining copies of medical bills;
- Hiring a medical expert;
- Speaking with an economist on the probable value of damages;
- Attempting settlement; and
- Going through the probate process.
In situations involving wrongful death, compliance with procedural rules is vital. Failure to comply with these criteria can considerably delay a case or diminish the likelihood of a plaintiff recovering damages. At Naqvi Injury Law, we are well-versed in Nevada court procedures and have a staff of devoted and experienced attorneys who will work promptly and efficiently on your behalf so that your case can be settled as soon as feasible.
We Are Here For You
Attorney Naqvi negotiates actively with insurance companies to secure maximum compensation for accident victims’ families, including lost earnings, punitive damages, lost wages, and medical expenses. Mr. Naqvi is a strong negotiator who is willing to go to court if the settlement offer is inadequate.
Why Work with Our Firm?
Naqvi Injury Law provides a myriad benefits to automobile accident victims. In terms of costs, we typically charge between 25 and 33 percent of the entire payout, although other legal firms may charge up to 50 percent. In addition, we cover all expenses while your case is ongoing.
When you retain one of our competent attorneys you will never have to guess what will happen next. We will walk you through the process of obtaining the maximum compensation for your injuries, as well as advise you of any issues or practices to avoid while your case is being evaluated and handled. We are here to answer any questions you may have regarding the many legal procedures involved in your case, so you will never have to speculate about what will happen next. In contrast to other legal firms, we do not collect any fees until you get compensation for your case, so you may retain our services regardless of your financial status. Send us an email, give us a call, or use our website to get in touch with us.
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Contact our law firm by filling out the form below or call us to schedule a free initial consultation. We are compassionate, yet aggressive when protecting accident victims and family who lost loved ones in wrongful death accidents. Located in Las Vegas, our firm serves clients throughout the state of Nevada.
Other Practice Areas
DRUNK DRIVER ACCIDENTS
MULTIPLE CAR ACCIDENTS
NECK & BACK INJURY
SLIP & FALL ACCIDENTS
SPINE INJURY ACCIDENTS
SWIMMING POOL ACCIDENTS
TAXI CAB ACCIDENTS
TRAUMATIC BRAIN INJURY
TRIP & FALL ACCIDENT