Henderson WRONGFUL DEATH 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.

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.