LAS VEGAS WRONGFUL DEATH ATTORNEY

Wrongful Death Basics

A wrongful death claim is essentially a lawsuit brought on behalf of a deceased party, who, if he or she were alive, would be able to bring a personal injury claim against the at-fault party. Because wrongful death claims are considered civil lawsuits, they must be filed in court by the appropriate party. Furthermore, liability will only take the form of money damages, whereas a criminal charge for homicide, filed by a prosecutor, may result in the responsible party’s imprisonment. A wrongful death claim can still be filed even if a criminal case is already in progress.  

The most common kinds of negligent acts that justify wrongful death claims, include:

• Car crashes where the other driver was negligent or reckless;
• Accidents that take place on someone else’s property due to improper maintenance;
• Accidents caused by an  unsafe product that was defectively designed or manufactured;
• Workplace accidents involving unsafe working conditions; and
• Medical malpractice on the part of a physician or surgeon.

Regardless of what type of negligent behavior or decision making caused your loved one’s untimely death, our wrongful death lawyers will work diligently to protect the interests of you and your family and help you obtain the compensation you deserve.

Who Can File a Claim

Only certain individuals are permitted to file a wrongful death claim in Nevada, 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 cases where the wrongful party died before the commencement of the action, the victim’s family members can still file a wrongful death claim against that person’s personal representatives. Alternatively, if a wrongdoer is employed by someone else who was responsible for his or her conduct, that person can also be included in the victim’s claim. This means that wrongful death claims can be filed against a variety of individuals related to the incident that caused the death. For example, depending on the circumstances of the case, the following individuals may be held legally responsible for a person’s death:

• The at-fault driver in a car crash;
• The designer of a defective road;
• The person who sold, served, or gave alcohol to an impaired driver who caused an accident;
• The owner of the bar or restaurant where the alcohol was served to an inebriated driver;
• A government agent who did not provide adequate warnings about a dangerous road hazard; and
• The manufacturer, seller, or installer of a faulty car part.

Proving Fault in Wrongful Death Accidents

Insurance companies take us seriously, knowing we prepare every case to be successful in court. Attorney Naqvi defended insurance companies before he began protecting accident victims and their families. Mr. Naqvi knows firsthand the techniques insurance companies use to avoid compensating families who tragically lost loved ones in wrongful death accidents.

We overcome this challenge with a hands-on approach. When appropriate, Mr. Naqvi works with accident scene reconstructionists and safety engineers to carefully analyze skid marks and property damage left at accident scenes. His detailed approach also includes reviewing police reports and witness statements to gather as many as details possible to determine the cause of fatal accidents, involving:

• 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.

Because the stakes are so high, investigations into wrongful death claims can be detailed and time-consuming and may involve:

• 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.

Adhering to procedural requirements is very important in wrongful death cases. Failing to adhere to these requirements can significantly delay a case or hurt a plaintiff’s chances of recovery. At Naqvi Injury Law, we are very familiar with Nevada court processes and have a dedicated and experienced legal team who will work quickly and efficiently on your behalf, so that your case can be resolved as soon as possible.