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LAS VEGAS WRONGFUL DEATH ATTORNEY
Experienced Attorneys Protecting You
In Nevada, when someone loses his or her life as a result of another person’s intentional, reckless, or negligent act, the victim’s family may be able to obtain compensation for the loss of their loved one. Nothing can compensate a grieving family for the loss of a beloved relative, but 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 critical to speak with an experienced wrongful death attorney who can help ensure that the wrongful party is held responsible.
We offer a compassionate, yet aggressive approach to families who tragically lost loved ones in wrongful death accidents. We understand your life changed in an instant — our law firm is committed to holding at-fault parties responsible, and seeking maximum compensation to protect your family’s future.
At Naqvi Injury Law, we have extensive experience handling complicated cases. Our founding lawyer — Farhan Naqvi — routinely litigated more than 200 cases when working at one of the largest personal injury law firm in Nevada. We will treat you like family, while guiding you through the legal process during this emotionally sensitive time.
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 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.
A wrongful death claim must be filed by the appropriate parties within two years of the date of the deceased person’s death. By failing to file a claim within this time period, a victim’s family risks losing their opportunity to obtain justice on their loved one’s behalf as the court will most likely refuse to hear the case.
Common Negligent Acts
A wrongful death claim’s success depends on whether a plaintiff can establish that another party’s negligence caused or contributed to a family member’s death. To demonstrate negligence, a deceased person’s family members must provide evidence that:
- The defendant owed a duty of care to the victim;
- The defendant breached this duty of care; and
- The breach led to the death of the plaintiff’s family member.
If a victim’s family can establish that another person or entity’s negligence was the cause of their loved one’s death, they may be able to obtain compensation for some of their financial losses. In a wrongful death claim, a victim’s family members may be able to recover two different types of damages, including:
- Special; and
Special damages include the costs actually suffered by the deceased person, his or her family, or his or her estate. Damages can include monetary compensation for the following:
- Medical bills related to the deceased person’s final injury or illness;
- Funeral and burial expenses;
- Lost wages and loss of future income, including those that the deceased person could have earned in his or her remaining years;
- Property damage incurred as a result of the events that caused the victim’s death;
- Loss of benefits to surviving heirs;
- The loss of companionship, comfort, and affection of the deceased individual;
- The grief and sorrow of the surviving family members; and
- The pain and suffering or disfigurement suffered by the victim prior to his or her death.
In some cases, a jury may award a victim’s family punitive damages, which are not intended to compensate the deceased person’s relatives, but are a method of penalizing especially deplorable conduct. This includes conduct that was intentional or reckless.
Determining Pecuniary Loss
While demonstrating certain costs, such as funeral expenses and medical bills can be easily established through the submission of relevant receipts and bank account statements, it can be much more difficult to demonstrate loss of future income. To determine how much the victim would have been able to contribute financially if he or she had not passed away requires an analysis of a variety of factors, including the deceased person’s:
- Health and physical condition;
- Life expectancy;
- Earning capacity; and
- Circumstances at the time of death.
The expert testimony of economists can go a long way towards convincing a jury of the pecuniary value of a family’s losses. This can be especially helpful in situations where a victim was a homemaker and so had no permanent income. In these situations, an economist may be able to demonstrate how, although a family has not lost an income, it will be required to spend a significant amount of money to make up for the services that are no longer being provided, such as child care, cleaning, education, transportation, and cooking.
It can also be difficult to establish pecuniary loss when the deceased family member is a child or an elderly person. This is because when an adult dies, it is relatively simple to assess his or her financial contributions through banking statements and pay stubs. However, a wrongful death loss is also measured by other elements of the person’s relationship to his or her family. This means that potential childrearing, love, nurturing, and companionship are also considered in an evaluation of damages. When a child is lost, parents’ recovery is limited to their financial loss alone, which can be very difficult to establish when a child is young and has not yet demonstrated his or her earning capacity. For the same reason, it can be difficult to establish an award amount for the death of an elderly relative who is past the age of retirement or does not have much earning potential.
In wrongful death claims, juries determine the amount of damages a victim’s family should be awarded. However, the court may decide to adjust the award if insufficient evidence of the decedent’s earning was presented. A judge may even choose to order a new trial.
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
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.
We Are Here For You
Attorney Naqvi aggressively negotiates with insurance companies to obtain maximum compensation for victims’ families, covering lost wages, punitive damages, lost wages, and medical bills associated with the accident. Mr. Naqvi is a tough negotiator and is prepared for trial if the settlement offer is too low.
Why Work with Our Firm?
Naqvi Injury Law offers many benefits to car accident victims. In terms of fees, we usually charge only 25 to 33 percent of the total compensation, versus fees of up to 50 percent at other law firms. We also advance all costs while your case is pending.
When you hire one of our skilled attorneys, you’ll never have to wonder what comes next. We’ll guide you through the steps of pursuing the best payout for your injuries, while advising you of potential problems or practices to avoid while your case is being reviewed and worked on. We are available to answer any questions you may have about the different legal processes involved in your case, so you’ll never have to guess at what comes next. Unlike some law firms, we don’t charge you any fees until you receive compensation for your case, which means you can retain our services no matter what your financial situation may be. Give us a call, contact us through our website, or send us an email.
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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