If you’re grieving a loved one who died due to someone else’s negligent actions, you may have grounds for a wrongful death claim. These types of personal injury claims can be complex and emotional, and require the expertise of an experienced Carson City personal injury attorney for success. Benson & Bingham Accident Injury Lawyers, LLC, is one of Nevada’s leading personal injury attorney firms. We will use our knowledge, experience, and personalized approach as we guide you compassionately through each step of the process. To learn more about wrongful death claims and how we can help, reach out to our office to schedule your obligation-free, confidential consultation with one of our trusted attorneys.
Wrongful death occurs when a person or entity fails to fulfill their duty of care and causes the death of an individual. Your Carson City wrongful death lawyer will need to demonstrate that someone who had a duty of care acted negligently or with the intent to harm, that these actions directly caused your loved one’s death, and that you have suffered damages as a result. If the claim is successful, the deceased’s family or estate may receive compensation.
According to Nevada law, the deceased’s personal representative or estate executor can file a Carson City wrongful death claim. The closest surviving relative is also legally eligible to file a wrongful death claim. This can be a surviving spouse or domestic partner, surviving children, the deceased’s parents or siblings, or the next closest family member, in that order. If the next closest relative is surviving, more distant family members cannot file a wrongful death lawsuit.
As with other personal injury cases, Nevada recognizes a two year statute of limitations on wrongful death claims from the date of the death or from the date that the death was discovered. Because it can take months to fully investigate the situation and build a strong claim on your behalf, it’s imperative to contact an experienced Carson City wrongful death lawyer as soon as possible to begin working on your case.
Winning a wrongful death case in Nevada requires proof of multiple elements. To maximize your compensation and success, you need the guidance of an experienced Carson City wrongful death firm who understands the process and is prepared to handle all of the details from start to finish. Benson & Bingham is one of the most trusted personal injury firms in Nevada and ready to negotiate or litigate aggressively on your behalf. Trust us with your case!
If the deceased had dependents, such as minor children, who relied on their income, a wrongful death settlement should include their lost wages and future income that they would have earned to support their family during their lifetime.
Non-economic damages can be more difficult to prove in court and require the expertise of an experienced Carson City wrongful death lawyer who knows how to adequately demonstrate your grief, sorrow, and pain in court.
Any medical care, end of life care, and funeral or burial expenses for the deceased should be included in the financial settlement from a wrongful death claim. This can be proved with medical records and other documentation.
The loss of the personal relationships that the deceased had with various members of their family, especially with their dependents and spouse, can be included with your family’s wrongful death claim.
This refers specifically to the loss of the deeply personal and intimate relationship with the deceased, including the loss of moral support, sexual relations, the ability to have children with the deceased, a normal parent-child relationship, and more.
Families may also be able to file a claim for the pain and suffering that the deceased suffered prior to their death, as a result of the wrongful, criminal, or negligent actions that took place and resulted in the death.
Joseph L. Benson II, Esquire, and Ben J. Bingham, along with their trusted associates, have developed a reputation for success as a leading personal injury firm across Nevada. Since 2004, our firm has settled over $500 million for their clients. We treat each client with compassion and respect as we develop a personalized approach that fits your needs. Call us today to schedule your free, confidential consultation, and to learn more about how we can help.Meet the Attorneys
Our Carson City wrongful death attorneys were able to use their negotiation skills and experience with personal injury law to secure nearly $3 million in damages for a family suffering from the death of a loved one.
After representing a family whose relative had wrongfully died in a parking lot accident after someone’s neglectful actions, we were able to win nearly half a million in damages to cover bills and losses.
The experienced Carson City personal injury attorneys at Benson & Bingham were able to win the maximum legal payment under the circumstances for a recent client after filing a wrongful death claim on behalf of their family.
We invite you to visit our conveniently located personal injury firm office, which is conveniently located near Carson City. Our top rated personal injury lawyers look forward to your free consultation, where we will listen carefully to your story, review any available evidence, discuss your legal options, and begin to build a plan to move forward with your wrongful death case. Contact our office today to get started.
The first element of proof in any Carson City wrongful death lawsuit is to demonstrate that the defendant owed the deceased a duty of care. This may be a medical care provider relationship, such as a surgeon or nursing home, or may be a duty of care toward other drivers or pedestrians, safe manufacturing practices, quality assurance policies, properly working machinery, correct repairs, appropriate signage, OSHA compliance, and many other circumstances.
Secondly, your Carson City wrongful death lawyer will need to prove that there was a breach in the duty of care that was owed, and that this breach directly caused the death of your loved one. Common examples include negligent or distracted driving, poorly defined policies, intentional understaffing in a medical environment, failure to clearly define a construction area, and failure to repair a known defect. An experienced lawyer will be able to demonstrate how this caused the wrongful death.
Economic damages include medical bills, funeral and burial expenses, lost wages, future lost income, property damage, and other tangible losses that can be easily calculated with documentation, receipts, and medical records. Non-economic damages are just as real but can be more challenging to prove, such as pain and suffering, loss of companionship, loss of consortium, and PTSD. Your attorney will work closely with you to discover evidence that builds a strong case on your behalf.
Our firm has represented wrongful death cases that resulted from a wide variety of causes. In order to be considered as wrongful death, Nevada law indicates that the death must be the result of wrongful or negligent actions. This can include intentionally harmful actions, criminal behavior, omission of care, and other types of negligence. Most wrongful death cases are related to medical malpractice, defective products, and motor vehicle accidents of all types.
Businesses are required to comply with strict maintenance and signage regulations. When a building owner fails to make needed repairs or maintenance, or a construction zone is unsafe, one or more parties may be liable for a wrongful death that results.
Collisions between cars, trucks, motorcycles, bicycles, and pedestrians are a very common cause of fatalities. If it can be proven that the collision was the result of negligence, distracted driving, or drunk driving, you may have grounds for a case.
Our firm has represented clients facing wrongful death of a family member after a boating accident. Boats should only be operated by people who are able to do so safely and while sober to prevent liability for wrongful death.
It is important for equipment to be properly maintained, cared for, and stored, otherwise someone could be injured or killed as a result. If this has happened to your loved one, you could be entitled to compensation.
When a pedestrian is struck and killed by a negligent, reckless, distracted, or inebriated driver, their family is able to file a wrongful death lawsuit. This is a very common cause of pedestrian accidents and wrongful death cases.
Manufacturers who negligently or intentionally fail to comply with food safety, appropriate quality assurance practices, and necessary testing may be held liable if their defect causes an individual’s death.
A very common cause of wrongful death is medical malpractice, which can include negligent or intentionally harmful actions across almost any area of medical practice, including surgery, birth, poor prescribing, and more.
Some wrongful death is the result of intentional understaffing, poorly established policies, lack of training, and even intentional abuse or neglect in a care facility. Family members may be eligible to file a wrongful death claim on behalf of the deceased.
Wrongful death claims are complex, and can be especially difficult when you’re facing shock, grief, and major life changes as a result of your family member’s death. To maximize compensation and your likelihood of success, you need representation from a trusted Carson City wrongful death lawyer who understands what it takes to build a strong case on your behalf. Read our blogs and review these FAQs if you’re looking for more information about wrongful death claims, then call our office to schedule your confidential consultation. We are ready to review your situation and discuss your legal options with compassionate, personalized care.
Nevada law allows the deceased’s representative or executor to file a wrongful death lawsuit. Additionally, the closest surviving family member can also file. This includes first a spouse, then children, then parents, then siblings, and finally the next closest relative, provided no one else with a closer claim is surviving.
Wrongful death claims are handled in civil court. Although some wrongful death claims include criminal actions, they are pursued separately from criminal conviction. The district attorney is responsible for determining whether criminal charges will be pursued. With a Carson City wrongful death lawsuit, you are seeking non-punitive damages for your own personal losses and suffering.
Wrongful death lawsuits are complex and can feel especially overwhelming when you are grieving the loss of your family member. There are several specific elements that will need to be demonstrated in order to successfully win the case, many of which are difficult to prove if you do not have legal expertise. Many wrongful death cases are settled out of court, which requires negotiation skills for full compensation and success. The attorneys at Benson & Bingham have the experience, knowledge, and resources necessary to build a solid case on your behalf so you can focus on rebuilding your life after devastating loss.
Whenever possible, always get in touch with a trusted Carson City wrongful death lawyer before you contact an insurance company. Many people accidentally damage their wrongful death case through unintended statements or false admissions of guilt. Your Carson City personal injury attorney will provide guidance, representation with insurance companies, and legal advice that can protect your wrongful death claim and maximize your settlement.
These two types of personal injury lawsuits are similar. Wrongful death occurs when someone’s negligent actions directly cause a death. Survival actions are filed when a victim is injured due to negligence, survives the initial event, and then passes from their injuries later. Survival actions are frequently part of medical malpractice lawsuits. The more time that passes between the initial actions and the person’s death, the more likely it is that a survival action is the appropriate legal action that can be filed on their behalf.
Call Benson & Bingham Accident Injury Lawyers, LLC, to schedule your obligation-free, confidential consultation with one of our trusted Carson City wrongful death attorneys. We will listen to your story, clarify details, review any available evidence, and discuss your legal options. If we believe we can build a successful case on your behalf and you wish to move forward, we can discuss the next steps and begin to draft the necessary paperwork for a wrongful death claim.
In some situations, our Carson City personal injury lawyers can build a case for punitive damages. The court will typically reserve punitive damages for especially negligent actions or misconduct. Some wrongful death cases are the result of criminal actions, which the district attorney may choose to pursue in criminal court, but this is separate from a wrongful death claim in civil court.
The cost of filing a wrongful death lawsuit will vary greatly depending on the circumstances of the case and how many firm resources will be needed to pursue action, uncover evidence, and build a case. If your case can be settled out of court, it will cost less than a case that requires litigation. Benson & Bingham will never take more than you receive from a settlement and strives to ensure client satisfaction with each case. Ask your attorney for more information. If we don’t win your case, you pay nothing.
Your Carson City wrongful death attorney will first need to demonstrate that the at-fault party owed a duty of care, which could include a normal patient-doctor relationship, responsibility to other drivers, or legal obligation for safe manufacturing practices. We may use a wide variety of evidence to demonstrate that this duty of care was breached and that the breach resulted in the death of your family member. Evidence can include medical records, witness testimony, video surveillance footage, photographic records, electronic data, phone records, expert testimony, and much more.
The closest surviving relative is the only individual who is eligible to file a wrongful death case, in addition to the deceased’s executor or representative. This is first the deceased’s spouse or partner, followed by children, parents, siblings, and the next closest family member, in that order. Contact your Carson City personal injury attorney for guidance on whether you’re eligible to file a wrongful death lawsuit on behalf of your loved one.
Facing the aftermath of a premature and unexpected death of a close relative can be overwhelming, but you don’t have to face it alone! Call Benson & Bingham to schedule your confidential, obligation-free consultation with one of our experienced personal injury lawyers today. We have successfully handled many wrongful death claims and are ready to guide you through the process as we develop a personalized, caring approach to your case. Contact us now!