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 AttorneysI suggest using Benson & Bingham if you’re in need of an injury accident attorney! They have an amazing staff and made the entire process easy and stress free handling my case with compassion and a remedy of great efficacy!
I picked this place and I’m so glad that I did. Ida was very helpful and professional. If I had questions they were answered. I would definitely use them again in the future and I would definitely recommend them to anyone. Thank you for your service I appreciate it.
What I love about Benson & Bingham, especially from my attorney, Lina, I felt informed and cared for my health. She made sure I was ok at all times through my injury. I hate I had the accident, but it was comforting to know I was well taken care of.
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.
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!