Death is tragic in any situation. However, if you’ve lost a loved one due to someone else’s negligence, that can make the death even more tragic. It may even leave you in financial peril. If you’ve lost a loved one in a wrongful death scenario in Reno, Nevada, a court may award you financial compensation. You should contact an experienced Reno Wrongful Death Lawyer to discuss your eligibility to file a wrongful death claim.
Wrongful death is a legal term for a case in which the intentional, reckless, or negligent actions of one person cause the death of another. A wrongful death claim is a lawsuit filed in civil court, and usually must be filed within two years from the date of the death. Wrongful death claims are similar to personal injury claims, except the family seeks compensation for the death instead of the injured individual seeking compensation for his or her injuries. To obtain compensation in a wrongful death lawsuit, the estate or family members must prove that another party’s negligence or intentional harm caused their loved one’s death and that this death caused monetary injury to surviving family members or to the decedent’s estate.
The following are permitted to file a wrongful death claim in Nevada:
Under Nevada law, you must file a wrongful death claim within two years of the date the fatal injury occurred. If you have not filed a claim within those two years, your right to bring the case to court is nullified and you are not eligible for compensation for the wrongful death of your loved one.
If your loved one passed away due to the negligence of another person, you could receive compensation for your pain and suffering. While you are legally allowed to file a wrongful death claim on your own, nobody should have to face the legal process alone! With a competent wrongful death attorney in Reno on your side, you have the best chance at receiving maximum compensation.
Perhaps your loved one was the primary breadwinner in the family, and you no longer have consistent income covering your daily expenses, causing financial hardship. Your loss of wages and calculated loss of future income are factored in when your lawyer determines the settlement amount you deserve for your loss.
An unexpected death is a bitter experience, especially when it was caused by someone else’s negligence like in a DUI or medical malpractice case. The loved ones and family members of the deceased often face heavy grief and sorrow as they adjust to life without their loved one’s care and protection.
Funeral expenses can be hefty, especially when they are unexpected and have no funds set aside to help cover costs. If medical care was needed for the loved one before their death, the family is still responsible to pay the bill. You can receive compensation for both the funeral expenses and medical bills.
The sudden loss of a loved one not only affects your financial status, but causes a great feeling of loss of companionship. This includes that person’s ability to parent, to show love and affection, and the overall benefits of having them in your life. You could be compensated for the loss of companionship you face.
Similar to loss of companionship, loss of consortium refers to the permanent ramifications the spouse of the deceased will experience after the loss of their partner. This includes the spouse’s loss of love, companionship, comfort, services, support, and sexual relations that were previously provided before the death. Loss of consortium is considered during your settlement.
In some wrongful death cases, the deceased experienced great pain and suffering before their death. This could be due to medical malpractice, injury from a terrible vehicle accident, or a bicycle accident. No matter the reason, you deserve to be compensated as you process the pain and suffering faced by your loved one.
Our entire team of attorneys and paralegals at Benson & Bingham Accident Injury Lawyers, LLC carries years of experience representing clients in all types of wrongful death cases. We help you understand the legal options available to you and guide you every step of the way. Our Reno wrongful death personal injury law firm understands the difficulty of losing a loved one unexpectedly, and demonstrates compassion as we negotiate on your behalf. Click below to schedule a free consultation to discuss your situation, and one of our attorneys will reach out to you shortly.Meet the Attorneys
Over the past 20 years, Benson & Bingham has proudly recovered almost $500 million total in compensation for our clients in personal injury cases. We can fight for you too!
As experienced Reno wrongful death lawyers, Benson & Bingham recently recovered $425,000 for a client who lost their loved one in a parking lot accident. We built a strong case and negotiated confidently on their behalf.
When you choose Benson & Bingham to represent your wrongful death case, you could receive a settlement offer of up to $300,000 for your pain and suffering. Give us a call to learn how we can help!
Benson & Bingham Accident Injury Lawyers, LLC has a variety of convenient locations throughout Reno and the surrounding areas. We want to make it simple for you to schedule a free consultation and choose a legal option that works best for your needs. When you visit our Reno wrongful death law firm, you will never be pressured to make a decision you aren’t ready for, but will feel heard and prioritized.
In wrongful death situations, one of the first foundational aspects that must be proven is that the defendant owed a duty to the deceased, and that the duty was breached. If your attorney can prove that the defendant breached his duty, the defendant can be sued for negligence and held accountable. The duty that was owed is to use reasonable care to avoid causing injury to that person or to their property. When someone dies as a result of injury from negligence, that basic duty is breached.
Once it has been determined that the defendant owed a duty of care, or a duty to avoid causing injury to that person or their property, the attorney needs to prove that the duty of care was breached and therefore harmed the deceased. Your wrongful death lawyer in Reno must be able to show without doubt that the defendant failed to act as a reasonable human and it caused injury and resulting death.
Both economic and non-economic damages are essential to proving your claim for compensation. Economic damages include physical and financial strains such as vehicle repairs, medical bills, daily expenses, and cost of living. Non-economic damages include emotional distress, pain and suffering, loss of consortium, loss of companionship, and more. Your attorney will use police reports, medical records, receipts, vehicle repair estimates, doctor’s bills, and more to provide reasonable proof for your claim.
Because Reno is a popular tourist city with a dense population, accident-related deaths accounted for over 1700 of all deaths in Nevada over the past year. Our attorneys have seen a wide variety of wrongful death cases as we represent residents of Reno.
Wrongful death can occur in a variety of ways. Below we discuss some of the most common events that can result in the death of a person:
When proper precautions are not taken in a workplace, or unsafe practices occur, an environment is created where injury or death can easily occur. Faulty or poorly maintained construction equipment is a common cause of wrongful death.
Our five-star Reno accident injury law firm represents clients who have lost someone due to a motor vehicle accident or were struck as a pedestrian. The deceased could be a passenger, pedestrian, or another driver.
Boating is a popular activity on Lake Mead, but if improper precautions are taken, extensive injury or death can occur. One of the most common ways for a boating experience to go bad is passengers forgetting to wear life jackets.
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.
Because of the high density of pedestrians in the city of Reno, they can easily be struck and killed by a bus, motorcycle, or other moving vehicle. Contact our Reno reckless driving attorneys for help filing a claim.
If a product has been proven to be defective through faulty manufacturing or through its design, and results in someone being injured or losing their life, the company is liable to be sued in a wrongful death claim.
When a medical provider’s careless or negligent behavior causes the death of your loved one, you can file a medical malpractice suit against them. You are entitled to receive compensation for your loved one’s pain, suffering, and wrongful death.
If you have lost a loved one who was a resident in a nursing home where understaffing or poorly trained staff created an abusive environment that led to their death, you could receive compensation for your loved one’s suffering.
There are many misconceptions about wrongful death claims. Individuals who have lost a loved one may be hesitant to pursue a legal option because they are unsure if it is a valid case. The best part about meeting with a personal injury lawyer is that the first consultation is completely free and provides the opportunity to share your situation in a confidential, compassionate environment. Benson & Bingham Accident Injury Lawyers is on your side!
Wrongful death claims can be filed when a loved one has died as a result of someone else’s negligence or reckless behavior, as in medical malpractice or a vehicle accident. Only certain people are eligible to file a wrongful death claim. Typically, the decedent’s spouse, their child (if under the age of 18), or parent (if the child was under 18 years of age) are able to file a wrongful death claim. In some rare cases, the parents of an adult deceased child can be eligible to be compensated.
Wrongful death is a civil action taken by the family members or estate of a decedent to recover expenses related to his or her death. Homicide is a criminal charge brought by the state. An individual charged with murder will likely serve time in prison if convicted. A defendant in a wrongful death claim, if found negligent, will be ordered to pay the family or estate of the decedent damages. While prosecutors in a criminal trial must prove that the defendant committed a criminal act beyond a reasonable doubt, wrongful death actions involve a lower standard of proof, and the family or estate must only prove that the defendant’s negligence more likely than not caused the death of the decedent and resulted in the damages that they suffered.
It should be noted, however, that it is possible to file a wrongful death claim against a person who is also facing criminal charges for the decedent’s death.
Yes. In the state of Nevada, you cannot file a wrongful death claim unless you are represented by a licensed lawyer. A wrongful death claim must be filed in court directly by a personal representative of the surviving family members or of the decedent’s estate. Finding a wrongful death attorney in Reno is imperative if you feel your loved one has died as a result of negligence. Benson & Bingham Accident Injury Lawyers is an excellent resource!
No. Even if an insurance adjuster seems to be the logical choice to contact after wrongful death, your first call should be to an attorney. You will likely be asked to schedule a consultation where you can share all the details of the situation in a confidential atmosphere. With those details, a lawyer can determine if the case is valid and strong enough to qualify for a wrongful death claim. Let your lawyer handle all negotiations with the insurance agent.
A survival action is another option available to the loved ones of a decedent. While wrongful death actions seek compensation for family members due to damages that they incurred due to a decedent’s death, a survival action deals with the damages done to the decedent before his or her death. While wrongful death and survival action claims can be handled separately, they are often combined into one action.
It is important to contact an attorney within two years or less of the date the wrongful death occurred. If your attorney deems the case valid and within the statute of limitations, you can proceed with filing a wrongful death claim against the guilty party. The first step is to prove that a person has died, through death certificates and medical records. Next, your attorney will gather all the necessary documents and file them with the court, requesting discovery from opposing counsel.
Each wrongful death case is completely unique, with a variety of factors to consider. Typically, punitive damages can be recovered in certain cases, but it depends on the evidence present. It is important to have an experienced attorney representing your case!
Individuals may also seek punitive damages in cases where a defendant’s behavior was particularly reckless or intentional. Punitive damages are not meant to compensate the estate or the decedent’s family, but rather to punish the defendant for his or her behavior.
While each case is different and there is really no way of knowing how much you could receive before reviewing all the details, you can typically expect to pay your lawyer somewhere between 33%-40% of the total amount. For example, if you receive $200,000 in a settlement, your lawyer may receive anywhere between $66,000 and $80,000. Be sure to speak with your attorney so that you know what to expect!
When filing a wrongful death claim, it is vital for your attorney to be able to prove that the defendant owed your family member a duty of care, and failed to follow through on that duty, thus causing your loved one to die as a result. Negligence is usually determined through four different elements: the wrongdoer owed a duty, the duty was breached, the breach caused injury, and the injury caused death to the victim.
While many people are affected when someone dies, not everyone is legally allowed to file a wrongful death claim for compensation. In most cases, it is the surviving spouse who can file a wrongful death lawsuit. If there is no surviving spouse, an adult child can bring the lawsuit. If the person who died was a minor (under the age of 18), their parents can bring the lawsuit.
If you’ve lost a loved one in Reno due to negligence, recklessness, or intentional harm caused by another person, you deserve to have a skilled and compassionate attorney answer your legal questions and help you determine your eligibility for compensation. We also serve clients in Lake Tahoe, Sparks, and Carson City. To schedule your free consultation, contact Benson & Bingham Accident Injury Lawyers, LLC online or by calling (775) 600-6000.