Chances of Winning a Wrongful Death Lawsuit in Nevada

Unexpectedly losing a beloved family member is painful enough without having questions about what led to their passing.

When a negligence or wrongful act causes the death of your loved one in Nevada, you may have the legal right to hold the responsible parties accountable. Yet, while grieving, filing a wrongful death lawsuit can feel overwhelming.

What are your real chances of winning compensation after such a tragic loss?

As personal injury lawyers, we get asked this a lot. While I wish I could give you a simple percentage, the reality is there are many factors at play. The chances of winning depend on the specifics of each unique case.

Let’s discuss how these cases work, who can sue, and the factors that determine success.

How Do Wrongful Death Lawsuits Work?

Losing someone dear unexpectedly feels shocking, no matter the cause. But when another party’s intentional harm, misconduct, or negligence led to their passing, the loss also comes with a sense of injustice.

Thankfully, Nevada law provides surviving loved ones a path to seek:

• Financial support based on what the deceased would have contributed to the family.
• Accountability and consequences for the liable person or company.
• Acknowledgment of your pain and suffering from the loss.

According to Nevada Revised Statutes Section 41.085, the surviving spouse, children, parents, siblings, and other near relatives of the deceased may have grounds to sue for wrongful death if:

• A wrongful act, neglect, or default of another caused the victim’s passing.
• Financial and emotional damages resulted from the death.

Simply put, if carelessness, intentional harm, or negligence caused your loved one’s death in Nevada, you may file a wrongful death claim or lawsuit against the responsible parties.

Common grounds for these cases often involve:

• Motor vehicle accidents
• Medical malpractice
• Nursing home abuse
• Defective products
• Premises liability
• Workplace accidents

The court uses the circumstances around the passing rather than the character of the deceased person or surviving family when determining wrongful death.

Who Can Sue For Wrongful Death in Nevada?

• The surviving widow or widower
• The surviving domestic partner in some cases
• Surviving children of the deceased
• Surviving parents
• Any other surviving heirs entitled to the deceased’s property

A personal representative or executor in the will may also represent the survivors in a claim. Or the Nevada courts may appoint someone.

What Makes or Breaks the Odds of Winning a Wrongful Death Lawsuit?

No loved one or amount of money can ever replace someone tragically lost too soon. Yet financial recovery can ease related burdens as you work through grief. Settlements also convey consequences to the responsible parties for their harmful actions.

Victims’ families prevail in many Nevada wrongful death suits when the facts clearly show negligence or misconduct. But case circumstances, quality of legal counsel, damage calculations, and other aspects also influence your chances of a successful claim.

Establishing Direct Cause Between Negligence and Wrongful Death

Even with another party obviously at fault through reckless behavior or deficient business practices, plaintiffs need evidence linking their negligence directly to the death.

For example, a delivery truck driver may have neglected safety laws by speeding. But if your family member died of seemingly natural causes, arguing the driver’s rushing constituted wrongful death would lack merit.

There must be an obvious, provable connection. Skilled wrongful death counsel thoroughly investigates:

• Police and medical examiner reports.
• Details on the defendant’s careless behaviors.
• Timing that ties the negligence to your loved one’s passing.
• Expert opinions supporting the wrongful death determination.

Personal injury attorneys then highlight how the preponderance of evidence leaves no question about the liable party’s causal role.

Case Record and Reputation of Your Nevada Wrongful Death Attorney

Legal skill goes beyond building a persuasive argument. It also requires navigating all the civil procedures, paperwork, and people potentially standing in the way of fair outcomes.

Who you represent in your wrongful death case matters for effectively overcoming such obstacles. Be sure to research the personal injury lawyers’ qualifications before moving forward, including:

• Years handling Nevada personal injury and wrongful death lawsuits, specifically.
• Case record and payout averages.
• Reputation with past clients and among legal peers.
• Resources for thorough case investigation, preparation, and persistence

Ideally, your attorney should demonstrate a proven willingness to take cases to trial when plaintiffs don’t offer fair settlements.

Insurance providers often present lowball amounts during pretrial negotiations. When insurers realize the plaintiff’s counsel has no qualms about litigating a case to trial, they suddenly become more reasonable.

Believable Witness Testimony About the Loss

Judges and juries are people making decisions about other people’s lives. They respond as much, if not more, to survivors sharing from the heart about losing their loved one.

Preparing to recount intimate details between you and the deceased helps ensure you effectively convey the depth of your pain and the natural human impacts of the wrongful passing.

Experienced personal injury attorneys gently guide clients in sharing the correct level of vulnerability needed to give the factfinders a vivid understanding of all that was lost.

Increasing Your Chances of Winning a Wrongful Death Case

Successfully proving wrongful death and negligence requires thorough evidence gathering and documentation, including:

• Police Reports, Medical Records, and Other Incident Reports: An attorney collects accident reports, medical examiner findings, employment records, and other documentation to establish negligence as the apparent cause of death.
• Quantifying Economic and Noneconomic Damages: Forensic financial analysts and grief counselors provide expert testimony around lost income, benefits, household services, companionship, and severe emotional distress to justify compensation.
• Highlighting Pain and Suffering: Through sensitive questioning, an attorney helps family members illustrate their profound grief and trauma so judges and juries fully grasp the depth of loss.
• Hiring Experienced Counsel: A Nevada personal injury attorney adeptly guides families through investigation, paperwork, proceedings, and negotiation for the highest potential case value.

While no dollar amounts ever make up for losing someone cherished, a respectable settlement or court award can ease financial instability.

At Benjamin Durham Law Firm, we offer compassionate legal guidance for families grieving a sudden loss.

Reach out now to our Nevada personal injury lawyers to protect your rights and maximize your chances of sufficient compensation in your wrongful death case. Contact us for a consultation today.