Experienced Las Vegas Wrongful Death Attorneys at Your Side
When tragedy strikes, and a loved one passes due to an accident, you need experienced Las Vegas wrongful death attorneys such as the ones at The Rodney Okano Car Accident Lawyer Law Firm.
With over 20 years of experience, Las Vegas Wrongful Death Attorney Rodney Okano and his law firm will fight against insurance companies and opposing parties on your behalf to ensure that you and your family obtain maximum compensation for your loved one's death.
To learn about your wrongful death claim and how experienced Wrongful Death Lawyer Rodney Okano and his team can help schedule a free initial consultation by calling (702) 566-3600 or submitting an inquiry here.
About Founding Attorney Rodney Okano
Attorney Rodney Okano is a skilled Nevada personal injury lawyer with over 20 years of experience in Nevada and personal injury law. With his expertise, he has helped thousands of people injured in accidents obtain the financial settlement they're entitled to.
Contact Attorney Rodney OkanoWhat Clients Say About Us
"I would 100% recommend Rodney Okano to anyone who gets into a car accident."
"Rodney and his staff were tremendously helpful and made my legal processes smooth and straightforward."
"Very professional staff. I've used Rodney before, and I highly recommend him"
"After my car accident, Rodney and his team were great! They really went out of their way to come up with innovative solutions to address my case with the insurance company. I would definitely use them again."
What Is a Wrongful Death Claim
A wrongful death claim is a legal action taken by the surviving family members or representatives of a deceased individual against a party whose negligence caused the death.
In Nevada, the wrongful death statute is outlined in NRS 41.085, which states that wrongful death occurs when a person dies from the wrongful actions or neglect of another party.
To understand if you have a valid Las Vegas wrongful death claim, contact one of our skilled wrongful death lawyers today by calling (702) 566-3600.
Who Can Sue for Wrongful Death in Nevada?
In Nevada, it's crucial to understand that only parties with specific relations to the deceased person can file a wrongful death claim.
Parties who can file wrongful death claims on behalf of a deceased party are covered in NRS 41.085 and below.
Family Members of the Deceased Person
A family member or, as outlined in Nevada law, an heir of the deceased can sue for wrongful death.
These eligible parties can include:
- Spouse or domestic partner
- Children (biological or adopted)
- Parents
- Other dependents or next of kin
Consulting with a Las Vegas wrongful death lawyer is highly recommended to ensure you can legally file a claim.
A Personal Representative of the Desceased's Estate
The personal representative of the deceased person's estate can file a wrongful death claim on behalf of the estate.
The damages won through the representative's claim will be distributed according to the deceased's will or Nevada law if no will is present.
Why Choose Attorney Rodney Okano to Represent You
20+ Years of Experience
Attorney Rodney Okano and his law firm have been helping injured accident victims obtain the compensation they are entitled to for over twenty-plus years, making them experts in personal injury law.
Millions Recovered
Attorney Rodney Okano and his team have helped recover millions of dollars for clients and vow to recover the maximum possible settlement in your case.
99% Case Success
99% of cases handled by Attorney Rodney Okano and his law firm result in a win; whether through litigation or negotiation, you'll be ensured fair compensation.
Let Us Handle Your Case
Statute of Limitations for Wrongful Death Claims in Nevada
The Nevada statute of limitations for filing a wrongful death claim is two years from the date of the wrongful death, according to NRS 11.190(4)(e).
If you or a family member fails to file a wrongful death claim within the two-year time limit, the court will likely dismiss the case, and you or the estate will lose the legal right to seek compensation from the at-fault party.
Due to this legal deadline, it's crucial that you contact an experienced wrongful death attorney immediately to begin your case.
Exceptions to Nevada’s Wrongful Death Statute of Limitations
While the two-year limit typically applies to all wrongful death cases, there are exceptions where the legal deadline may be extended, including:
- Discovery Rule: In the event that the cause of a person's death is not immediately apparent, such as in medical malpractice cases, the statute of limitations may not start on the person's death but when the cause of death is discovered.
- Wrongful Death Claims Involving Minors: If the deceased person is a minor, additional time may be given to file a claim until they reach adulthood.
- Criminal Cases: If the wrongful death was caused by a criminal act such as a homicide, the criminal case, while unlikely, may toll the civil lawsuit's statute of limitations.
What Damages Can You Seek in a Nevada Wrongful Death Claim
With help from skilled attorneys, numerous damages can be sought and obtained in a wrongful death case.
Potential damages you can seek in a Nevada wrongful death claim include:
- Medical Bills: The medical bills incurred before the person's death can be sought in a wrongful death personal injury claim.
- Funeral Expenses: Burial expenses can be covered in a claim.
- Lost Wages: Compensation can be given for the future income the deceased would have earned.
- Loss of Companionship, Care, and Affection: A personal injury claim can include damages for the emotional loss experienced by a surviving spouse, child, or parent.
- Pain and Suffering of the Deceased: The pain and suffering the deceased experienced before their passing can be compensated for.
- Punitive Damages: If the responsible party committed extremely negligent acts or intentional misconduct, such as drunk driving, the court may award punitive damages. These damages are meant to punish the responsible party and deter future similar conduct.
To ensure you and your family obtain maximum compensation following a tragic event, it's crucial that you contact a Las Vegas wrongful death attorney to make certain that the legal process is handled correctly.
How Do You Win a Wrongful Death Lawsuit?
The legal process for winning a wrongful death lawsuit can be a complicated process that may require help from Nevada wrongful death lawyers.
However, regardless of the potential complexities, understanding the process of winning a wrongful death claim is crucial to ensuring a fair settlement.
Establish the Four Key Elements
Winning a wrongful death claim will require you to prove the following four elements:
- Duty of Care: You must prove that the defendant owed the deceased a legal duty of care. This means you must prove that the defendant had a responsibility to act in a safe and reasonable manner.
- Breach of Duty: After proving a duty of care, you must now prove that the defendant breached this duty of care by acting negligently, recklessly, or intentionally.
- Causation: A direct link between the defendant's actions and the person's death must be established. This stage could require substantial evidence or expert testimony.
- Damages: To obtain financial compensation, you must prove losses you believe the wrongful death caused.
Collect Substantial Evidence
To ensure a strong and winning case, you'll need to gather substantial evidence to support your claims; this evidence can include:
- Police reports
- Medical records
- Witness statements
- Expert statements
- Surveillance footage
Having a Las Vegas wrongful death attorney assist you in collecting evidence can ensure a smoother, faster, and more complete process.
Hire a Las Vegas Wrongful Death Lawyer
If you face trouble proving fault, problems with the insurance companies, or have a more complex wrongful death case, such as one involving medical malpractice, it's highly recommended to contact a Las Vegas wrongful death lawyer.
As Las Vegas personal injury attorneys can provide needed help in:
- Collecting evidence
- Building a strong case
- Negotiations with the insurance company and the opposing party
- Representation in court
If you have recently lost a family member due to someone else's negligent actions and wish to speak with an experienced Nevada wrongful death attorney, call (702) 566-3600 today to schedule a free consultation with Attorney Rodney Okano.
Common Types of Wrongful Death Accidents
Wrongful death accidents are often caused by someone else's negligence, recklessness, or intentional misconduct.
Car Accidents
Car crashes and other motor vehicle accidents are one of the leading causes of wrongful death.
Most fatal accidents are caused by negligent behavior, such as:
- Speeding
- Drunk driving
- Distracted driving
- Reckless driving
In addition, some fatal car accidents can be caused by intentional actions, such as road rage, resulting in the at-fault driver possibly facing a criminal charge.
Medical Negligence
When a death occurs in a hospital or medical facility, it could be due to the doctors, nurses, surgeons, or other healthcare providers' failure to provide adequate care.
Common scenarios in which healthcare providers could be held responsible for a person's death include:
- Misdiagnosis or delayed diagnosis
- Botched surgical procedures
- Medications errors
- Birth injuries
Workplace Accidents
Wrongful death can occur in the workplace, with the most common incidents being:
- Construction accidents
- Exposure to hazardous materials or chemicals
- Defective or faulty equipment
- Improper maintenance of work equipment
In the event of a workplace death, the employer may be held liable for the resulting damages suffered by the victim and grieving family.
Defective Products
When a manufacturer, distributor, or seller releases a defective product that causes a fatal injury, they will be held accountable for the emotional and financial losses.
Common cases of faulty products which could result in fatal injuries are:
- Defect auto parts or vehicle
- Dangerous consumer products
- Unsafe pharmaceuticals
How Are Wrongful Death Settlements Distributed?
In Nevada, a wrongful death settlement is typically distributed among the deceased's heirs and estate.
What Parts of the Settlement Goes to the Deceased's Heirs
The heirs of the deceased will receive their portion of the settlement for losses such as:
- Loss financial support
- Loss of companionship, love, and emotional support
- Pain and suffering resulting from the loss
The settlement for these losses will be divided among the surviving spouse, children, and parents, with the settlement amount received depending on the level of dependency the person had with the deceased.
What Parts of the Settlement Goes to the Deceased's Estate
When the deceased's estate receives their portion of the settlement, it will be used on damages such as:
- Medical expenses before death
- Funeral costs
- Lost income and earning capacity
In addition, the settlement the estate receives can be used to settle any debts, expenses, or obligations the person had before passing.
Once the deceased's debts are paid, all remaining funds will be distributed among the heirs according to the deceased's will or Nevada's intestacy laws, which are outlined in NRS Chapter 134.
Frequently Asked Questions About Wrongful Death Cases
Is a Wrongful Death Settlement Taxable?
Generally, wrongful death settlements are not taxable under Nevada or federal law.
However, if the settlement contains a punitive award or interest, those parts will be subjected to taxation.
Consulting with your law firm is highly recommended to understand what parts of your settlement may be taxed.
Can You Sue for Wrongful Death If Someone Dies in Jail?
Yes, you can sue for wrongful death if a family member dies in jail, as under 42 U.S.C. § 1983, the family of a deceased incarcerated person can sue for civil rights violations if the death is caused by negligence or intentional actions.
What Is the Average Settlement for a Wrongful Death Lawsuit?
The average settlement for a wrongful death lawsuit depends on the severity and scale of the case; however, most cases range from $250,000 to $1,000,000.
How Long Does It Take to Settle a Wrongful Death Lawsuit in Las Vegas?
A wrongful death lawsuit will typically take around a few months to several years to settle, depending on factors such as:
- Complexity of the case
- Disputes in liability
- If the case is taken to court or settled in negotiations
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