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The death of a loved one is rarely easy to process, but a death resulting from someone else’s negligence can be even more difficult to bear. When careless or reckless actions lead to loss of life, it is known as “wrongful death”.

While nothing can make up for losing a loved one, Nevada law grants bereaved family members the right to file wrongful death claims against those responsible. At Porter Simon Sierra Injury Lawyers, our Reno wrongful death attorneys can guide you through this difficult time with compassion, from helping you navigate the filing process to advocating for fair compensation.

What Is “Wrongful Death” According to Nevada Law?

Under Nevada law, a wrongful death occurs when someone dies as the result of another party’s recklessness, negligence, or intentional act. While a wrongful death can occur under many different circumstances, some of the most common causes of wrongful death claims in Reno include:

• Car accidents: Distracting driving, speeding, and other forms of recklessness can lead to fatal accidents.
• Truck collisions: Fatal truck crashes can result from driver error, employer negligence, or even mistakes made by a third party.
• Motorcycle crashes: Motorcyclists are particularly vulnerable to deadly accidents as they have little protection compared to other vehicles.
• Premises liability incidents: Slip and falls and other types of accidents that occur on a property can result in fatal injuries.
• Medical malpractice: When medical practitioners make surgical errors, misdiagnoses, and other mistakes, the consequences are often devastating.
• Defective products: Design flaws, manufacturing defects, and lack of adequate warnings can lead to deadly product-related incidents.

Who Can File a Wrongful Death Lawsuit in Reno?

In Nevada, wrongful death claims are structured to ensure that family members of the deceased or those with a legitimate financial stake in the deceased’s estate can seek justice. Those who are eligible to file a wrongful death claim include:

• Heirs of the deceased (this primarily refers to the deceased person’s surviving spouse and children)
• Parents of the deceased, if the departed had no surviving spouse or children
• Personal representatives of the deceased’s estate
• Financial dependents who can prove they were dependent on the deceased

How Do You Prove Wrongful Death?

Proving negligence in a wrongful death case requires establishing four key elements: duty of care, breach of duty, causation, and harm:

• Duty of Care: You must prove that the defendant had a responsibility not to harm your loved one. For example, doctors must provide proper medical treatment, drivers must follow traffic laws, and manufacturers must ensure their products are safe.
• Breach of Duty: In addition to proving a duty of care was owed to the deceased, you must also prove it was broken. This could mean a doctor failed to notice critical symptoms, a driver ran a red light, or a company neglected safety testing.
• Causation: Next, you must demonstrate that the defendant’s breach directly led to the loss of life. Wrongful death lawyers often do this with the help of medical experts, accident reconstructionists, and other specialists.
• Harm or Loss: Finally, you must show that you have suffered measurable losses, such as medical expenses, funeral costs, or the loss of your loved one’s financial support.

What Damages Are Recoverable in a Reno Wrongful Death Suit?

In a Reno wrongful death lawsuit, families can seek compensation for various types of economic and emotional losses resulting from the death. This includes:

• Medical expenses before death: Hospital bills, emergency care, and other medical costs incurred due to the fatal injury.
• Funeral and burial costs: Helps ease the financial burden of laying a loved one to rest.
• Lost wages and benefits: Compensates families for the income the deceased would have earned between the time of their injury and their death.
• Loss of future earnings: Accounts for the income the deceased would have earned over their lifetime.
• Pain and suffering of the deceased before death: Addresses the physical and emotional distress the deceased endured before their death.
• Grief and anguish of the bereaved: Recognizes the emotional suffering of surviving family members.
• Loss of companionship: Provides compensation for the loss of love, guidance, and emotional support.
• Loss of household services: Covers the value of tasks the deceased provided, such as childcare, home maintenance, and other contributions.

Every wrongful death case is unique, and the specific damages available depend on the circumstances of the case. An experienced Reno wrongful death attorney can help families understand their rights and pursue the full compensation they deserve.

What to Expect When Filing a Wrongful Death Lawsuit

Filing a wrongful death lawsuit can be a complicated process. Here’s what to expect when doing so, from your initial consultation with an attorney to a potential trial:

• Consultation With a Reno Wrongful Death Attorney: During your initial consultation, an attorney will assess your case, explain your rights, and help determine the best course of action.
• Investigation of the Accident: Your attorney will start by conducting a thorough investigation, gathering all relevant evidence surrounding the accident to identify the liable parties.
• Filing the Lawsuit: Once your attorney builds a compelling case, they will draft and file a formal complaint—which outlines the allegations, responsible party, and damages sought—to the correct Nevada court.
• Notification of Intent to Sue: After filing, the defendant must be formally served with legal notice of the lawsuit.
• Settlement Negotiations: Many wrongful death cases are resolved outside of court. During this phase, your attorney will advocate for fair compensation that fully covers your losses.
• Trial (If Necessary): If the defendant refuses to offer a reasonable settlement, your case may proceed to trial, where your lawyer will argue your case before a judge or jury.

What Influences the Chances of Winning a Wrongful Death Suit?

Numerous factors can affect your chances of winning a wrongful death lawsuit. Some of these factors include:

The Strength of Your Evidence

The more high-quality evidence you have, the better your chances of proving the central wrongful death elements and receiving adequate compensation. Examples of strong evidence in wrongful death cases include:

• Records of medical treatment
• Medical examiner reports
• Accident reconstruction reports
• Expert testimony
• Statements from credible eyewitness
• Traffic and security camera footage
• Proof of the deceased’s employment and wages

Nevada’s Statute of Limitations

In Nevada, those filing a wrongful death claim must do so within two years of the date of death. If you wait too long to file a lawsuit, you may not be eligible to receive compensation.

Your Choice of Legal Representation

Hiring an experienced Reno wrongful death attorney with a proven track record can greatly impact the outcome of your case. A lawyer who is familiar with the local courts and judges can tailor their legal strategy for the best possible result.

The Defendant’s Insurance Coverage and Resources

The at-fault party’s insurance policy may limit how much compensation you can recover. A commercial trucking company, for instance, will likely have more liability coverage than an individual driver, which can increase the final award. If the defendant does not have insurance or significant assets, it may be difficult to obtain just compensation.

The Court Hearing the Lawsuit

Some courts tend to award higher settlements than others, which largely comes down to the jurisdiction and the nature and details of the case. This is yet another reason it is crucial to work with a local lawyer who understands the system.

Reno Wrongful Death Attorney: FAQs

How Long Do You Have to File a Wrongful Death Lawsuit in Reno?

You have two years to file your claim. However, this deadline can be extended in some cases, such as those involving fraud or concealment.

Who Gets the Money in a Wrongful Death Lawsuit?

In Nevada, compensation is typically divided among surviving family members based on their relationship to the deceased and their losses. A spouse or partner usually receives the largest portion, followed by the deceased’s children.

Are Wrongful Death Settlements Taxable?

No settlements from a wrongful death are not subject to taxation under federal law.

How Can I Find the Best Wrongful Death Lawyer Near Me?

Start by looking for lawyers with ample experience in wrongful death cases, paying close attention to their case results and client reviews. Also, consider their resources, reputation, and approach to client communication.