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WRONGFUL DEATH

WRONGFUL DEATH ATTORNEY 

“To Me, Your Injury Is Personal!” 

 

F. TRAVIS BUCHANAN, ESQ., & ASSOCIATES, PLLC, treats each client like family and has a track record of providing our clients with zealous representation, and personal attention, in effort to yield a successful result when representing wrongful death victims of negligence. We know that these tragic events cause depression, multiple disruptions, economic losses and devastation in an individual’s or a family’s life. 

 

In Nevada, the elements of a wrongful death claim are: 

 

  • The death of a human being; 

 

  • Caused by another’s wrongful act or negligence; 

 

  • Plaintiff is an heir or personal representative of decedent; and 

 

  • Plaintiff suffered damages for monetary injury as a result of the death; 

 

NRS 41.085. 

 

When Should an Individual File a Wrongful Death Lawsuit? 

 

It is wise for family members to contact seasoned legal advocacy as soon as possible. This will allow the selected attorney to begin examining the case right away, providing more time for a lawyer to gather witness reports, evidence to prove the fault of another party, and other facts that can be crucial in the pursuit of financial compensation. Since there is a statute of limitations for wrongful death cases in Nevada, it is important not to delay in contacting a lawyer, because if you wait too long, you may lose your right to seek compensation. 

 

What is the Statute of Limitations for Wrongful Death Cases in Nevada? 

 

Nevada laws state that family members must file a wrongful death lawsuit within two years of the date of the individual’s passing. However, the sooner a family member and legal counsel file the lawsuit, should he or she choose to hire one, the more likely the case is to succeed in court. Wrongful death cases can be filed concurrently with criminal cases; for example, you may file a civil lawsuit for the wrongful death of a family member in a drunk driving accident at the same time the defendant is facing criminal charges for DUI. You do not have to wait until a decision is made in the criminal portion of the case. 

 

Which Family Members Can File a Wrongful Death Suit? 

 

Wrongful death lawsuits are considered civil lawsuits and must be filed in court by one of the following family members in order to pursue financial compensation: 

 

  • The surviving domestic partner or spouse; 

 

  • The children/child of the deceased individual; 

 

  • The parents of the deceased person, if no surviving children or spouse exist; 

 

  • The personal representative of the deceased person’s estate 

 

It may be possible for other individuals to file a lawsuit if they can prove that they were dependent on the deceased person when he or she passed away. For example, a stepchild or another non-related child may be able to file a successful claim if it can be showed that they relied on the deceased person for financial support. 

 

What Types of Damages Can A Plaintiff Recover? 

 

Nevada Revised Statutes section 1.085 govern the types of damages that are available in wrongful death claims. Generally, these damages fall into one of two categories: penalties and special damages. Special damages are those actually suffered by the deceased individual, the surviving family members, or the estate. Special damages include awards for losses such as: 

 

  • Medical costs resulting from the deceased person's final injury or illness; 

 

  • Reasonable burial and funeral costs; 

 

  • Property damage incurred in the accident that caused the fatality; 

 

  • Loss of care, affection, and companionship of the deceased person; 

 

  • Loss of benefits to heirs; 

 

  • Lost benefits and wages (This includes those the deceased person could reasonably have earned if he or she had lived); 

 

Punitive damages may be available in some cases. However, unlike special damages, punitive damages are awarded as a way to penalize the at-fault person’s wrongful conduct. 

 

F. TRAVIS BUCHANAN, ESQ., & ASSOCIATES, PLLC is a law firm representing personal injury and wrongful death victims and their families. Choosing F. TRAVIS BUCHANAN, ESQ., & ASSOCIATES, PLLC for your legal representation is the first step in moving towards the closure you deserve. Our office will be happy to examine the specific details of your case and determine a sound legal strategy for assisting you with pursuing legal redress and compensation. We understand, acknowledge and are sympathetic to the fact that no amount of compensation can replace the life of your loved one, but we believe in providing zealous representation on behalf of our clients. We are ready and willing to fight for your rights.

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