Wrongful Death
Boulder City Wrongful Death Lawyers
Committed to Seeking Justice for Wrongful Death Cases
At Bertoldo Carter Smith & Cullen, we understand that losing a loved one due to someone else’s negligence or misconduct is a devastating experience. The pain and emotional turmoil can be overwhelming, and seeking justice may feel like an insurmountable task. If you have lost a family member in Boulder City because of the negligent actions of someone else, our experienced legal team is here to provide you with the compassionate support and expert legal guidance you need during this difficult time.
Contact us today at 702-800-0000 to schedule a free consultation.
Understanding Wrongful Death Claims in Boulder City
Under Nevada law, a wrongful death claim arises when a person’s death is caused by the negligence, recklessness, or intentional actions of another party. These claims can arise from various situations, including but not limited to:
- Motor Vehicle Accidents: If your loved one was killed in a car, truck, motorcycle, or pedestrian accident caused by another driver’s negligence, you may have a wrongful death claim.
- Medical Malpractice: When medical professionals fail to provide the standard level of care, resulting in the death of a patient, surviving family members may pursue a wrongful death claim.
- Workplace Accidents: If a loved one died as a result of a workplace accident caused by employer negligence or unsafe working conditions, you may be entitled to compensation through a wrongful death claim.
- Defective Products: If a defective product caused the death of your family member, you may have grounds for a wrongful death claim against the manufacturer, distributor, or retailer.
- Premises Liability: Property owners have a responsibility to maintain safe premises. If your loved one died due to hazardous conditions on someone else’s property, you may have a wrongful death claim.
Who Can File a Wrongful Death Claim in Nevada?
In Nevada, a wrongful death claim can be filed by specific individuals who are recognized as “real parties in interest.” The order of priority for filing a wrongful death claim is as follows:
- The personal representative of the deceased person’s estate: This is typically an individual appointed by the court to represent the estate of the deceased. If there is a will, the personal representative is usually the executor named in the will. If there is no will or executor named, the court may appoint a personal representative.
- Surviving spouse: The surviving spouse of the deceased person has the right to file a wrongful death claim if there is no personal representative appointed or if the personal representative does not file a claim within six months of the death.
- Surviving children: If there is no surviving spouse or if the surviving spouse does not file a claim within six months, the surviving children of the deceased person can file a wrongful death claim.
- Parents: If there are no surviving spouse or children, the parents of the deceased person may file a wrongful death claim.
- Other next of kin: If none of the above individuals exist, other next of kin, such as siblings or grandparents, may have the right to file a wrongful death claim.
Damages in a Wrongful Death Lawsuit
In Nevada, the potential damages that can be awarded in a wrongful death lawsuit are intended to compensate the surviving family members for the losses they have suffered as a result of the death of their loved one. The types of damages that may be awarded include:
- Economic Damages: These are quantifiable monetary losses that have resulted from the death. They may include medical expenses incurred prior to the death, funeral and burial expenses, lost wages and benefits that the deceased would have earned, loss of future financial support, and any other financial contributions the deceased would have made.
- Non-Economic Damages: These are subjective losses that are not easily quantifiable in monetary terms. They may include pain and suffering experienced by the deceased before death, loss of companionship, loss of consortium (loss of a spousal relationship), loss of guidance and support, and emotional distress suffered by the surviving family members.
- Punitive Damages: In certain cases, if the defendant’s conduct was particularly egregious or malicious, punitive damages may be awarded. These damages are intended to punish the defendant and deter others from engaging in similar behavior.
Ready to Help You & Your Family Through This Difficult Time
Losing a loved one is an incredibly painful experience, and the legal process can seem overwhelming. At Bertoldo Carter Smith & Cullen, we are committed to providing you with compassionate guidance and support throughout your wrongful death claim. We will explain your rights, answer your questions, and keep you informed at every stage of the legal proceedings.
Call 702-800-0000 or fill out our online contact form today to learn how we can help you.
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