Henderson Wrongful Death Lawyers

Compassionate & Dedicated Support for Your Family

If you lost a loved one due to someone else's negligent or reckless actions, you deserve justice. At Bertoldo, Carter, Smith & Cullen, LLP, our Henderson wrongful death attorneys are compassionate and caring, yet aggressive and determined when seeking the maximum compensation available under the law. Our goal is to help you move forward with your life as best as you can, while holding those responsible for your loved one's death accountable.

We understand the emotional turmoil and financial strain that can accompany the loss of a loved one. During this difficult time, our team is dedicated not just to your financial recovery but also to providing emotional support and guidance throughout the legal process. Our priority is to ensure you feel understood and supported every step of the way. Our comprehensive approach allows us to thoroughly investigate your loss's circumstances, providing you with robust representation that aims to secure justice and peace of mind.

Have you recently lost a loved one and suspect negligence may be to blame? Call Bertoldo Carter Smith & Cullen today at (725) 567-0612 or contact us online to discuss your legal options and get the compassionate support your family needs!

What is Wrongful Death?

Wrongful death refers to a legal term used to describe a situation in which the negligent, reckless, or intentional actions of another person, company, or entity cause an individual's death. In a wrongful death case, the surviving family members or beneficiaries of the deceased person have the right to file a lawsuit against the responsible party. The purpose of such a lawsuit is to seek compensation for the damages caused by the death, which may include medical expenses, funeral costs, loss of financial support, loss of companionship, and emotional distress.

Understanding the complexities of wrongful death incidents is crucial for family members seeking justice. Wrongful death can arise from various circumstances, including car accidents, medical malpractice, workplace accidents, or defective products. Each type of wrongful death has unique legal considerations, so working with knowledgeable attorneys is vital. By accurately identifying the cause and responsibility, our team can tailor the legal approach to ensure all potential avenues for compensation are pursued. This comprehensive assessment is essential in providing justice and relief to bereaved families.

Who Can File a Wrongful Death Lawsuit in Nevada?

Only the personal representative of the deceased's estate can file a wrongful death lawsuit in Nevada. This is typically the deceased's surviving spouse, child, parent, or sibling.

If no surviving family member is available, the state will be the personal representative of the deceased's estate. If no one applies to be the personal representative of the deceased's estate, the state will assume this role.

Establishing a personal representative is an important aspect of wrongful death cases. This representative acts on behalf of all beneficiaries and must navigate the legal system and family dynamics. Knowing who qualifies and understanding their responsibilities can streamline the lawsuit process and ensure all entitled individuals are considered. Having experienced legal counsel can help swiftly address these initial steps, preventing any unwanted delays or complications as you seek justice for your loved one.

In a wrongful death lawsuit, the personal representative of the deceased's estate can be represented by any licensed attorney in Nevada.

How Long Do I Have to File a Wrongful Death Lawsuit in Nevada?

Under Nevada law, you have two years from the date of the deceased's death to file a wrongful death lawsuit. If you miss the two-year deadline, you will lose your right to file a wrongful death claim. It is essential to contact an experienced wrongful death attorney in Henderson as soon as you learn that your loved one has passed away.

Acting promptly is essential in preserving your legal rights. The sooner legal proceedings begin, the more effective your legal representation can be in collecting evidence and building a strong case. Additionally, quicker legal action can sometimes help negotiate settlements outside the court, potentially alleviating prolonged emotional distress. Our attorneys are prepared to move quickly to protect your family's interests and honor your loved one's memory.

Recoverable Damages in a Wrongful Death Lawsuit

Depending on the circumstances of your case, you may be able to recover economic and non-economic damages in a wrongful death lawsuit. Economic damages include funeral and burial expenses, medical bills, life insurance benefits, lost wages and benefits, and loss of future earnings. Non-economic damages include pain and suffering, mental anguish, loss of companionship, and loss of inheritance.

Understanding the full range of damages available in a wrongful death lawsuit enables families to seek comprehensive financial recovery. These recoverable damages not only address immediate financial burdens but also cover future impacts and emotional suffering. Our attorneys strive to quantify non-economic damages—such as loss of companionship and mental anguish—ensuring they accurately reflect the gravity of your loss. This holistic approach to damages recovery underscores our dedication to achieving a just outcome for your family.

In a wrongful death lawsuit, the personal representative of the deceased's estate may be able to recover the following types of damages:

• Medical and funeral expenses
• Lost wages and benefits
• Loss of companionship and services
• Loss of inheritance
• Punitive damages

The amount of punitive damages awarded in a wrongful death case is typically higher than in other personal injury cases. This is because the court recognizes the egregious nature of a person's negligent or reckless action that resulted in the death of another person.

How Our Henderson Wrongful Death Lawyers Support You

During the aftermath of a loved one's wrongful death, choosing the right support can significantly impact the healing and recovery process. At Bertoldo Carter Smith & Cullen, our comprehensive approach places your family's needs at the forefront. We start by thoroughly investigating the incident, collecting relevant evidence, and consulting with experts to build a strong representation. This foundational work intends to construct the strongest possible case and give you peace of mind, knowing every detail is being meticulously examined. Our practice includes transparent communication with clients, ensuring you remain informed and empowered throughout the process. Regular updates and an approachable team mean you always know the status of your claim and can make informed decisions. Moreover, Bertoldo Carter Smith & Cullen operates on a contingency fee basis, which means you incur no legal fees unless a successful monetary recovery is made in your favor. This commitment to client-centric service underscores our mission to remove financial burdens while pursuing justice.

Enhanced support extends beyond just legal strategies. At Bertoldo Carter Smith & Cullen, we provide emotional support and practical assistance, such as help connecting you with counseling or other community resources. Understanding that grief does not adhere to a linear path, we are here to provide support as long as needed. Our commitment to serving is evident in our legal victories and compassionate and patient approach, helping you find a sense of resolution and closure. The impact of our work goes beyond settlements; it helps in fostering healing within the Henderson community. With a long-standing presence in the area, we pride ourselves on contributing positively to our surroundings. Discussing the specifics of your situation with us can reveal all the potential avenues for moving forward, maximizing the likelihood of a successful outcome while minimizing your immediate stress and uncertainty.

Contact Our Henderson Wrongful Death Attorneys Today 

The loss of a loved one is always tragic. When someone else's negligent or reckless actions cause your loved one's death, you deserve to be compensated for your loss. Although no amount of money will replace what you lost, we can help you and your family get through this difficult time.

Our team at Bertoldo Carter Smith & Cullen is committed to providing dedicated legal support during your time of need. We pride ourselves on our empathetic approach and our strong legal acumen. Our mission is to ensure you're not navigating this challenging time alone. From our first meeting to the final resolution, we provide the personalized support your family deserves. Engage with us today to build a path toward justice for your loved one.

Don't wait to seek justice. Reach out to our trusted Henderson wrongful death lawyers now for a free consultation and learn how we can help you pursue the compensation and closure you deserve.

Frequently Asked Questions About Wrongful Death

What Are Common Causes of Wrongful Death?

In Henderson, wrongful deaths most frequently result from accidents, medical malpractice, and intentional acts of harm. Car accidents are one of the leading causes, often involving factors such as speed, impaired driving, or distraction. Additionally, workplace accidents, particularly in construction and industrial settings, can result in fatalities due to negligence or a lack of proper safety protocols. Medical errors, such as misdiagnosis, surgical mistakes, or improper medication, also contribute significantly to wrongful death cases. Understanding the prevalence of these incidents allows grieving families to identify potential legal redress paths. Intentional acts, like assault or other violent crimes resulting in death, can lead to both criminal charges and wrongful death claims. Regardless of the cause, pursuing a wrongful death claim serves to hold the responsible parties accountable, aiming to prevent future incidents within the Henderson community. Our team is experienced in handling a range of situations, offering robust representation tailored to your family's specific facts and needs.

How Are Wrongful Death Settlements Calculated?

Calculating wrongful death settlements involves a comprehensive assessment of both economic and non-economic damages, ensuring a fair amount reflecting the loss's true impact. Economic damages are relatively straightforward, covering quantifiable expenses such as medical bills, funeral costs, and lost wages or benefits. Non-economic damages, however, consider more subjective factors like emotional suffering, the loss of companionship, and the deceased's contributions to family life. Often, expert testimonies, including economic analysts or psychologists, are used to evaluate these losses, providing an in-depth analysis that reflects all aspects of family life disrupted by the loss. In some instances—where the conduct is particularly egregious—punitive damages may also be assessed, further complicating settlement calculations. These considerations are all discussed and evaluated thoroughly with the client, ensuring each component is advocated for effectively, reflecting the full extent of the loss suffered.

How Do Nevada Wrongful Death Laws Differ from Other States?

While many principles of wrongful death claims are consistent across the United States, including the ability of families to seek damages after a loved one dies due to another's actions, there are some distinctions in Nevada law. One key difference is the definition of eligible claimants. In Nevada, only the personal representative of the deceased's estate can bring forward a wrongful death claim, narrowing the field as compared to some states that allow more direct family members to file. Furthermore, the laws governing the distribution of damages once awarded can differ, influencing how proceeds are allocated among beneficiaries. Nevada's approach to calculating non-economic damages tends to be comprehensive, ensuring all emotional and psychological impacts are considered thoroughly and fairly. Understanding these nuances ensures families in Henderson have the right guidance and representation when pursuing wrongful death claims at Bertoldo Carter Smith & Cullen. This state-specific expertise supports the claim's success and comprehensive recovery for those left behind.