Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Wrongful death law allows certain family members and representatives to seek compensation when a person dies because of the wrongful act, negligence, or misconduct of another party. In Las Vegas, as elsewhere in Nevada, a wrongful death claim is a civil action meant to compensate survivors for the losses caused by the death - it is separate from any criminal case that might arise from the same facts. Common causes include motor vehicle collisions, medical malpractice, defective products, workplace accidents, negligent security, and intentional criminal acts.
The purpose of wrongful death law is not to punish in the criminal sense, but to provide financial relief for survivors for economic and non-economic losses. Because wrongful death claims involve multiple legal issues - proving liability, calculating damages, and navigating local procedures - many families consult an experienced attorney to represent their interests.
Wrongful death cases often involve complex factual and legal challenges that make legal representation valuable. A lawyer can help in situations such as:
If the cause of death is disputed or fault is unclear - an attorney can investigate, collect evidence, and secure expert opinions to establish liability.
If multiple defendants or insurers are involved - lawyers negotiate with insurance companies and untangle liability among drivers, property owners, employers, manufacturers, or health care providers.
If the case involves medical malpractice, product liability, or specialized negligence - these matters often require medical, engineering, or industry experts to explain how the defendant’s conduct caused the death.
If there are multiple survivors or competing claims - an attorney can help determine who has legal standing to sue and how recovery should be distributed among beneficiaries.
If you face government or public-entity defendants - special notice requirements, shorter deadlines, or immunities may apply; an attorney can ensure procedural compliance.
If you are negotiating a settlement or preparing for trial - a lawyer evaluates settlement offers, calculates damages, and will represent you at trial if needed.
Several local and state law features are particularly relevant for wrongful death cases in Las Vegas and Clark County. First, wrongful death claims in Nevada are typically brought by the personal representative or executor of the decedent’s estate for the benefit of surviving family members. That means someone often needs to be appointed by the probate court to act on behalf of the estate before certain claims are filed or settled.
Second, there are time limits to file a wrongful death lawsuit. These limitations are often relatively short, so prompt action is important. Exceptions and tolling rules can apply in special circumstances, so potential claimants should seek advice quickly.
Third, Nevada law permits recovery for several types of damages in a wrongful death action. Recoverable items commonly include funeral and burial expenses, reasonable and necessary medical costs related to the incident, loss of financial support, loss of household services, loss of companionship and consortium, and, in some cases, punitive damages when the defendant’s conduct was willful or especially reckless.
Fourth, Nevada applies comparative-fault principles. If the decedent or another party is found partially at fault, the total recovery may be reduced by that percentage of fault. Insurance coverage issues are also critical in Las Vegas cases - many recoveries come from settlements with insurance companies, and policy limits can affect compensation.
Fifth, claims against government entities impose additional procedural steps - for example, notice-of-claim requirements and shorter filing deadlines - and may be subject to different liability standards or caps. Finally, many wrongful death matters in Las Vegas are litigated in state trial court in Clark County, though federal court is possible in cases involving federal law or diverse parties with sufficient monetary threshold.
A wrongful death occurs when someone dies as a result of another person’s negligent, reckless, or intentional act. That can include car crashes caused by negligent drivers, deaths due to medical errors, fatal injuries from defective products, workplace fatalities caused by employer negligence, and deaths resulting from assaults or criminal acts. The key question in civil law is whether the defendant’s conduct caused the death and whether survivors suffered compensable losses as a result.
Generally, wrongful death actions are brought by the personal representative or executor of the deceased person’s estate for the benefit of surviving family members. Eligible beneficiaries often include a surviving spouse, children, parents, and other dependents, but the exact list and priority can depend on the decedent’s family situation. Because a personal representative often must be appointed through probate, families commonly consult an attorney early to clarify who should file and how proceeds will be distributed.
Time limits to file a wrongful death lawsuit are governed by statute and are strictly enforced. In many cases the deadline is relatively short - usually a matter of years from the date of death - and exceptions may apply in certain circumstances. If you wait past the statutory deadline, you may lose the right to sue. Contacting a lawyer promptly will help ensure you meet all applicable deadlines.
Survivors may recover economic damages such as funeral and burial expenses, reasonable medical expenses related to the fatal injury or illness, lost financial support or wages the decedent would have provided, and the value of household services. Non-economic damages commonly include loss of companionship, guidance, and consortium. In cases of egregious conduct, punitive damages may be available to punish the wrongdoer and deter similar behavior. The exact recoverable items and calculation methods depend on the facts and applicable law.
A criminal prosecution and a civil wrongful death claim are separate. A criminal conviction may support a civil case by providing evidence of wrongdoing, but it is not required to bring a civil suit. Civil cases use a lower standard of proof - typically a preponderance of the evidence - than criminal cases, which require proof beyond a reasonable doubt. Even if the criminal defendant is acquitted, a civil claim may still succeed.
Lack of insurance or bankruptcy of the defendant can limit recovery. An attorney will explore all potential sources of compensation, which may include other negligent parties, employer liability, uninsured motorist or underinsured motorist coverage on the decedent's policies, excess or umbrella policies, and, in some cases, asset discovery or structured settlements. If recovery is unlikely, an attorney can advise on the practical options available.
Many wrongful death cases are resolved through settlement negotiations with insurance companies or defendants before trial. Settlements avoid the risks, time, and expense of a trial, but a trial remains an option if negotiations fail or if a fair settlement is not offered. An experienced attorney will evaluate settlement offers, advise on litigation risks, and represent you at trial if necessary.
Distribution of proceeds depends on who is legally entitled to recover and any directions from the probate court or statute. Typically, proceeds go through the decedent’s estate or are allocated among eligible survivors according to state law or a court-approved plan. If a personal representative handles the recovery, they must follow legal rules and fiduciary duties when distributing funds. An attorney can explain how distribution usually works in the local jurisdiction and help resolve disputes among heirs.
The timeline varies widely. Some cases settle in a few months if liability is clear and the insurance company cooperates. Cases that involve extensive investigation, expert witnesses, complex medical or technical issues, or contested liability often take a year or more and sometimes several years if they go to trial. Insurance negotiations, court schedules, and discovery processes all affect timing.
Many wrongful death attorneys work on a contingency-fee basis - they get paid a percentage of the recovery only if you win or settle. This arrangement makes legal representation accessible to families who cannot pay upfront fees. Contingency rates and fee arrangements vary, so it is important to discuss fee structure, costs advanced by the firm, and how settlement proceeds will be allocated before signing an agreement.
Several local and state resources can assist families pursuing wrongful death claims or seeking related information. The Clark County Coroner or Medical Examiner can be a source for official cause-of-death findings. Local law-enforcement agencies provide accident and incident reports. The Nevada State Bar offers lawyer referral services and information on choosing an attorney. The Nevada Division of Insurance can explain insurance rules and complaint processes. For workplace fatalities, federal and state occupational safety agencies investigate workplace hazards. Victim-witness services from the county or state often provide emotional support and guidance. If the case involves medical errors, the Nevada State Board of Medical Examiners accepts complaints and maintains professional oversight. For legal help if you cannot afford private counsel, consider local legal aid organizations and fee-waiver programs that assist with civil matters.
If you believe you have a wrongful death claim in Las Vegas, consider the following steps:
Obtain and preserve basic documents - death certificate, police or coroner reports, medical records, bills and receipts for funeral and medical expenses, and any insurance information you can find.
Document what you know - names and contact information for witnesses, photographs of the scene or vehicles, and a written timeline of events as you remember them.
Avoid signing releases, statements, or settlement agreements with insurers or potential defendants before consulting a lawyer. Early documents can affect your legal rights.
Contact an experienced wrongful death attorney promptly for an initial consultation. Ask about their experience with similar cases, fee structure, expected timeline, and what evidence or documents you should gather. A lawyer can also explain deadlines and any necessary steps to preserve your right to sue.
Consider preserving electronic evidence - if relevant, request preservation of surveillance footage, vehicle event data, security logs, or phone records through your attorney.
Make practical arrangements for family needs - locate support services, counseling, and resources for dealing with funeral planning and short-term financial issues while legal matters move forward.
Finally, keep detailed records of all expenses, communications, and losses related to the death. Accurate documentation strengthens a wrongful death claim and helps your legal counsel pursue full and fair compensation on behalf of you and your family.
