What Makes a Fatal Accident a Wrongful Death in Nevada?
A fatal car accident leaves behind families, unanswered questions, and emotional pain. When that death happens because someone else acted carelessly or violated traffic laws, the accident may become a wrongful death case. At THE702FIRM Injury Attorneys, we support families in Las Vegas and across Nevada who are asking when it’s time to pursue a wrongful death lawsuit.
Many people aren’t sure how the legal process works or what makes a fatal accident legally different from a tragic loss. The difference often lies in the law’s definition of negligence. If someone’s careless or reckless actions directly caused another person’s death, the surviving family members may have the right to seek justice and compensation.
Our wrongful death lawyers explain what turns an accident into a wrongful death claim, who can take legal action, how compensation works, and how THE702FIRM Injury Attorneys helps you take the next steps. Every situation is unique, but no family should have to face the loss of a loved one without support or a path toward accountability.
How THE702FIRM Injury Attorneys Help Surviving Families
Our law firm supports families from the first phone call to the final check. We help people understand their legal rights, gather important documents, and communicate with insurance companies. We also look at the long-term picture. That includes:
- Lost earnings
- Lost household services
- Emotional effects of a death on surviving family members
We use this information to build a claim that reflects the full impact of the loss.
Because no two cases are the same, we meet personally with clients to address their questions and provide guidance. Whether the case involves a fatal car or motor vehicle accident or other tragedy, we stay focused on results. We offer a free consultation, allowing you to speak with our wrongful death lawyer without any pressure or cost.
When Does a Fatal Accident Become Wrongful Death?
Not every fatal accident leads to a wrongful death lawsuit. For the court to allow a case, four things must be present.
- Someone must have had a legal duty to act safely, such as a driver following traffic laws.
- The at-fault person must have failed to meet that duty, for example, through distracted driving, speeding, or running a red light.
- The failure must have directly caused the person’s death. This is called causation. If the death had not happened but for the other person’s behavior, that person would be legally responsible.
- There must be real losses, such as medical bills, funeral costs, or lost income, for the family to qualify.
Once all four parts are there, a fatal accident can become a valid wrongful death claim. These rules apply to all types of accidents, including car crashes, unsafe conditions, motor vehicle accidents, and workplace injuries. THE702FIRM Injury Attorneys determines whether your case meets these legal requirements. If it does, we’ll help you move forward with confidence and clear information.
Who Can File a Wrongful Death Claim?
Only certain people are allowed to file a wrongful death claim. This rule protects the legal process and makes sure the case is handled by those closest to the victim. In most situations, the surviving spouse or registered domestic partner can bring the case to court. If the deceased had children, they may also have that right.
In Nevada, if the victim has no spouse or children, the next in line may be parents or siblings. The law also allows a personal representative, often named in a will or appointed by the court, to take legal action on behalf of the entire estate. This person acts on behalf of all possible heirs.
Surviving family members may also benefit from any compensation, even if they didn’t file the case themselves. These can include stepchildren or anyone who relied on the deceased person’s financial support.
If you’re unsure about your role or rights, THE702FIRM Injury Attorneys can explain your options during a free consultation. We ensure that the correct person brings the claim and that all family members are treated fairly throughout the process.
Common Scenarios That Lead to Wrongful Death
A wrongful death lawsuit can result from many different types of accidents. The most common is a fatal car accident. This includes accidents caused by:
- Reckless driving
- Speeding
- Drunk driving
- Violating traffic laws
- Fatigued driving
- Poor visibility
- Inclement weather
Other examples include medical malpractice, where a doctor fails to diagnose a condition or makes a surgical error. In these cases, hospitals or doctors may be held liable for the person’s death. Unsafe work environments also lead to claims, especially in construction or industrial settings.
Sometimes, wrongful death comes from intentional actions, like assault. These can involve both criminal charges and civil lawsuits. A civil case helps families seek compensation even if the criminal court doesn’t result in a conviction.
Other examples of situations that might be classified as a wrongful death in Nevada include:
- A person dies after using a product that was contaminated with a known carcinogen during production.
- A child dies after falling off a bookshelf after a caregiver at his or her daycare facility left them alone for an hour.
- A mother dies shortly after giving birth because her doctor tried to perform a C-section while under the influence of alcohol or drugs.
- A neighbor dies from injuries suffered in an attack by another resident’s wandering dog.
At THE702FIRM Injury Attorneys, we’ve seen how many of these cases affect families beyond finances. Our team works to uncover the whole story and show how the defendant’s actions caused lasting harm.
Types of Damages for Wrongful Death
A variety of special damages are typically available in wrongful death suits to help cover the claimant’s losses, including:
- Funeral costs and other burial expenses
- Lost parental support
- The deceased person’s medical expenses
- Loss of consortium or companionship
- Pain and suffering
- Loss of the deceased victim’s income
- Property damages
- Loss of household services that the deceased provided, like yardwork, repairs, or cleaning
Wrongful death claimants might also have the option to seek punitive damages against the at-fault party. These types of damages are meant to send a message to defendants by penalizing them for particularly reckless actions and to deter others from behaving similarly.
There is a time limit to file a claim for wrongful death in Nevada. The statute of limitations is two years from the date of your loved one’s death. Failure to file on time may result in your claim being dismissed, with limited exceptions.
The Legal Process for Pursuing a Wrongful Death Claim
The legal process starts when you contact a lawyer for a free consultation. From there, we begin an investigation. We gather:
- Medical records
- Police reports
- Witness statements
- Insurance policies
Once enough information is collected, we file the lawsuit. This names the defendant and explains how their negligent actions caused the victim’s death. The other side is then allowed to respond. Next comes the discovery phase, during which both sides exchange documents and evidence.
Most cases settle without going to trial. We use this time to seek compensation through negotiation. But if the offer is too low or the responsible party denies fault, we prepare for court. At trial, we present the case using expert testimony, video evidence, and written documentation.
After a win or settlement, we help with collecting the money owed. This includes setting up fair distributions for family members and covering final expenses. The process takes time, but our role is to make it as smooth and stress-free as possible for you.
Call THE702FIRM Injury Attorneys to Help You with Wrongful Death Claims
Knowing when a fatal accident becomes wrongful death can make a difference for families seeking accountability. If someone else’s negligence or reckless behavior caused your loved one’s death, you may be able to take legal action. You deserve answers and the chance to move forward with support.
At THE702FIRM Injury Attorneys, we help clients understand their legal options and walk them through the wrongful death claim process. We build every case carefully, using facts and evidence, not guesswork. From a fatal car accident to other tragic events, we’re here to stand with you.
We always tell clients we’re sorry that they need us, but are ready to fight for justice for what they’ve lost. If you’ve lost someone and don’t know where to begin, call us at (702) 478-2266 or schedule a free and confidential consultation. We’ll help you figure out what your case is worth and how to hold the responsible party accountable.