Experienced Wrongful Death Attorneys in Las Vegas
For many of us, one of the worst things we can possibly imagine is the loss of a loved one before their time. Tragic accidents and deaths can happen in all sorts of ways, but the most difficult situation is when your loved one dies due to someone else’s reckless behavior or malicious actions. Loss is hard enough. With a wrongful death, the grief also comes with overwhelming anger, rage, and helplessness. If a person has somehow caused the untimely death of someone you love, you have ways to seek justice. At Gazda and Tadayon, we are one of the most trusted wrongful death attorneys in Las Vegas. We fight relentlessly to get you the compensation and support you deserve. We have dealt with hundreds of wrongful death cases, and we know they can be some of the most complicated and painful. Let us help you pursue decisive and strategic legal action, so you can focus on your recovery and self-care.
Wrongful Death in Nevada
Because of the fast-paced, often frantic nature of our city, Las Vegas unfortunately sees a high rate of wrongful deaths. To define the term, a wrongful death occurs when a person dies at the hands of one or more people, either by:
- negligent behavior (indicating a lack of foresight, or an accident) or,
- by intentional conduct or actions (indicating criminal intent)
In order for the death to be declared wrongful, the actions of the other party must be determined to be primarily negligent or intentional leading up to the death. For example, if there was murderous intent, the perpetrator could be sued for wrongful death of the victim. However, if the death was caused in self-defense, it may not qualify as a wrongful death.
In any case, you should speak to your lawyer as soon as possible regarding a possible case, as Nevada state law on wrongful death has a statute of limitations. This means that cases can only be brought forth for a particular length of time after the death, and in Nevada that time limit is 2 years.
In the event of a wrongful death case, the deceased person’s spouse and minor children are entitled to file a lawsuit. Surviving family members may also be qualified to file on behalf of the wrongful death victim. Due to the nature of these cases, the legal proceedings can be complicated and difficult, but this legal battle is one of the surefire ways to secure financial compensation for your loved one and your family.
Types of Wrongful Death
Over our 50 years of combined experience in personal injury law, we have seen the whole range of wrongful death cases. For example if a company such as those in the pharmaceutical, automotive, or tire industries chooses profits over customer safety and a fatality occurs because of their negligence, a wrongful death lawsuit can and should be filed. Some of the most common we encounter in Las Vegas are:
- Traffic accidents
- Medical malpractice
- Product liability
- Premises liability
Each type of wrongful death case has a different set of expectations regarding the fault that needs to be proven, the parties that can be held responsible for the death, and the nature of the compensation. It’s important to determine which type, if any, your wrongful death suit may fall into.
Traffic accidents make up a high percentage of the wrongful death cases we see in Las Vegas. These types of cases occur when a person dies due to the negligent behavior of another driver. The highest number come from car accident injuries but they also include motorcycle accidents, public transportation accidents, bicycle accidents, and pedestrian accidents.
Negligent driving can include:
- Distracted driving
- Texting while driving
- Drunk driving / driving under the influence (DUI)
- General disregard for traffic laws
Many wrongful death victims die in the crash or soon after, but in some cases a wrongful death can be caused when the victim dies later, either as a direct or indirect result of their injuries.
Everyone wants the products they buy to be 100% safe and extensively tested by the manufacturers, but this is not often the case. Unfortunately, defective products cause a significant number of untimely deaths each year. Statistics on product liability are governed by the Consumer Product Safety Commission in the US. Some common culprits of product liability include:
- Automobiles and auto parts, such as defective brakes and airbags
- Consumables, such as tainted food in violation of health code
- Toxic substances, such as lead based paints
- Medications, such as those with irreversible side effects
These are just some of the most common products associated with product liability injury in Nevada, but almost any product can potentially cause the unexpected and unlawful death of a consumer.
People have the right to a safe environment in which to live, work, and play. A lawsuit can be brought against a person or company that fails to uphold safe conditions in their place of business, also called premises liability in Nevada. This can include:
- a landlord who fails to maintain a property’s safety;
- the owner of a public or common area who fails to provide adequate security
- a business owner who forces employees to work in unsafe conditions
The owner or manager of any property can be held liable for any fatalities that occur on site, both due to the physical nature of the space such as the terrain and weather conditions, but also for any objects like power tools, heavy machinery, or other equipment that may not have been properly maintained.
Because of the huge variety and individual nature of wrongful death incidents, it’s important to speak to a personal injury attorney to determine the next steps in your case.
When you or a loved one enters the care of a medical professional, they have a duty to the patient and their well-being. A breach of this is called medical malpractice. As patients and their loved ones are beginning to understand their rights, wrongful death lawsuits for medical malpractice are becoming more common. Doctors, such as physicians, surgeons, and other specialists are the most likely to be held liable for these types of cases. These include:
- Improper diagnosis of a terminal illness
- Improper handling of a surgery or medical procedure
- Suicide while under the care of a professional
When the victim has been mistreated by caregivers other than medical professionals, such as in a nursing home or group facility, this is known as a neglect & abuse injury.
Phases of Wrongful Death Lawsuit
The stages of a wrongful death lawsuit vary from case to case, but there is a standard standard pattern these cases usually follow.
The first phase is the filing of the lawsuit. After a lawsuit has been filed, the defendants are notified. They generally have around 30 days to provide a response to the lawsuit. In the response, they can also include an outline of their defense.
The second phase is the discovery period, which is when much of the evidence is collected by both sides. This evidence can include formal dispositions and interviews as well as document exchanges. Keep in mind that insurance companies will attempt to extract information from you that can be used against you in the courtroom.
The third phase are the pre-trial motions are brought before a judge by both sides. Arguments are made during this time regarding the pieces of evidence to be admitted to the trial. Both sides must agree on what can or cannot be shown or presented at trial.
During the actual trial, the liable party may have a trial by jury, or a trial presided over by a judge. Even after a verdict has been reached, the trial is still not over for the defendant. The defendant can choose to appeal the court’s decision and have the case heard by a higher court. If the defendant does decide to appeal, the process can continue for years as the wrongful death case is retried.
Finally, the fifth and last phase is the collection of compensation for damages from the liable party. It may be necessary for the court to seize the at fault person’s assets, including property and savings. However, if the defendant does not have any assets, property or savings, it could be difficult to actually collect the damages.
There are some people who question why someone should file a wrongful death lawsuit. The argument is these cases will not bring back the that they have lost. However, a successful lawsuit can provide the financial security and compensation that you may be lacking as a result of the personal loss.
Wrongful death cases are among the most complex and challenging. You want a confident, experienced personal injury attorney to help guide you through the process and secure the maximum return from the claim. Choose a wrongful death law firm who can meet with you as soon as possible, because time is of the essence for these cases. Nevada state law limits the amount of time after an accident that an injured victim can file for damages and claim compensation. Contact us today to assess your individual case in a timely manner.
Experienced Wrongful Death Attorneys in Las Vegas
With over 50 years of combined experience, we’ve seen it all at Gazda and Tadayon. We specialize in personal injury law, particularly in wrongful death lawsuits in Southern Nevada. Over the years, we’ve accumulated some extensive knowledge of the injuries and treatments involved in each case, allowing us to more effectively represent you and your best interests. We have dealt with many wrongful death cases before to great success, since we know what it takes to win.
We also understand that your legal battles are just one part of our journey to healing. Our friendly staff is there to make the proceedings as smooth and comfortable as possible, and we help our clients consult with medical experts to determine the care they need.
We work closely with the surviving family members to ensure that they’re on the right track, and to help hold the responsible party accountable for their actions. Oftentimes, families pursue wrongful death lawsuits to ensure the same thing doesn’t happen again, and to make sure fatalities are not repeated. Not only is a wrongful death claim honoring your loved one, but it is protecting the safety of others.
Gazda and Tadayon are wrongful death lawyers who truly care about your personal and legal success. Our peers and clients trust us to call the shots: let us help you win the compensation you deserve.
A Proven Record Of Success
The attorneys of Gazda and Tadayon have been recognized by the Multi-Million Dollar Advocates Forum for winning millions in compensation for our clients. Our ethical standards have also been highlighted by the law directory Martindale-Hubbard. When you work with Gazda and Tadayon on your motorcycle accident case, you will receive proven representation with full integrity.
To get started, schedule a free consultation for a wrongful death claim, or read what our clients have to say on our Gazda and Tadayon reviews page. You can also visit us in person. We’re conveniently located in Las Vegas at 2600 S Rainbow Boulevard, Suite 200.
GAZDA & TADAYON INJURY LAW PRACTICE AREAS
Wrongful Death FAQs
In many states, an offended party may not recoup correctional harms in a wrongful death action. There are a few states, in any case, that do have explicit statues that permit recovery of punitive damages.
Yes, regardless of whether the decedent never held work, he/she may have contributed in some other route to the family. A genuine case of such a case is an activity for the unfair demise of a stay-at-home spouse or wife who contributes administrations, direction and supporting of the family. These commitments are quantifiable as”pecuniary losses” in a wrongful death action.
Many states require that a child be born alive in order for its death to be the subject of a wrongful death action, so the death of a fetus might not be actionable. An attorney can tell you what the precise law is in your state.
Yes, you can recoup damagesin an illegitimate passing reason for activity for the demise of either a youngster or an old individual. For an assortment of reasons, be that as it may, the harm grants for the two classes of decedent are normally unobtrusive.
A criminal case arises when the government seeks to punish an individual for an act that has been classified as a crime. A civil case, on the other hand, usually has to do with a dispute over the rights and duties that individuals and organizations legally owe to each other. The burden of proof is higher in a criminal case, and the penalty imposed is a criminal sanction such as imprisonment. In a civil case, the defendant will typically have a monetary judgment entered against him/her.