The loss of a loved one is always painful, but the grief is compounded when someone else’s negligence is to blame. If this happened to a member of your family, contact one of our wrongful death attorneys in Las Vegas to discuss your options for pursuing compensation.
At Maier Gutierrez & Associates, we have decades of combined experience helping accident victims and their families navigate the legal system. Call us today at 702-629-7900 to schedule a free consultation.
Common Causes of Wrongful Death
The most common causes of wrongful death in Las Vegas include the following:
- Motor-vehicle accidents
- Bicycle accidents
- Birth injuries
- Pedestrian accidents
- Construction accidents
- Struck-by or stuck in between accidents
- Slip and fall incidents
- Medical malpractice
- Defective or malfunctioning products
- Criminal activity
- Exposure during the course of employment to hazardous chemicals, conditions, or substances
- Death during an activity that was supervised
Elements to Prove in a Wrongful Death Case
In order to be successful in a wrongful death claim, the plaintiff must be able to prove the following four elements:
- The victim has died
- Their death was caused by the negligence or intentional wrongdoing of the defendant (unless strict liability applies)
- The plaintiff in the case is eligible to bring the claim
- The types of damages incurred and their value
Vital Evidence That Can Help Prove a Wrongful Death Claim
A Las Vegas wrongful death attorney will work to secure all the evidence surrounding the death of your loved one. The following types of evidence may help your wrongful death claim succeed:
- Medical records
- Surveillance footage from cameras
- Expert testimony from an accident reconstructionist
- Testimony from an eyewitness of the accident
- Written or recorded statements made by the defendant
Mistakes to Avoid After a Wrongful Death
It can be very difficult to cope with the loss of a loved one. The pain and suffering as well as the administrative concerns can turn family members against one another. Be sure you avoid making the following mistakes during your claim:
Fighting with Your Family
You need to pull together as a family in a wrongful death case. Put your differences aside and unite as a single unit that is looking out for each other’s best interests.
Making a Public Statement
One of the worst things you can do following the death of a loved one is to make a public statement. Public statements often occur when the death happened publicly and is covered by the news media. Do not speak to reporters or issue any type of statement about the incident that caused your loved one’s death. Your words can easily be used against you by the defendant’s attorney.
Public statements also include using social media. You should never post on your social media accounts about the incident. Sharing your loved one’s obituary might be acceptable, but otherwise commenting about the incident could wind up hurting your case. Avoid posting pictures from the scene of the incident or any other type of content that can harm the case.
Speaking with the Insurance Company
Avoid talking to the insurance adjuster. The insurance company will work to settle the case as soon as possible for as little as possible. Talking to an adjuster can be detrimental to your case. Talk to a Las Vegas wrongful death attorney before speaking with anyone else about the case.
Steps to Take If You Believe You Have a Wrongful Death Case
If you believe that you have a wrongful death case, you should take the following steps in an effort to protect the claim:
- Request copies of records related to the death of your loved one, including the police report and medical records
- If necessary, request an autopsy of your loved one
- Write down the names, phone numbers, and email addresses of everyone who witnessed the accident that caused the death of your loved one
- Take pictures of the accident scene (if possible), including pictures of property damage, injuries, and other evidence
- Investigate the cause of death to determine if others have occurred because of a defective product or another reason
- Call a Las Vegas wrongful death lawyer to schedule a consultation
Call a Las Vegas Wrongful Death Attorney Today
Did you suffer the unthinkable loss of a loved one due to another person or company’s negligence? Call the office of Maier Gutierrez & Associates at 702-629-7900 or submit our contact form to schedule a free consultation today.