If you or a family member know someone who has experienced a wrongful death, or who was killed in a motor vehicle collision, you should contact our office right away. The deceased person and all of his or her heirs are potentially entitled to recover substantial damages against the person(s) or company that caused their death.
The Nevada Revised Statutes set forth specific provisions that protect the rights of the decedent’s heirs and if you fail to act within the required time constraints under those rules, you could be barred from any recovery related to the loss of your loved one due to wrongful death.
To provide a better understanding of the laws governing wrongful death cases in Nevada, please refer to the section below. Please note this is for general information purposes only and does not constitute any legal advice on the part of our firm.
NRS 41.085 Heirs and personal representatives may maintain action.
“When the death of any person, whether or not a minor, is caused by the wrongful act or neglect of another, the heirs of the decedent and the personal representatives of the decedent may each maintain an action for damages against the person who caused the death, or if the wrongdoer is dead, against the wrongdoer’s personal representatives, whether the wrongdoer died before or after the death of the person injured by the wrongdoer. If any other person is responsible for the wrongful act or neglect, or if the wrong-doer is employed by another person who is responsible for the wrongdoer’s conduct, the action may be maintained against that other person, or if the other person is dead, against the other person’s personal representatives.”
In a wrongful death case Mr. Achrem tried in Santa Maria, California, the decedent had been driving at the posted speed limit along Highway 101, heading home to spend her one year anniversary with her husband, who was waiting for her. Along the way, another car bumped into the rear end of her vehicle, causing it to rotate and strike a “breakaway cable terminal” along the side of the road. Because Cal Trans had failed to drill the required hole in the wood through which steel cable was attached, instead of the wood breaking and cable stretching out to slow her vehicle down, it speared and vaulted her car, causing it to land upside down, where she died. The jury returned a unanimous, multi million dollar judgment, which was one of the largest verdicts in Santa Maria history.
In another wrongful death case Mr. Achrem handled in Las Vegas, Nevada, the decedent was a passenger in a vehicle her friend was driving. As they were heading home from college, their vehicle was struck by an 18-wheeler whose driver had been engaged in a speed contest with another vehicle. When the truck struck the girls’ vehicle, it went out of control and crashed into a large tree. Both girls died instantly. Mr. Achrem later obtained a multi-million dollar wrongful death settlement, which was given to the decedent’s mother, who was her only heir.
Achrem & Associates has been litigating serious injury cases for more than 40 years and we have the skills and resources necessary to help our clients in even the most complicated cases.
Call (702) 734-3936 today for a free consultation. If you’re outside Nevada, call us at (888) 734-6789.