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 extremely substantial damages against the person(s) or company that caused or contributed to their death.
The Nevada Revised Statutes set forth specific provisions that protect the rights of the decedent’s heirs. 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.
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 actual 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. The State of California later spent more than $50,000,000.00 upgrading and replacing hundreds of other BCTs along Highway 101, saving countless lives in the process.
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 during 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.
In yet another case Mr. Achrem accepted, a woman who was using a 4-post walker had been waiting to cross the street at Charleston Boulevard and U.S. 95. While she was standing on the curb, an 18-wheeler with a “wide load” sign on the back turned in front of her to enter the freeway. Because the vehicle was too close to the curb while the driver was turning the wheel, the rear portion of the 18-wheeler struck the woman, dragging her body and the 4-post walker with it. The driver was later arrested for fleeing the scene of the accident. Mr. Achrem later obtained a confidential, policy limit sum for the deceased woman’s husband and children.
Edward J. Achrem & Associates has been litigating serious injury cases for more than 43 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.