Wrongful Death Attorneys

A wrongful death occurs when a person loses their life due to the negligent, accidental or intentional acts or omissions of another person. The death can be the result of many types of incidents or accidents including a traffic collision (pedestrian, bicycle, motorcycle, car, truck, train, airplane, boat), a dog attack, nursing home abuse, product defects, work place safety violations or a slip and falls. When a wrongful death occurs, the decedent’s heirs, family members and other specified beneficiaries may have grounds to file a wrongful death claim against the person at fault for the death.

The West Seegmiller Attorneys has been handling case of wrongful death in Las Vegas, Nevada for 30 years. Our expert trial lawyers including founder West Seegmiller have a wealth of experience in this area of the law. Our expert legal team is compassionate with our clients, but our attorneys are aggressive in the courtroom and work tirelessly to settle lawsuits against negligent defendants responsible for the loss of our client’s loved ones.

So What Exactly is a Wrongful Death?
It is a Tort action found under Nevada Civil Code 1708, “Every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his rights.”

A tort action for wrongful death can be either 1) intentional 2) negligence (not intentional) or 3) strict liability

  • Intentional – A wrongful death lawsuit brought against a party under an intentional tort would have to prove that the defendant knew his actions would cause injury or death, but he or she willfully or recklessly disregarded safety. Also, as a result of the defendant’s actions, another person was killed.
  • Negligence – This involves a defendant whose careless acts hurt another person, but they didn’t set out to hurt them rather it was an unintended consequence of their bad behavior. Some examples are a driver who falls asleep at the wheel or a homeowner who fails to enclose a swimming pool.
  • Strict liability – This is imposed on some defendants regardless of how careful they were or their degree of fault because they are engaged in very hazardous or activities that are inherently dangerous to others such as owning vicious animals, storing explosives or dangerous chemicals.

Why Do People File Wrongful Death Lawsuits?
The Nevada legislature created wrongful death statutes to provide financial support to the widows and orphans of people killed by another person’s actions. Criminal charges are a separate charge and its outcome against a defendant does not preclude a family member from filing a wrongful death lawsuit against that same defendant if they are freed. One famous example was the case of O.J. Simpson who was charged with murdering his wife Nicole Brown. Simpson was acquitted of the murder charges, but Brown’s family was successful in its civil suit against Simpson with a Nevada wrongful death claim.

When to File a Wrongful Death Case?
There are strict limitations set under Nevada law that define how much time you have to file this type of lawsuit. Our helpful attorneys and legal staff can answer any of your questions about wrongful death claims in Southern Nevada, Northern Nevada or Nevada.

  • Statutes of Limitation: (Within 2 years for both Las Vegas, Nevada) Under Nevada Code of Civil Procedure Section 335.1 a plaintiff has two years to file a wrongful death claim against a defendant in the case of a death resulting from “an assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.” If a claim is not filed within two years the plaintiff loses the right to file an action.
  • Claims against Government entities (Cities, Counties, State, Federal) Lawsuits filed against the government can vary and can be complicated. Some require 30 to 180 days notice prior to a lawyer filing a lawsuit. Failure to notify a government agency may preclude a plaintiff from the right to sue them. Specialized attorneys who handle wrongful death claims know how to abide by these deadlines, but delaying contacting an attorney can hurt your chances of a wrongful death settlement.

Who Can File a Wrongful Death Claim?
In Las Vegas, Nevada, claims for wrongful death are strictly regulated. The Nevada Code of Civil Procedure Sections 377.60 provides that certain individuals with a relationship to the deceased may file a wrongful death lawsuit based on an order of priority. First on the list are the decedent’s surviving spouse, domestic partner, children and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.

Additionally, others may file a lawsuit if they can prove they were dependent on the decedent at the time of death including the putative spouse, children of the putative spouse, stepchildren, or parents. The “putative spouse” refers to the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid. Also, another potential claimant, is a minor who may not be related to the decedent, but can prove they resided for the previous 180 days in the decedent’s household and was dependent on him or her for at least half or more of the minor’s support.

Compensation for wrongful death can include:

  • Funeral and Burial Expenses
  • Survivor’s Pain and Suffering
  • Loss of Companionship, Care, and Affection
  • Loss of Future Anticipated Earnings
  • Medical Expenses
  • Loss of Benefits to Heirs
  • Punitive Damages
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Dog Bite Attorney

Dog bites are a serious problem that threatens public health and safety. The number of dog bites continues to rise with children and adult males most often suffering injuries. Over 4.5 million Americans are bitten by dogs each year, and one out of five require some form of hospital treatment. In 2006 alone, over 31,000 victims of animal attacks required reconstructive surgery as a result of their injuries. For nearly 30 years we have defended over 25,000 injured clients and a good number of them have been dog bite victims. We know first hand how painful and traumatic a dog attack can be, particularly to young children, who are frequent victims. If you or a family member has been bitten, you may be able to recover damages. It’s important to contact a reputable dog bite attorney to discuss your options.

Dog Bites Are a Serious Problem
Anyone bitten by a dog should be examined by a physician, particularly if the wound is on the face. Bites to the face, especially in children, can result in nerve damage, and fractures of the bone around the eyes, nose, or the jaw. Children should be checked for infections. The nose, mouth, and parotid region is a primary target area for dog bites.

Immediately after a dog attack, the animal’s owner must be identified. If the dog is a stray, then the victim will want to inform the physician, who will make a determination regarding treatment for rabies. Lasting injuries can range from scaring, nerve injury from crush wounds, infections, and emotional injuries. Some dog attack victims have been known to suffer from post traumatic stress disorder, reporting feeling depressed, nervous or fearful.

Any dog is capable of biting if they feel threatened or are egged on. However, certain breeds seem to bite more than others. The CDC reports that 50% of all dog bites were committed by Pit Bulls. Among the other aggressive breeds are German Shepherd, Rottweiler, Mastiff, Akita or Chow, Doberman Pinchers, and Bulldogs.

Protect Your Rights
Your legal right to recover damages for a dog bite depends on where the attack happened. Dog bite laws in Las Vegas, Nevada are very strict, and depending upon the circumstances, a victim can recover compensation from:

  • a negligent person who caused the attack
  • a person who violated a leash law or a law prohibiting dogs from “running at large,” and
  • a person who kept a dog with the knowledge that the dog had a history of injuring people

To protect your rights to recover damages it is vital that you discuss the details of your case with an experienced lawyer. You may be able to recover damages for medical expense, loss of wages, permanent scaring, future loss of wages, disability, or wrongful death. We have offices in Las Vegas Nevada, San Bernardino, Orange County, Los Angeles, and Las Vegas Nevada to better serve your local needs.

What Will It Cost to Hire The West Seegmiller Dog Bite Attorneys?
Once we decide to take you on as a client, we get paid only if we win your case. We charge no upfront fees or costs, and advance all costs to prosecute the case. We only get paid when you get paid. We have Los Angeles dog bite lawyers, Riverside dog bite attorneys, San Bernardino dog bite lawyers, Orange County dog injury lawyers and Las Vegas dog bite attorneys.

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What Is Premises Liability?

Premises Liability Lawyers in Las Vegas, Nevada can help you determine whether you have a case against a property owner for injuries sustained as a result of their negligence. So what exactly is premise liability? Owners of private and public properties can be held legally responsible for accidents and injuries that take place on their land or at their premises. What kinds of incidents are covered by premise liability? Liability claims can include slip and falls on a public sidewalk or privately-owned store, amusement park accidents, swimming pool accidents, explosions, broken glass or other dangerous conditions, defective fixtures and inadequate security at an event.

Under state law, the property owners have a responsibility to maintain their premises so that visitors are not injured. Governments are supposed to maintain public structures, homeowners must keep fences around dangerous conditions such as swimming pools and amusement parks must inspect and maintain rides.

When they fail to keep their properties free of hazards they may be liable to the injured party for premise liability damages. Whether you can file a personal injury claim depends if it can be shown that the property owner was negligent in allowing the hazardous condition to persist.

For nearly 30 years, the West Seegmiller Attorneys has been helping injured clients through the process of establishing the liable party for their premise liability claim. We are AV rated by the top-rated Martindale Hubbell for our attorneys’ superior quality and the highest ethics. The West Seegmiller Attorneys has documented success in helping our clients recover just compensation for their injuries.

Premises Liability Cases
premises liability cases can be difficult to prove, but a qualified personal injury law firm such as The West Seegmiller Attorneys can help you determine if you have a case against a negligent property owner.

In Las Vegas, Nevada, property owners are held liable for those injured on their property if the plaintiff can prove that there was negligence involved.

Under Nevada Civil Code section 1714: “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”

However, in order to win a claim against a negligent property owner, the injured person (plaintiff) must be able to prove to the court that the property owner (defendant) owed them a duty of care; that they breached the duty; and that the breach of duty was the proximate cause of their injuries.

Premises Liability Experience and Results
Were you injured as a result of a hazardous condition on someone’s property? In order to file a claim against a negligent property owner you will need to expertise of an experienced premise liability lawyer. The West Seegmiller Attorneys will do a thorough investigation to clarify the facts surrounding the cause of the injury. In the case of a serious premise injuries, reconstruction experts and investigators could be needed to help determine the exact cause of the accident and the liable parties. In choosing a law firm it’s important to hire one who has the reputation, experience and financial resources to vigorously plead your case. You may be eligible to recover damages for lost wages, future lost wages, medical expenses, and pain and suffering. An experienced premise liability attorney will be able to recover the highest compensation allowed by law.

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