WHAT IS WRONGFUL DEATH?

WHAT IS WRONGFUL DEATH?

Las Vegas Wrongful Death Lawyers

The Ins & Outs of Nevada Wrongful Death Claims

When a person loses their life due to the negligent behaviors of another, they are just as entitled to monetary compensation and legal address as any other injury victim. Unfortunately, they are in no way able to fight against the wrongs that led to their fatality. Therefore, a wrongful death claim can be made by family members who have lost a loved one due to someone else's immoral or unlawful behaviors.

A family can seek retribution against the person who killed their loved one by bringing a wrongful death claim case. Even if the person at fault is already being persecuted in the criminal courts for murder or manslaughter, there is still room for a civil lawsuit involving a wrongful death claim. When a fatality results from a company rather than an individual, the only recourse that can be taken is to file a wrongful death claim.

Wrongful death claims are brought by civil action when the deceased's loved ones are attempting to be compensated for death-related expenses. These may include the financial strain that may be put on the family due to lost income, medical expenses that the family has been left with, or grievance and bereavement compensations. In a wrongful death case, the standard of proof is the preponderance of the evidence. This means, instead of the defendant being innocent until proven guilty, the burden of proof is on them to prove that they did not, in fact, cause the death.

Victims of serious injuries, such as brain or burn injuries, are able to do something that wrongful death victims do not: the ability to file a personal injury claim on their own behalf.

What Qualifies as Wrongful Death?

The simplest way to define wrongful death is when a person’s negligence or intentional acts cause the death of another. There are laws to provide a civil avenue for those suffering the loss of a loved one in such situations. Every state has different statutes on wrongful death claims, including how long after the death a survivor can file a claim, who can file a claim, and what type of damages can be awarded.

While wrongful death can be broad, it does not cover just any kind of incident that causes the death of another. The negligent or reckless behavior of another must have led to the tragedy. This can include a variety of incidents, with some incidents being much more obvious than others.

For example, the following could qualify as wrongful death claims:

• Car accidents caused by drunk driving, texting, or other issues

• Workplace accidents caused by lack of training or supervision

• Assault, attacks, or other criminal actions that led to the death of another

• Malpractice by a doctor who failed to identify or treat an ailment correctly

• Drowning accidents due to property damage/premises liability

• Defective products or drugs that caused the user to suffer death

Examples of Nevada Wrongful Death Claims

Individuals can bring forward wrongful death claims in a wide variety of situations.

Two of the most common ones involve the following:

Motor Vehicle Accidents 

If someone was killed in a car crash because another driver ran a red light, a wrongful death claim might be able to be brought against the driver who violated traffic laws. If, in this same accident, the vehicle’s airbag was defective and failed to deploy, an auto product liability claim may also be brought against the manufacturer of the airbag and vehicle. It is essential to consult with a qualified attorney regarding your unique situation as multiple parties may be responsible.

Work Accidents 

Suppose a person was killed while on the job, that person’s family may be able to pursue a wrongful death claim against the responsible party in addition to a workers’ compensation claim. For example, if a company failed to maintain equipment in a factory and that failure was responsible for an accident that killed a contract worker. In that case, a wrongful death claim may be brought against the company.

Who Can File a Wrongful Death Lawsuit in Nevada?

Losing a loved one is difficult for anyone, but when that loss is the result of the negligence of another party, the devastation can be that much more difficult to bear. If you have lost a loved one in an accident caused by another party, you may be able to bring a wrongful death claim against that individual or company. Laws vary from state to state regarding who is eligible to file a wrongful death claim on behalf of the deceased, but close family members often bring forth wrongful death claims. For example, in Texas, eligible beneficiaries of a wrongful death claim include spouses, children, and parents of unmarried children.

In most cases, the following individuals are eligible to file a wrongful death lawsuit:

• Children

• Parents

• Siblings

• Spouses

• Life partners

• Any other dependents

Children and spouses are given the primary right to file a wrongful death claim. This means a parent, sibling, or another relative will likely not be able to file a claim if children or a spouse is pursuing one, as immediate family members are typically considered the primary dependents of an individual. To determine if you are eligible to file a wrongful death claim, you should consult with a lawyer about the circumstances of your case.

It is important to note that a statute of limitations exists in cases of wrongful death claims. This means that there is a time limit for how long you can wait before filing a wrongful death claim, so you must act quickly when addressing these issues if you and your loved ones wish to receive accurate compensation. It is essential to speak to a lawyer to make sure all of your rights are protected in matters like this.

To learn about filing for wrongful death in Nevada, visit Nevada Revised Statute 41.085.

What Damages Are Recoverable in a Nevada Wrongful Death Claim

While no amount of money will bring back your loved one, a person filing a wrongful death claim may be able to recover financial compensation for three general types of damages depending on the applicable laws of the state where the lawsuit is filed.

Economic Damages – Economic damages include things such as funeral and medical expenses related to the death, loss of the deceased’s future earnings, and loss of the deceased’s future benefits.

Non-Economic Damages – Non-economic damages are things that have less tangible value. This includes pain and suffering, mental anguish, loss of inheritance, and loss of consortium.

Punitive Damages – Punitive damages are sometimes awarded in addition to economic and non-economic damages as a way of punishing the responsible party for willful or grossly negligent acts.

Evidence That Qualifies a Wrongful Death Suit

To bring a suit forward, you must have substantial evidence. In wrongful death cases, there are some critical elements involved that can help you prove the validity of your claim. This includes the fact that the responsible party owed your loved one a duty of care, breached that duty of care, and as a result, caused their death. In cases involving criminal actions, the intent will likely need to be proven or demonstrated. This can require extensive evidence, witness testimony, expert opinions, thorough legal investigation, and much more.

Contact Our Las Vegas Attorneys for a Free Consultation: (888) 424-2736

If you have recently lost someone you love in such an accident, we encourage you to contact us immediately. Whether the incident involved a motor vehicle crash or the use of a defective drug, we have the experience you need to investigate your claim and take the necessary legal steps properly.