The loss of a loved one is an indescribable event that changes your life and the lives of everyone who knows your loved one. Accidents occur daily, but the severity and cause of the accident can often be traced back to the actions of an individual or a business. People can make mistakes like misdiagnosing an illness or looking at their phone while driving.
However, if this mistake results in the death of another person, they should be held accountable for their actions. If you have lost a loved one in an accident, you may be entitled to damages against the responsible party. Talk to a Las Vegas wrongful death attorney at De Castroverde Law Group – Accident & Injury today to discuss your options.
Wrongful death results when one person’s actions lead to the death of another person. Each claim can also be based on either an intentional action, negligent action, or strict liability claims for dangerous products.
These actions often take the form of negligent behavior and can include the following:
Distracted driving has become more prevalent with the advent of cell phones and other devices. It can take mere seconds to lose control of your car while texting or talking on the phone. These distractions can cause the driver to hit another vehicle, drive off the road, or even lead to death.
Similarly, drunk drivers have caused thousands of preventable deaths every year. People under the influence of alcohol or drugs can cause accidents that result in wrongful death.
If a doctor or other medical professional fails to provide proper care for your loved one and it led to their death, you could sue for compensation. Family members typically file this type of lawsuit on behalf of the deceased person.
Every wrongful death claim must involve careful research into the facts of the accident, including the individual or company’s actions leading up to the action and the accident itself. Fortunately, a Las Vegas personal injury lawyer from our firm can help.
As a surviving spouse or another close family member, you are entitled to file a wrongful death lawsuit after the devastating loss of your loved one. A claim for damages may include both actual damages (such as the cost of medical care and funeral expenses) and general damages (loss of consortium and emotional distress). A personal injury lawyer in Las Vegas can assist you in calculating the total amount of damages.
Nevada is a modified comparative negligence state, which means that a victim’s actions may decrease the number of damages you are entitled to or may even negate the ability to bring a claim for damages. An attorney from our firm can help if you believe your loved one’s actions played a role in the accident. The court will determine the percentage of fault by the victim and will reduce the damages accordingly.
However, if the court determines that the victim’s actions are more than 50 percent the reason for the accident, your claim will not proceed. It is important to carefully consider these options before bringing a claim to determine the true liability of the accident.
The person or entity responsible for the accident that led to your loved one’s death may be liable for your damages. The following parties may be responsible:
A wrongful death claim is similar to a personal injury claim and is filed in the courts by a personal representative. The first step in filing a wrongful death claim is to determine whether you have a valid claim. A Nevada personal injury lawyer can guide you through this process and answer all of your questions along the way. A wrongful death claim can only be filed when an individual dies due to negligence. Some common reasons for a wrongful death claim can include:
Next, you will need to gather documentation about your loved one’s injuries leading up to his or her passing and about their medical care after suffering those injuries. You may also need information regarding who was responsible for their care at the time they suffered these injuries and all information related to what happened leading up to recoverable damages.
If your claim goes forward and you win, you will be awarded damages by the court. This means that the court will award you money as compensation for your loss. The amount of money awarded will vary depending on the recoverable damages.
If you are the individual filing a wrongful death claim, such as a surviving spouse, you can pursue items that include:
If the deceased’s estate representative files the wrongful death claim, they can pursue compensation for the following:
You should also be aware that there are strict time limits when filing wrongful death claims in Nevada. A wrongful death lawyer in Las Vegas can help you understand the state’s statute of limitations.
Every state has strict limitations on how much time families and estates have to file a wrongful death claim. In the state of Nevada, the statute of limitations (NRS § 11.190(4)(e)) is two years. This means the claim must be filed within two years of the victim’s death.
If the claim is not filed with the courts within that two-year limitation, the defendant can file a motion to dismiss, and the court will most likely grant that request.
There are many ways a Las Vegas lawyer can help with your wrongful death lawsuit, including:
Our team of lawyers can conduct a thorough investigation into your loved one’s death. We can work closely with authorities to determine exactly what happened and whether criminal charges are warranted.
Our attorneys can explain your legal rights and options so that you can make an informed decision about how best to proceed with your case. We can also explain what evidence we need from you to build a strong case against those responsible for your loved one’s death.
Once we understand all the facts surrounding your case, we can help you seek financial compensation for medical bills incurred, funeral costs, lost wages, loss of companionship, and other non-economic losses.
In many cases, the insurance company will settle before trial. In this case, the wrongful death lawyer in Las Vegas negotiates with the insurance company to settle for a certain amount of money before trial.
Many factors affect the settlement value of a case, including how much liability the defendant has admitted and how much evidence there is against them. The more evidence you have and/or the more liability your client has admitted, the more likely it will be for them to settle your case early on litigation. If not, you will then have to go through a full-blown trial which can take longer.
In some cases, the defendant may be found not liable for damages or responsible only for a limited amount of damages. This happens if there is no evidence that negligence caused the death of your loved one. It’s also possible that if you do not have enough evidence to prove negligence, you may not recover damages at all.
Wrongful death cases are often time-consuming and expensive. First, an attorney will need to determine how much insurance coverage (if any) is available to cover the damages. In some wrongful death claims, there may be multiple claimants, each with separate counsel – especially if the deceased has a large family.
If liability insurance coverage is high enough, the expenses of the attorney can be justified. However, if there is limited coverage or limited assets, a Las Vegas personal injury lawyer may need to pursue the individual or entity in litigation to obtain a judgment against their assets. It is important to realize that criminal charges have nothing to do with civil actions in a wrongful death claim. A person can still be found innocent in a criminal court and held liable in civil court and vice-versa.
If you have experienced the devastating loss of a loved one, you understand how big a hole their absence leaves in your life. Our attorneys at De Castroverde Law Group can help you work through this difficult time and ensure that the responsible parties are held liable. The loss of your loved one can leave a deep emotional scar. However, a personal injury claim may bring a sense of closure to the accident. Contact our Las Vegas office today for your initial free consultation.
De Castroverde Accident & Injury Lawyers has expertise across a variety of personal injury cases, including:
An experienced car accident attorney can help you understand the legal aspects of your crash and make certain you get the compensation you deserve.
Our attorneys have years of experience in handling slip and fall cases and will work carefully with you throughout your claim.
Wrongful death actions result when one person’s actions lead to the death of another person. These cases are often time-consuming and expensive.
Although you can file your insurance claim on your own, the other party’s insurance company is likely to offer you a settlement that is below the true value of your claim.
Heirs and personal representatives can file a wrongful death claim against the responsible party or parties. An “heir” is considered anyone that will inherit from the decedent if the decedent did not have an estate plan established. This typically includes individuals such as the spouse/domestic partner, surviving children, surviving parents, or siblings of the deceased. The laws of intestate succession NRS 134.030-NRS 134.210 govern which individuals can legally file a wrongful death suit.