Wrongful death actions result 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:
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.
As a surviving spouse or another close family member, you are entitled to bring a wrongful death claim 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). An experienced personal injury lawyer in Las Vegas will be able to 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 receive, or may even negate the ability to bring a claim for damages. It is therefore important to consult with an attorney 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 prior to bringing a claim, to determine the true liability of the accident.
A wrongful death claim is similar to a personal injury claim and is filed in the courts by a personal representative. The wrongful death claim is only filed when an individual dies due to negligence. Some common reasons for a wrongful death claim can include:
An individual filing a wrongful death claim, such as a surviving spouse, can seek compensation for items that include:
If the decedent’s estate files the wrongful death claim, they can recover compensation for:
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 is two years, meaning the claim must be filed within two years of the decedent’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.
Wrongful death cases are often very 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 decedent 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, an attorney 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, but 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 – Accident & Injury will help you work through this difficult time in your life, and ensure that the responsible parties are held liable for the loss of your loved one. You have to spend the rest of your life without your loved one, which will leave a deep emotional scar on your future. However, a personal injury claim may assist during this time to 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.