The loss of a loved one is difficult. Knowing their death could have been prevented had someone else exercised proper judgement makes their loss even more difficult. Unfortunately, on a regular basis, we lose family members, friends, and coworkers because of the negligent behavior of other people.
Such tragedies can be even more heart-wrenching. For instance, there are instances where families have had to deal with wrongful death lawsuits due to medical negligence. Moreover, it’s essential to be aware of the limitations in Nevada when considering legal action in such cases.
Car accidents caused by drunk or distracted drivers, loss of a loved one following a criminal act such as a shooting or stabbing, or a power tool exploding due to a manufacturing defect can all result in the sudden death of a loved one. In these cases, no amount of money can ever compensate for the loss a family has suffered. The reasons for filing a wrongful death case include:
When someone loses a family member because of negligence, they can get help by speaking with a wrongful death attorney in Nevada who can help them understand their rights.
Wrongful death cases are brought in civil courts. There are specific parties who are entitled to file these cases which include:
Survivors may find the wrongful death statutes in Nevada confusing which is why seeking legal help may be important. Oftentimes, a survivor does not understand the legal process, or how to prove someone was responsible for the death of a loved one.
As with any personal injury lawsuit, the possible compensation which may be sought in wrongful death cases is different for each situation. Some of the basic compensation which may be requested includes:
There may be other financial claims related to loss of consortium, pain and suffering, and loss of companionship which should be discussed with a wrongful death attorney.
Before a wrongful death lawsuit can be filed, liability must be demonstrated. Under Nevada law, liability means the following:
In some cases, liability can be easy to prove. For example, if a drunk driver hits a pedestrian, they had a duty of care, they breached that duty of care, and the cause of death was the injury the pedestrian sustained. Other cases may not be as straightforward. When someone loses a loved one, an attorney who has experience handling these types of cases may be able to assist a family determining liability.
An insurance company treats a wrongful death claim the same as they would any other claim. This means they are not likely to automatically accept a claim and offer a settlement. Instead, they will be protecting their bottom line. The less they pay to a claimant, the better their profits.
When someone is injured in a car accident and loses their life, the at-fault driver’s insurance company is contacted. They may reach out to the victim’s family and attempt to reach a fast settlement. The amount they offer may be less than the insurance policies value. This is because they know if they can settle quickly, the survivors cannot file a subsequent claim for additional compensation.
Families should consider having any settlement offers reviewed by a competent personal injury attorney before they accept. This is the best way to ensure that their interests are protected, and that the insurer is not making an offer just to get the claim put to rest.
Sometimes the person or party responsible for a death may be facing criminal charges. This does not mean that the survivors must wait for the criminal case to be decided before filing a wrongful death case. Wrongful death lawsuits are civil proceedings and need not wait until criminal charges, if any, are brought, or tried.
The level of proof is different in criminal lawsuits as well which is why there may be no criminal charges filed. Even if there are no charges, or if someone is found not guilty in a criminal trial, the civil case can go forward and may still be successful.
Families should not have to suffer the financial ramifications of losing a loved one when the death was preventable had it not been for the negligence of another person or party. While everyone knows money is no replacement for the loss of love and companionship suffered after the loss of a loved one, having financial security can make the future easier to face.
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.