Experiencing the tragic and sudden death of a loved one can completely alter your life forever. While you may be dealing with a ton of moving pieces in this situation, it’s essential to think about your legal rights. If your child, parent, or spouse’s death was caused by someone else’s reckless or careless conduct, you may be entitled to compensation.
It’s essential to understand your rights and options during what is an emotional and challenging period of life. Working with a wrongful death attorney in Las Vegas ensures you have all the information you need to move forward and get what you deserve. Reach out for a consultation to learn more about the legal facts involved in your specific situation.
Wrongful Death Basics
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NRS 41.085 is the Nevada wrongful death statute. It states that when someone’s wrongful act of neglect causes a death, the heirs of the victim (known as the decedent) and the representative for the estate are allowed to file an action for damages.
What Is a Wrongful Death Claim?
Who can sue for wrongful death in Las Vegas, Nevada? This is a common question and one that can be a bit complicated. Not every death is eligible for a claim of wrongful death. To sue for this, you must be able to show that a particular person committed a wrongful act or was negligent and this caused the death.
If your loved one died because of someone’s negligence or because an individual breached their duty or care, you have the legal ability to bring a claim against them. In general, the standard of duty of ordinary care looks at what a reasonably prudent person would do in the same circumstances.
If the person failed to act as they should, this could have created a dangerous or even deadly situation. If the breach of duty leads to harm or an accident, this is negligence.
For instance, physicians have a professional duty of care. If they breach this requirement, it counts as medical malpractice. The wrongful death law in Nevada also encompasses deaths from wrongful acts. This means someone acted maliciously, knowingly, or recklessly, and causes whatever leads to a loved one passing on.
If you believe you have a case, speak with a wrongful death lawyer in Nevada. They can help you find evidence of whether the case is a wrongful death and give you insight into whether you should move forward.
What Are the Most Common Types of Wrongful Death Cases?
All sorts of instances can lead to a wrongful death suit. If a business or person is responsible or negligent in a person’s death, a claim can be filed. While wrongful deaths can take place in all sorts of situations, the following tend to be the most ordinary:
- Car accidents
- Construction and worksite accidents
- Defective products
- Medical malpractice
- Motorcycle collisions
- Nursing home negligence
- Pedestrian mishaps
- Truck accidents
- Unsafe locations
Understanding Negligence & Wrongful Acts in Las Vegas
When negligence or wrongful acts cause death, it means the death could have been prevented by taking (or not taking) certain actions. The loss of life did not have to occur and someone is responsible for the death. In these tragic situations, family members can sue to recover both financial and non-financial damages related to the death.
This can include the loss of the deceased person’s contributions to beneficiaries, as well as medical bills and funeral costs. If you believe a wrongful death has occurred, it’s important to contact a wrongful death attorney in Las Vegas.
Who Can File a Wrongful Death Lawsuit in Las Vegas?
Who can claim damages for wrongful death? This is a common question after family members experience the negligent death of a loved one. Only beneficiaries of the estate of the decedent can file for wrongful death. This can incorporate the following people:
- Domestic partners or spouse as heirs
- Surviving kids as heirs
- Parents of the deceased individual if no children or spouses exist
- Personal representatives of the deceased’s estate
Why Hire an Attorney After a Wrongful Accident?
Going through the death of a loved one is difficult and can create many emotions. When the loss is unexpected, the grief you feel may be even more profound than usual. It can be a struggle to get through grief even without other things on your plate.
Why should you hire a wrongful death lawyer? You’ll have someone on your side to take care of the legal situation while you work through your emotions and other tasks related to the death of a loved one. The attorney will help you handle the financial and legal ramifications by placing responsibility on the shoulders of the negligent party.
Proving Fault in Wrongful Death Accidents
To show negligence caused a death, it must be proven that the death was caused by an act or failure to act by a company or individual. Proving negligence requires three separate things. These include:
- The person had a duty to the person who died.
- The person’s act or failure to act wasn’t reasonable and caused the death.
- The decedent’s heirs are entitled to damages based on the death.
What Is the Time Limit or Statute of Limitations in Nevada?
Wondering what is the statute for wrongful death in Las Vegas, Nevada? There is a certain statute of limitations for wrongful death suits in Nevada. The claim must be settled or a lawsuit must be filed by the appropriate person within two years of the victim passing away. If you fail to file the claim in this period, you may have no opportunity to seek justice on behalf of a loved one as the court will likely refuse to hear your case.
If you need assistance in a wrongful death in Las Vegas, Nevada, Temple Injury Law is here to assist you. Choose us for a wrongful death attorney who is dedicated to getting you the compensation you deserve. We offer a high success rate and provide expert legal services for individuals in Nevada. Reach out to us today for a free consultation about your case.
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