Imagine receiving distressing news that a beloved family member has been lost due to other people’s negligence. This unfortunate reality is encountered by many families in Las Vegas, resulting not only in the emotional burden of grief but also in a call for justice. In such challenging circumstances, knowing your rights within the legal framework of Nevada is imperative.
As of November 30, 2023, Nevada Departments of Public Safety & Transportation reported 360 fatalities, with prominent factors being impairment and speeding. The data includes 97 pedestrian and 63 unrestrained motorist deaths. These data shed light on critical issues contributing to wrongful deaths in Nevada, emphasizing the urgent need for measures addressing public safety on the roads.
Families who have lost loved ones need to know that they have legal rights. But who can file a wrongful death claim, and what steps should they take? Temple Injury Law, a Las Vegas wrongful death attorney, offers legal guidance in these difficult moments.
Understanding who can take action—and how a wrongful death suit can seek justice and support—may provide some relief amid the pain. If you’ve lost a loved one to negligence, schedule a consultation with a wrongful death lawyer at Temple Injury Law to explore your options and begin the path toward justice.
In this article, you’ll learn how Nevada law guides you in understanding negligence and potential damages and handling the legal challenges of wrongful death.
What is a Wrongful Death Claim in Nevada?
A wrongful death claim in Nevada is defined as a death that is caused by the wrongful act or neglect of another person or entity. This could include negligence-based incidents such as:
- Car accidents
- Medical malpractice
- Intentional acts, including crimes
It can be seen as a personal injury claim where the injured person can no longer bring his or her case to court. Instead, someone else must file the lawsuit to establish liability and seek damages.
Understanding State-Specific Statutes
The defendant’s liability in a successful wrongful death case is expressed solely in terms of financial compensation (“damages”) that the court orders the defendant to pay to the deceased person’s survivors or estate. This differs from a criminal homicide case, where a conviction can result in jail or prison time, fines paid to the state, probation, and other penalties.
Nevada law allows the following parties to file a wrongful death claim in the state’s civil courts:
- Personal representative (sometimes called the “executor”) of the deceased’s estate
- Surviving spouse
- Domestic partner
- Children of the deceased person
Nevada’s Wrongful Death statute also allows both the decedent’s estate and the intestate heirs to bring wrongful death claims. The estate may recover any special damages, such as medical expenses, which the decedent incurred or sustained before his death. Each heir can recover from his or her grief or sorrow, loss of probable support, companionship, society, comfort, and consortium.
Steps Involved in Filing a Wrongful Death Lawsuit
When a loved one passes away due to someone else’s actions, the family may seek justice through a wrongful death lawsuit. Filing this claim allows the deceased person’s estate and surviving family to recover damages for lost wages, funeral expenses, and emotional suffering. Here are the steps involved in filing a wrongful death lawsuit:
1. Contact an Experienced Wrongful Death Attorney
The first step is finding an attorney with experience in wrongful death lawsuits. A wrongful death attorney can help families understand their rights, explain the legal process, and advise on the type of compensation that may be available. They can also assess if there’s a valid case and guide the family through the requirements.
2. Determine Eligibility to File
Generally, the surviving spouse, children, or parents of the deceased person are eligible to file a wrongful death claim. In some cases, representatives of the deceased person’s estate may also be able to bring the lawsuit. Wrongful death attorneys can clarify who in the family is legally entitled to file the claim.
3. Gather Evidence
Strong evidence is essential in a wrongful death case. This may include medical records, accident reports, witness statements, and any proof of lost wages and expenses. The attorney will help gather the necessary documents to build a compelling case, aiming to prove the direct link between the victim’s death and the defendant’s actions.
4. Filing the Lawsuit
Once eligibility is confirmed and evidence gathered, the attorney files the wrongful death lawsuit in the appropriate court. The claim typically includes details about the deceased person’s death, the defendant’s alleged actions, and the damages sought by the surviving family or estate.
5. Engaging in Pre-Trial Negotiations
After filing, the legal team may try to reach a settlement with the defendant or their insurance company. In many wrongful death cases, parties prefer to settle outside of court. A fair settlement can help families avoid lengthy court battles and recover compensation more quickly. However, if the settlement isn’t satisfactory, the case proceeds to trial.
6. Preparing for Trial
If no settlement is reached, the wrongful death case goes to trial. During the trial, the attorney presents evidence, calls witnesses, and makes arguments to support the claim. The goal is to show the court how the defendant’s actions led to the deceased person’s death and the damages suffered by the family.
7. Receiving the Court’s Decision
After the trial concludes, the court delivers its verdict. If the decision favors the plaintiff, the court will determine the damages awarded. These damages could include compensation for lost wages, medical expenses, funeral costs, and pain and suffering endured by the family.
8. Collecting Compensation
If the court awards damages, the next step is to collect the compensation. Depending on the situation, this may involve direct payment from the defendant or their insurance provider. The law firm representing the family assists in securing these funds.
Proving Negligence in a Wrongful Death Case
When tragedy strikes and a loved one’s life is cut short due to someone else’s careless actions, proving negligence becomes crucial. In Las Vegas courts, the journey toward justice hinges on showing that another party was at fault.
Duty of Care Explained
A wrongful death case starts with the duty of care. This legal obligation requires individuals to act reasonably towards others. For instance, drivers must follow traffic laws to prevent harm, while doctors must adhere to medical standards when treating patients. If this basic responsibility isn’t met, it can lead to fatal consequences.
In Nevada, step one establishes that the defendant owed your loved one a duty of care. But identifying this duty is just part of your story.
Breach of Duty: Connecting Actions To Outcomes
To prove negligence after recognizing the existence of a duty, you’ll need evidence that shows how this duty was breached. Perhaps there were missed warning signs or blatant disregard for safety protocols—details matter here because they paint a picture of recklessness or omission leading up to a loss.
Tangible examples like accident reports or eyewitness accounts often play key roles in demonstrating these breaches clearly and convincingly within court proceedings.
Causation: The Link That Binds
The heart of any wrongful death claim lies in causation; it ties negligent behavior directly back to your loss by asking an essential question: “But for the defendant’s actions (or lack thereof), would my loved one still be alive?” Answering ‘yes’ means you’ve established causation—a critical component judges look closely at during trials around Las Vegas and beyond.
Quantifiable Damages Suffered
Last but not least are damages—the measurable impact felt by families grieving their losses from emotional and financial perspectives. These aren’t just numbers. They’re reflections on what has been taken away without justification or cause—from expected earnings over lifetimes lost to sudden funeral costs thrust upon those left behind too soon.
It’s all about striking the right balance between hard facts and human emotion when presenting cases to jurors. Their decisions hinge on how well we combine these elements, so we meticulously prepare every detail to sway them in our favor.
How Can Temple Injury Law Help Me?
When someone is lost due to another’s negligence, the emotional toll can be overwhelming. Temple Injury Law is here to support you. Our experienced team provides personalized assistance and legal guidance for wrongful death claims.
Handling Legal Complexities
Wrongful death claims are complex, especially under Nevada law. At Temple Injury Law, we manage the details, allowing you to focus on healing. We ensure all paperwork is accurate and submitted on time, protecting your claim.
Dedicated Representation
Your case is important to us. Our attorneys are by your side through every step, from negotiating with insurers to representing you in court. We approach each case with the dedication we would give to our own families.
Protecting Your Rights
Our goal is not just compensation but safeguarding your rights. From consultation to resolution, we keep you informed, ensuring no surprises. Temple Injury Law stands with you, offering support and guidance in this challenging time.
Seeking Justice for Wrongful Deaths in Las Vegas
Understanding who can file a wrongful death claim in Las Vegas is crucial for seeking justice in the aftermath of a tragic loss. Recognizing your rights is essential whether you’re a surviving spouse, child, or another eligible family member.
At Temple Injury Law, we specialize in guiding you through this challenging process. Our experienced team is here to support you. Schedule a consultation today to discuss your case and pursue the compensation you deserve. Your journey toward justice starts here.