Losing a loved one will be the hardest thing most people will ever deal with. It is hard enough to watch one of your family members die from natural causes or a terminal illness. It is even more difficult to accept the fact that your loved one died as the result of an accident. When somebody else is responsible for their passing away, your family is going to demand justice. Las Vegas wrongful death lawyers are the ones to get their clients the justice they deserve. They will also fight to get your family the compensation you deserve.
Wrongful death cases often involve negligence on the part of the defendant. Other times, your loved one died as a result of a criminal or intentional act. Either way, your TorkLaw attorney will pursue the person responsible for your loved one’s death. They may need to pursue more than one party. The important thing is that you meet with a Las Vegas wrongful death lawyer as soon as possible after the accident. There are certain deadlines you must meet in Nevada in order to file your lawsuit. Your attorney will ensure that your claim is filed properly and in a timely fashion.
Nevada Law Defines Wrongful Death by Statute
Nevada defines wrongful death as when the death of any person is caused by the wrongful or negligent acts of another. The law applies to accidents caused by ordinary negligence. However, it also applies to cases in which your loved one died because of someone else’s reckless, intentional or criminal acts. The law also dictates who can file suit for wrongful death and what sort of damages they can demand. Las Vegas wrongful death lawyers are aware of the law and know what they need to do to get their clients the damages they deserve.
Wrongful Death Damages Available Under Nevada Law
Wrongful death cases are treated much the same as other personal injury lawsuits in Las Vegas. Your family is entitled to the same sort of damages that your loved one would’ve been entitled to had they survived the accident. In addition, Las Vegas wrongful death lawyers can demand that your family be compensated for any funeral or burial expenses.
In Nevada, you can demand the following types of damages in a wrongful death lawsuit:
- Medical Bills – You’re entitled to any medical expenses that were incurred as a result of your loved one’s accident and death. This could include hospital bills, ambulance rides and any prescription medications. If the decedent’s personal health insurance covered any of this care, they will be expecting reimbursement after your case settles.
- Lost Income – You may be entitled to the money your loved one would’ve earned how they lived. For example, if your spouse is killed at the age of 40, you can demand compensation for the 25 years he would’ve likely earned before retiring. Las Vegas wrongful death lawyers will multiply the number of years the victim would’ve worked by their average salary. This will be your total demand for lost income.
- Emotional Damages – In Nevada, you are allowed to demand compensation for the emotional damages caused by your loved one’s death.
- Funeral and Burial Expenses – You can obviously demand compensation for any funeral and burial expenses. The amount demanded must be reasonable.
- Pain and Suffering – If your loved one lived for some time after their accident, you may be entitled to pain and suffering. This represents the physical and mental anguish experienced by the victim – not your family.
- Punitive Damages – In Nevada, certain plaintiffs in a wrongful death case are allowed to demand punitive damages. These are not intended to compensate the victim’s family. Instead, they’re designed to punish the defendant. These damages are common in drunk driving cases and other situations in which the defendant acted recklessly or wantonly. In Nevada, punitive damages are limited to $300,000 for any case with total damages of less than $100,000. If your case is estimated at more than $100,000, then your punitive damages will be limited at three (3) times your total amount of compensatory damages.
Only Certain People May File for Wrongful Death in Las Vegas
In a regular personal injury case, only the victim may sue the defendant for damages. Las Vegas wrongful death lawyers understand that only the following people may sue for wrongful death in Nevada:
- The victim’s souse
- The children of the decedent
- The parents of the person killed in the accident
The general rule is that, if you would’ve been a natural heir of the decedent, you have the right to file suit for wrongful death. This is different from other states in which only the personal representative of the estate can file suit.
Possible Outcomes in Your Las Vegas Wrongful Death Case
As with any other personal injury suit, your Las Vegas wrongful death lawyer will likely settle your case. However, there are other possible outcomes for your wrongful death suit. It all depends on the facts of your case. It also depends on whether the defendant and their insurance company are willing and able to offer a settlement.
The possible outcomes for your Las Vegas wrongful death lawsuit include the following:
- Your case may settle without the need to file suit. For example, if your loved one dies during surgery as a result of an error, you will file a claim against the surgeon’s malpractice insurance. The claim may be paid without the need for legal action.
- You file suit but your case settles before trial. This is the most likely outcome. Sometimes, all it takes to get the insurance company to take you seriously is your Las Vegas wrongful death lawyer filing a lawsuit.
- Your case may go to trial. While it is rare, there is always the chance that your case will have to go to trial. This is not the best option. Nobody wants to go to trial. They are time consuming and very expensive.
Your Las Vegas Wrongful Death Lawyer
If your loved one is killed in any sort of accident, you will need the assistance of a Las Vegas wrongful death lawyer. The attorneys at TorkLaw have the skills and experience to get your family justice. You should call and schedule your free initial consultation as soon as possible. Take the time to grieve your loss while your lawyer handles the legal side of things.