When a person dies due to the recklessness, negligence or fault of another person within Nevada, Las Vegas, the family of the victim can receive monetary compensation for their loss. Of course, no amount of money can ever make up for the loss of a family member, however, it can help the family to recover and ensure that the guilty party is held accountable. Especially with the guidance of an experienced wrongful death attorney in Las Vegas.
In the event that you’ve recently lost a family member in this way, then it is essential that you contact a Las Vegas personal injury firm that will make sure that the person who is responsible is brought to justice.
Table of Contents
- 1 What Constitutes A Wrongful Death Claim?
- 2 In Las Vegas Nevada, Who Can File A Wrongful Death Claim?
- 3 When Is The Best Time To File A Wrongful Death Claim?
- 4 In Wrongful Death Cases, Exactly How Is Negligence Established?
- 5 What Are The Damages That You Can Seek In Wrongful Death Cases?
- 6 How Is Pecuniary Loss Valued?
- 7 Call Our Las Vegas Wrongful Death Attorney Today
What Constitutes A Wrongful Death Claim?
This is basically a lawsuit that is filed on behalf of the victim who died who would have likely filed a personal injury claim if they were still alive. Wrongful death claims are civil lawsuits and as a result, they need to be filed by the right party..
Also, liability will only be available in the form of monetary damages since a criminal charge will likely lead to the imprisonment of the responsible person and has to be charged by a prosecutor. Do note that in the event that this criminal case has been filed and is in progress, you can still file a wrongful death claim..
There are many types of negligence that can lead to a wrongful death claim and some of them are:
- Malpractice by a surgeon or physician
- Accidents in the workplace that occurred due to unsafe conditions
- Car accidents or crashes that occurred due to recklessness or negligence of the other party
- Accidents that occurred due to a defective product
- Accidents that happened on the property of the other party that occurred because of poor maintenance
With that said, no matter what the negligent behavior may have been that caused the death of your family member or loved one, we will work hard to ensure that you and your family get the rightful compensation that you deserve and will ensure that all of your interests are always protected.
In Las Vegas Nevada, Who Can File A Wrongful Death Claim?
There are only a few persons that can file the wrongful death claim and they are as follows:
- The victim’s children, domestic partner or spouse
- A representative of the victim’s estate
- The parents of the victim in the event that they don’t have any children or a surviving spouse
In cases where the wrongful party dies before the filing of the wrongful death claim, the victim’s family can still file it against the wrongful party’s personal representatives. Also, if the wrongful party’s employer is also at fault and the cause for their negligent or reckless behavior, this party can be added to your wrongful death claim.
As a result, it is possible for the claim to be filed against many people or entities that are relevant to their accident that lead to their death. Now, it depends on the specifics of the case, but some of the parties that can be held responsible include:
- The driver who is at fault for the car accident
- The person who actually designed the defective roadway
- The manufacturer of the improperly working car part as well as the seller and installer of said car part
- The governmental party who failed to give enough warnings about specific hazards on the road
- The individual who sold the at-fault person too much alcohol, thus leading to them causing an accident
- The bar owner or restaurant owner where the at-fault person was given too much alcohol
When Is The Best Time To File A Wrongful Death Claim?
It is essential that this type of claim is filed within 2 years of the death of the victim. If you don’t file the claim within this period, then you may lose your chance to get justice since the likelihood is high that the court will not hear the case.
In Wrongful Death Cases, Exactly How Is Negligence Established?
The success of these types of cases depends on if the plaintiff can show that the negligence of the other party caused or lead to the death of their family member or loved one. Some of the evidence that they will need to demonstrate includes:
- Duty of care was owed by the defendant to the deceased party
- There was a breach of this duty of care
- The death was due to the breach
What Are The Damages That You Can Seek In Wrongful Death Cases?
The family members of the deceased victim can get financial compensation once they can show that the at-fault person was negligent and this caused their loved one to die. The family members of the victim may be able to receive two types of damages which are known as special and punitive.
Special damages refer to the costs that were incurred by the victim or their family or estate. Therefore, monetary compensation can be given for this type of damages and some specific costs include:
- Medical bills that were due to the injury or illness of the victim
- Bills for the funeral and burial of the victim
- The lost wages of the victim which includes the loss of future income
- The loss of any benefits to the victim’s surviving heirs
- Damage to the property of the victim
- Sorrow and grief of the family members and loved ones
- Loss of comfort, love, and companionship of the victim
- Suffering, discomfort, disfigurement, and pain that the victim underwent before their death
There are also cases where the jury may give the family of the victim, punitive damages. This is not meant to compensate the victim’s relatives but meant to penalize the at-fault party, especially due to their terrible conduct. This is when their conduct is determined to have been reckless or actually intentional.
How Is Pecuniary Loss Valued?
Particular costs such as medical bills and funeral costs can be easily shown through receipts and bank statements. However, future loss of income is a lot harder to show. So, in order to determine the future income of the victim in the event that they did not die, there are a lot of factors that would be analyzed and they include:
- The age of the victim
- Their physical state and overall health
- Their personal character
- Overall intelligence
- Current earning ability
- Their average life expectancy
- The circumstances around their death
There are many economists that can help to convince the jury of the pecuniary value of the deceased victim. This is actually very helpful in the event that the victim was a homemaker and as a result, they did not have a job or income. The economist can show that even though the victim didn’t have an income and as a result, the family didn’t lose a source of income, they will still need to spend a lot of money so that they can get the services that the victim rendered and can no longer do so. These include services such as cleaning, cooking, taking care of children, educating children, transporting family members, etc.
However, with that said, if the victim is an elderly family member or child, then it can be challenging to show a pecuniary loss.. Basically, when a typical adult dies it is quite easy to determine their contributions financially by checking their salary pay stubs or their bank statements. However, you should keep in mind that wrongful death loss is also determined by the other, less tangible benefits of that person to the family. There is usually a significant loss in companionship and nurturing that has to be deeply considered when it comes to establishing damages. In the event that a child is a victim and he or she dies, then compensation is limited because the child has not started working and has not shown their earning ability. This is also relevant to an elderly victim who doesn’t earn much since they are likely retired.
So, in these claims, the jury determines how much monetary compensation the family members should be given. With that said, this amount may be changed by the court if there is not enough evidence of the victim’s earning power. In some cases, the judge can decide to order a completely new trial for the case.
Call Our Las Vegas Wrongful Death Attorney Today
If your loved one is the victim of wrongful death, then you don’t need to go through this battle all on your own. Hire a Las Vegas wrongful death attorney that can help you to get the compensation you deserve.
So, be sure to contact McDonald Worley at (877) 721-3423 or you can simply fill out our free consultation form.