A wrongful death lawsuit in the state of Nevada is considered to be a personal injury legal procedure brought on behalf of a deceased party against the party who intentionally or negligently caused the death. A wrongful death claim can also be brought against multiple individuals or organizations or companies related to the incident that caused the death.
A wrongful death lawsuit is a civil lawsuit and liability can only be taken in the form of money compensation. It is not a charge for homicide and has no provision for imprisonment. However, a wrongful death claim can be filed even if a criminal case is already ongoing. Furthermore, even if the suspect is acquitted, as in the O.J. Simpson murder trial, the victim’s family may file for a wrongful death action and seek payment for damages in money.
A wrongful death claim is easier to win than a murder case since the plaintiff in a wrongful death claim does not have to prove, as in a murder case, the defendant is guilty beyond a reasonable doubt.
The Kinds of Tragic Events that Warrant a Wrongful Death Claim include:
- Auto accidents where the other driver was negligent or reckless in their behavior or driving conduct
- Truck accidents where the other driver was negligent or reckless
- Motorcycle accidents where the other driver was negligent or reckless
- Drunk driver accidents
- Rideshare auto accidents where the driver or other driver was negligent or reckless
- Careless or negligent security protection
- Distracted driving vehicle accidents
- Criminal behavior; murder, stabbing, shooting
- Accidents on someone else’s property due to the lack of or inadequate maintenance
- Accidents at the workplace due to unsafe conditions
- Workplace exposure to hazardous conditions or substances
- Defective products used in the home or at the workplace
- Toxic products used in the home or at the workplace
- Medical malpractice
- Negligence or sheer neglect in a nursing home or rehabilitation facility
- In-home care negligence or neglect
- Negligence or neglect in a day care center
- Defective medical device
- Mass shootings
- Defective prescriptive drugs
- Mass Tort litigation
What Sort of Relevant Evidence is Necessary to Prove My Case
The success of a wrongful death lawsuit depends on whether the family members of the deceased can provide sufficient evidence to substantiate that the defendant or organization or company had violated their duty to protect or take care, and it was that negligent or reckless action that led to the death of their loved one.
Every claim of wrongful death is different in terms of the circumstances that led up to the death. But the kind of evidence that the family would need in order to support their claim is not unique. To strengthen a wrongful death claim the following things are just a part of evidence materials that can provide support and help you case.
Some elements that would help to prove a medical malpractice wrongful death claim include:
- medical records
- medical bills
- testimony from medical experts
In a criminal wrongful death claim, some of the things to prove your case include:
- eyewitness testimony
- recorded or written communication by the defendant
- CCTV footage or;
- security surveillance video
- photographic evidence
In a workplace accident wrongful death claim, some of the things beneficial to obtain include:
- copies of official company reports
- eyewitness testimony
- testimony from an accident reconstruction specialist
- CCTV footage or;
- Security surveillance video
Why Do I Need a Las Vegas Wrongful Death Attorney
Insurance companies are notorious for taking advantage of families in their worst time and will generally offer the family the least amount of money in order to settle a wrongful death claim. That is why it is vitally important for the family of the deceased to be represented by a qualified and compassionate Las Vegas Wrongful Death Attorney who will be committed to your case and is highly experienced in standing up to insurance companies. And if necessary, will aggressively fight in court to ensue you recover the maximum compensation amount your family deserves.
Gina Corena & Associates is very familiar with Nevada court wrongful death procedural requirements. Adhering to those requirements has made Gina Corena, along with her dedicated and highly skilled legal team, experts in making sure your case avoids any matter of law determinants that can delay a case or hurt your family’s chances of winning your case.
Does Nevada have a Time Limit to File for Wrongful Death
In the state of Nevada, a wrongful death claim must be filed within two years of the date of the deceased person’s death. If a wrongful death claim is not filed within that two-year time period, the person accused of causing your loved one’s death can file a motion to have the case dismissed.
It takes time to compile all the details and vital evidence needed to build a strong case. That is why it’s important to consult with an experienced Las Vegas Wrongful Death Attorney. If you are running close to the end of the two-year filing period, it is imperative that you take the time to consult with an experienced Las Vegas wrongful death attorney who will review your case free of charge and can advise on how to preserve your legal options.
No amount of money can ever make up for the loss of a loved one. If you have lost a loved one due to the negligence or intentional reckless conduct of someone else, holding that party responsible and being granted maximum compensation may help to ease your family’s unexpected financial burdens and protect your family’s future.
Who Can File for a Wrongful Death Claim in Nevada
The parties who can legally file for a wrongful death action in Nevada and seek compensation in a wrongful death claim in Nevada are generally the immediate family of the deceased:
- If the deceased was married, it would be that person’s surviving family; spouse, domestic partner, or children.
- In situations where the deceased was not married and did not have children, or in the case of a minor child, then it would be the parents of the deceased.
- If the parents were deceased, then it would be the siblings of the deceased.
- If the deceased’s parents and siblings were also deceased, or the deceased did not have siblings, then it would be the closest living relative to the deceased.
Note that the following individuals, even if named as a beneficiary in the deceased’s will, are not eligible to file a wrongful death claim:
- Stepchildren who are not adopted
- Foster children
- Intimate friends, good friends, best friends of the deceased
Always consult with an experienced Las Vegas Wrongful Death Attorney to be advised if there are questions regarding who can file for a wrongful death action in Nevada.
What Types of Compensation Can I Sue For
In accordance with Nevada law, the kinds of compensation people can seek in a wrongful death suit can include ;
- Funeral and burial costs
- If applicable, bureaucratic administrative costs related to the Will
- All medical expenses that are related to the victim’s injury that caused the death
- Unpaid medical bills incurred before the victim’s death
- Loss of future income to the victim’s family
- Loss of benefits, in particular, health and life insurance premiums, as provided to the family
- Loss of income contributions to retirement account, savings accounts
- Loss of intimate companionship
- All the pain and suffering and grief and sorrow you and your family must now endure
In regard to determining a victim’s future earnings and the financial loss of contributions to the family’s retirement and savings and annual health insurance and life insurance premiums, these types of loss of cost estimations are very difficult and require a careful and correct analysis of unknown factors and variables that would factor into that dollar number.
This is another reason why working with an experienced wrongful death attorney who is familiar with handling these kinds of economic and budgetary considerations is critical to safeguard a stable financial future for your family.
When a child is lost, or when the victim was a homemaker, and did not have an income outside the home, or when the victim is elderly, and was no longer working, an experienced and compassionate wrongful death attorney can best guide a grieving family through the cold practicalities of what loss factors to consider and how to appropriately measure and evaluate monetary damage accountability. claim, a victim’s family members may be able to recover two different types
Accepting a Settlement As Opposed to Going to Trail
A wrongful death action is a very serious lawsuit. A range of circumstances and different points must be considered before deciding on whether to settle out of court versus going to trail. Negotiating a settlement rather than going into court can significantly save on your time and the expense of going to trail. But it’s very easy to understand why a family would want to have the person accused of causing the death of their loved one to have to stand up in a public arena and have to answer for their actions.
The process of attending a trail and seeing the person accused held liable in a court of law may emotionally offer the family a healthy sense of legal retaliation and juries may award a larger sum of money than what might be offered in a settlement, but going to trail carries a great deal of risk as well. The trail could go on for many years, and if in the end, the defendant is not found liable for wrongful death, there will be no compensation awarded. And even if the accused is held liable for wrongful death, they have the right to appeal. Legal proceedings would then continue on for many more years, and the family’s legal costs would continue to mount.
At this most devastating time, you can depend on Gina Corena to act as your Champion of Justice.
Here at Gina Corena & Associates, you will be treated like family.
Gina Corena and her expert wrongful death legal team are committed to work diligently on your behalf and to fight aggressively to recover maximum compensation.
All parties found to be responsible for your loss will be held accountable. Call Today (702) 680 – 1111