If a loved one has lost their life due to the negligence of another individual, you may be able to file a wrongful death lawsuit and be compensated for that individual’s untimely death. This article may help you determine if you can file a claim, but the best thing to do would be to consult with a Nevada wrongful death lawyer.
What Is a Wrongful Death Lawsuit, and Can I File One?
A wrongful death lawsuit may be filed by a dependent of the deceased. The lawsuit will hold an accused party accountable for the financial and emotional loss that follows a tragedy. This claim will usually involve the negligence or purposeful actions of an individual that led to the loss of life of another individual. Some of the more typical cases that involve a wrongful death lawsuit include intentional killings, medical malpractice, and car accidents.
How to File a Nevada Wrongful Death Lawsuit
Determine if You Will Be Able to File a Claim
In the state of Nevada, these individuals are eligible to file a wrongful death claim:
- The spouse, domestic partner, or children of the deceased
- The parents of the deceased (if there is no surviving spouse or children)
- The personal representative of the deceased’s estate
However, other individuals may file such a suit, including those who were financially dependent upon the deceased individual for support at the time of death. Additionally, when an individual files a claim, they must abide by their state’s statute of limitations. This means the claim must be filed in a specific time frame, which would be two years from the date of the death in Nevada.
To file a claim, it must be concluded that death resulted from another individual’s negligence. This must be a clear situation such as reckless driving or assault.
Discuss Options With a Nevada Wrongful Death Lawyer
One of the very first things you should do is discuss the matter with a legal representative. This is especially true if you are unsure if you can file a lawsuit. Choosing an attorney who is experienced with wrongful death cases will allow you to determine if you have an actual case and can begin legal actions.
Your Legal Representative Will Investigate the Matter Further
As the investigation of the wrongful death begins, your lawyer will begin piecing together all of the necessary details in order to help build a strong case against the accused.
In many cases, this will involve working with law enforcement and medical professionals who are specialized in such cases. Additionally, your legal representative will typically consult with an accident reconstruction professional to help analyze the incident.
The Value of Your Claim Will Be Determined
Once all of the details about the claim have been gathered, your lawyer will determine the value of the case. The case’s value will typically include medical bills, punitive damages, and any other specific expenses incurred by the family because of the accident.
A Drafting of the Case Is Initialized
Once enough evidence has been gathered for your case, your lawyer will make an official filing with the court. The complaint will include evidence to support your claim, identify the person accused, an indication of the value of the suit, as well as what your law team expects as compensation.
Pretrial and Negotiations
It is usually best to try and settle the matter early in the process to avoid court. This will save countless resources and time. However, litigation will need to take place before the trial. This will typically involve coordinating efforts with the defendant’s legal team to acquire correct information and context. In some cases, court motions will be filed during this stage, and your lawyer will deal with the accused’s lawyer directly.
Your lawyer will have an opportunity to prove the foundation of your case through the evidence that has been gathered. During this time, the defendant’s team will likely try to avoid going to court by offering up a settlement. In many cases, the defendant’s team will offer a low payment initially for your claim. Your lawyer will then counter the matter and negotiate for fair compensation.
Case Proceeds to Trial
If both sides are unable to agree on a settlement amount, the matter will proceed to trial. Your lawyer will advise you to continue to court if they believe you have a strong enough case.
What Damages Can Your Nevada Wrongful Death Lawyer Recover?
Once your lawyer has filed a wrongful death lawsuit, it is essential that your compensated for any damages that are related to the death of your loved one. Below are just some of the typical damages that may be included within this type of lawsuit:
- Funeral and burial expenses
- Medical bills that cover various treatments of the victim before they passed away
- Emotional support as well as the loss of companionship
- Pain and suffering due to the loss of a loved one
- Overall value in monetary services that would have been contributed by the deceased
- Punitive damages
Finding a Nevada Wrongful Death Attorney
If you have lost a loved one due to the negligence of another individual, the compassionate attorneys at Nettles Morris are here for you. Please reach out to us as soon as possible for a free consultation and allow us to help determine whether you are able to file a wrongful death lawsuit.