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If you are filing a wrongful death claim, it means that you are bringing a claim against a defendant who has caused someone’s death. This death occurred either through negligence or from intentional harm on the part of the defendant. These wrongful death claims allow the estate of the one who died to file a lawsuit against whichever party is the one legally liable for that death.
For the most part, someone who is part of the estate of the person who died will be the representative. Even if the estate is larger and there are several people who belong to it, just one will be chosen to keep things organized and save time. They’ll work on behalf of the rest of the surviving family members as well as anyone else who was affected by the death. Along with the wrongful death attorney, they can file a claim and work to get compensation for that death.
How Soon Can an Attorney File a Wrongful Death Claim?
After someone close to you has died and you believe that it is because of the negligence or intentional act of someone else, it is important to talk with a personal injury lawyer as soon as possible. When you sit down with the wrongful death attorneys, you will be able to present the evidence of the case and then discuss the next steps to take.
A claim of wrongful death is going to be applicable in a situation where the victim would otherwise have a personal injury claim, but they died due to either negligence or an act of intentional harm by the other person. Since the victim is not around to file a personal injury claim, a representative from their estate is able to file a wrongful death claim with their wrongful death attorney, in order to receive compensation for that death.
There are a variety of situations that will fall under the umbrella of wrongful death claims including:
- Any time that the victim is intentionally killed by another party: If you and others in the estate feel that your loved one was killed on purpose. If the defendant went after your loved one with the intention of killing them, you should talk with a wrongful death attorney in Las Vegas, NV. Remember that the defendant must have intentionally tried to kill your loved one for this to work. If an accident occurs while they are out ice fishing, for example, this may not fit under wrongful death.
When a victim dies because of medical malpractice:
- If your loved one was visiting a doctor and that doctor failed to diagnose a condition, or the doctor was careless in the amount of care provided to your loved one, and then death occurred in the process, then a wrongful death action can be brought against this doctor. You and your wrongful death lawyer will be able to work on getting records and eyewitness testimonies in order to figure out whether the doctor acted in a negligent manner or if they were upholding the standard of care that is expected in these situations.
- A car accident that included negligence: If your loved one dies because of injuries after a car accident, and it is because the other driver was behaving in a negligent manner, such as not yielding to a stop sign or speeding too much, then you can bring this case to our wrongful death attorneys to help you file a claim.
Of course, these are just a few of the examples of personal injury cases that are able to turn into wrongful death claims because the victim passed away. A wrongful death claim has the potential to come from any personal injury claims where the victim actually died. You can work with your wrongful death lawyer in Las Vegas, NV to take a look over your case and decide if you have a wrongful death claim after your loved one has passed away.
One thing to note here is that there are some exceptions made when it comes to a work injury that ends up in death. With these cases, you will work with the worker’s compensation system instead of filing a claim with your wrongful death lawyer.
What Are The Grounds For A Wrongful Death Lawsuit?
Wrongful death lawsuits can be filed by an attorney when an entity or person is negligent or at fault for the death of another person. A wrongful death claim could be against a drunk driver who hit someone with their vehicle or it could be against a negligent surgeon who lost someone on the operating table. It can also be the result of criminal actions such as assault and battery. A wrongful death attorney will understand the requirements which must be met for these lawsuits. If you are unsure about your claim, you should seek the help of a wrongful death attorney.
A Las Vegas Personal Injury Lawyer Can Help Prove a Wrongful Death Claim
You must consider what needs to be proven to hold the defendant liable for the injuries and death. Your wrongful death lawyer will be able to help you with this. However, there are a few things to consider when you are ready to file a claim.
To be able to hold the defendant in the case liable for a claim of wrongful death, the plaintiffs in the claim must provide evidence the victim would have had they lived.
So, to make this simple, let’s take a look at negligence with personal injury cases. This means that the representatives of the estate, as well as their wrongful death attorneys, need to show that the defendant owed the victim a duty of care, that the defendant breached this duty. Breach of this duty was the reason that the victim died and caused damages that the plaintiffs are trying to recover.
Proving all these parts can be hard, which is why it is so difficult to bring up a claim of wrongful death. If you feel that your loved one died because of wrongful death, it is important to talk to a wrongful death lawyer in Las Vegas, NV as soon as possible. The attorneys for wrongful death will take a look at the case and search for evidence to help you receive the compensation you deserve. A loved one may die after an accident, and the defendant still will not be held liable. If there is no negligence or intent at a harmful act, it does not mean that you have a wrongful death claim. Working with an attorney can help you figure out if you have one of these claims or not.
Who can Initiate a Claim?
The next question that you may have is who is allowed to file one of these claims. A claim of wrongful death will usually be filed by someone who lived with the victim. The individuals who are considered survivors will vary based on the state you live in. This representative is going to work with their attorney for wrongful death to come up with a good strategy to help the survivors gain the compensation they need.
In all states, a spouse is able to bring up a wrongful death claim on behalf of their deceased spouse along with their wrongful death attorney. If the deceased victim was a minor, the parents can work on a wrongful death action if their child is killed. It is also possible in all states for minors to collect compensation if the case involves their parents.
While all the states are going to allow for the above to all file a claim of wrongful death, there are some differences after that. Many states disagree about whether grown siblings can sue for the wrongful death of their parents, or if it is allowed for extended relatives, such as grandparents, uncles, aunts, and cousins to sue for these deaths. It often depends on the situation at hand as well.
Most states want to discourage the distantly related family from bringing a wrongful death attorney to court for someone they barely knew. But, if the grandparents were the custodians of younger children, those children may be fine bringing up a wrongful death claim compared to those who did not really see their grandparents before the accident. In some states, the rules will allow for the partner of the victim to bring up a wrongful death claim as can anyone else who had some sort of financial dependence on the deceased.
As you can see, it is sometimes confusing to figure out whether you can be a representative of the state and bring up a claim of wrongful death. For most states, the further the distance in the relationship, the harder it will be to file one of these claims, even with a wrongful death lawyer. If you feel that you can file a wrongful death claim and are not sure if the courts in your state will allow for this, it may be time to hire a wrongful death attorney and discuss the case with them.
Remember that just because a loved one died and just because you can be a representative of the estate, it does not mean that there is a wrongful death case. You must first prove that the defendant acted in an intentional or negligent manner before you are able to bring a case to court. Your wrongful death lawyer should be able to discuss the case with you and provide you with help if it actually fits under that umbrella.
What Damages are Possible to Win in a Wrongful Death Claim?
The damages that you can earn from a wrongful death claim will vary based on many factors that your wrongful death attorney can discuss with you. Some of the damages for which you may be able to receive compensation after a wrongful death include:
- The deceased person’s pre-death suffering and pain called a survival claim in a wrongful death case. This will need some special attention from your wrongful death attorney.
- the medical costs that the victim incurred because of the injury prior to death.
- Burial or funeral costs
- The loss of an inheritance that occurred because of the death
- The loss of expected income from the deceased person
- The value of the services that the deceased victim would have provided if they were alive.
- Loss of consortium
- Loss of companionship and love
If you feel that one or more of these situations apply to you after the death of a loved one, you can talk to your attorney for wrongful death to discuss what options you have in this case.
Why Hire a Wrongful Death Attorney?
After the death of a loved one, there are many things going on. Not only are you grieving for the loss, but you may have to death with high medical bills and a reduction in income if you are the spouse or the younger children. Talking to a wrongful death lawyer in your area can make a big difference in when you file a claim and making sure that you get the compensation that you need after this trying time.
Hire a wrongful death attorney in Las Vegas, NV after grieving the loss of a loved one. They know how to work with the system, who to talk to, which witnesses to talk to, and how to get the most out of your case, whether you are working on a settlement or taking It to court. Even if you feel up to it, you could quickly damage your reputation in court and your claim if you say the wrong things. Working with your attorney can help prevent that from happening and can make it easier to get the compensation that you deserve.
If you are looking for a wrongful death attorney in Las Vegas, NV, make sure to contact us at Nettles Morris Law Firm. We have experienced wrongful death and injury lawyers that can help you file a wrongful death claim after the loss of a loved one. Don’t go through this difficult time along. Call us today and ask to speak to an attorney for wrongful death. Simply provide him with the details and he will let you know whether or not you have a case. Contact a Nettles Morris Law Firm wrongful death lawyer today.