People hear the term wrongful death and tend to think it’s limited to cases involving medical malpractice. That’s not the case. Just about type of accident can be the basis for a wrongful death claim in Nevada.
Basically, any case in which the victim dies as the result of someone else’s behavior can involve a wrongful death. It is exactly what it sounds like. Someone dies and they shouldn’t have. This could be the result of a car accident. Or, it could be caused by a dangerous drug.
Personal injury lawyers in Las Vegas handle these sorts of cases often. They’re retained by the spouse or family member of someone who died. The difficulty with these cases is proving that the defendant caused their loved one’s death.
At a time like this, you need to focus on grieving and taking care of your family. This is why you should let an experienced personal injury lawyer handle the legal side of things for you. They will do what it takes to get your family the compensation they deserve.
Wrongful Death Law in Nevada
Nevada defines wrongful death as when the intentional, reckless or negligent act of another causes the death of a person. It doesn’t require that the defendant intended the victim to die. It simply requires that the defendant intentionally act in a way that would possibly or likely cause the death of another.
In Nevada, you only have two (2) years to file your wrongful death claim. This is because the statute of limitations for wrongful death is only two years. This allows your family some time to grieve before you have to think about filing a lawsuit.
You don’t want to wait too long, however. Your Las Vegas personal injury lawyer will need plenty of time to prepare your case. This could take months or even more than a year. You want to make sure your case if strong before you go to court. This increases your chances of getting justice and compensation.
What are Some of the Common Causes of Wrongful Death?
You can imagine what sorts of accidents and events can lead to a wrongful death. Obviously, car accidents are a leading cause. So are tragic construction accidents. But there are many other types of accidents that can cause wrongful death in Nevada.
Some of these include:
- Car accidents
- Workplace accidents
- Chemical explosions
- Dangerous drugs
- Medical malpractice
- Daycare accidents
- Intentional acts/crime
Regardless of the type of accident in which your loved one was killed, Nevada personal injury lawyers can handle your case. They will more than likely have to prove negligence, no matter what the basis for the claim.
How Does Your Las Vegas Personal Injury Lawyer Prove Wrongful Death?
In order to recover in a wrongful death suit in Nevada, your Las Vegas injury lawyer will have to prove that the defendant was responsible for the death. This usually requires your lawyer to prove that the defendant was negligent.
In order to do this, your lawyer will have to prove four (4) things:
- The defendant owed your loved one a duty of care
- They breached this duty
- Your loved one died
- His or her death was caused by the defendant’s breach
For the most part, it’s not that difficult to show the defendant owed the victim of duty of care. We’re all held to a certain standard of behavior. For example, all drivers owe a duty of care to other people on the road. As drivers, we’re required to obey all traffic laws and use common courtesy.
It’s also not that difficult that prove that your loved one died as a result of his or her injuries. Your Nevada personal injury lawyer will submit medical records to show this. They’ll also use expert witnesses if necessary.
The hardest part is proving that the defendant breached their duty of care. There are several ways of doing this, depending on the type of accident. Some examples of a breach of duty include:
- A doctor prescribes a drug that your loved one had a deadly allergy to
- A drunk driver hits your spouse head-on, killing him instantly
- A car manufacturer designs a car that explodes when a certain part of the car is hit
- A hotel has a deep in-ground pool open to children but no lifeguard on duty, causing your child to drown
Contact a Personal Injury Lawyer in Las Vegas Today
If your loved one has been killed in any sort of accident, you may have a wrongful death claim. Call and speak with an experienced personal injury lawyer in Las Vegas today to discuss your case. Your family may be entitled to compensation. The initial consultation is free and you pay nothing until you settle your case.