Losing a loved one can be a very hurtful and traumatic experience. This can become especially more painful when it happens due to someone else’s carelessness. This kind of experience can leave families broken and even financially burdened for many years to come.
Families may face extreme financial burdens if the deceased is the only provider. For situations like these, every state offers lawsuits for wrongful deaths. Families can file for wrongful death lawsuits and get compensation for their losses.
Many people may say that getting compensation for your loved ones is sinful to even think of. However, this may become an important step for other families.
Here is a complete guide on who can ask for compensation on behalf of the deceased and what type of compensation they can be eligible for.
What is a Wrongful Death Claim?
Definition of Wrongful Death
The definition of wrongful death is when a person dies due to another party’s negligence, recklessness, or intentional misconduct. Some of the causes of wrongful death are as follows:
- Car accidents that occur due to the recklessness of someone
- Medical malpractices caused by the negligence of medical experts
- Workplace accidents that occur due to improper health conditions
- Defective products that may cause adverse reactions or even death
Legal Basis for Filing a Claim
According to Nevada law, only certain family members can file for compensation for the wrongful death of their loved ones.
However, consulting a wrongful death lawyer in Las Vegas, Nevada, is important before filing for compensation. This is important because your lawyer can help you understand why or why not you are eligible for compensation and what you should do to get compensation.
Who Can File a Wrongful Death Lawsuit in Nevada?
Eligible Family Members
According to the law of Nevada, the certain family members of the deceased that can file for compensation are as follows:
- Spouse
- Children
- Parents
- Siblings
- Close Relatives
In some cases, even the deceased’s legal representative can also file a case for compensation.
What Happens If There Are No Immediate Family Members?
In cases where the deceased has no immediate family members, people who were financially dependent on them can also file for compensation. These people are legally eligible to ask for compensation.
However, it is recommended to consult a Las Vegas wrongful death lawyer before filing for compensation.
What Compensation is Available in a Nevada Wrongful Death Lawsuit?
Economic Damages
Some of the economic damage compensation that can be provided in a wrongful death lawsuit in Nevada are as follows:
- The family of the deceased can be provided with medical expenses that occurred before death.
- Insurance providers are also responsible for providing the deceased family with funeral and burial costs if they cannot afford it.
- Financial support is provided to the family of the deceased. This financial support might be the money that the deceased would have provided if he were alive.
- Another important compensation can be the loss of household services such as childcare, maintenance, or home care.
Non-Economic Damages
you can also get non-economic damages are also compensation for your loss. Some of these damages are as follows:
- Compensation can be made for the Pain and suffering endured by surviving family members of the deceased.
- You can also get compensation for the loss of companionship, care, and guidance.
- Emotional distress and mental anguish are also valid reasons for compensation in Las Vegas.
Punitive Damages (If Applicable)
According to Nevada law, punitive damages are also permissible in some cases. Do you know the meaning of punitive damages?
This means that the court may order the wrongdoer or the faulty party to pay extra money other than compensation. This can be done to punish them for their irresponsibility or to teach them a lesson not to repeat such an action again.
The Legal Process for Filing a Wrongful Death Claim in Nevada
Statute of Limitations
Following the statute of limitation while filing for compensation is very important. The statute of limitation defines the timeline between which filing for compensation is valid. This means the time you have after the incident to file for compensation.
If, for some reason, one misses the statute of limitation, the right to ask for compensation automatically becomes null. The statute for restriction in the state of Nevada is up until two years from the death date.
Steps in the Legal Process
Consultation with a Wrongful Death Lawyer
- Consult a wrongful death lawyer in Las Vegas, Nevada, when taking legal action. The reason is that an expert lawyer can explain your rights to you and help you understand what kind of claim you are eligible for.
Investigation & Evidence Collection
- Make sure to gather medical records, accident reports, witness statements, and expert opinions. Having all of this evidence will allow you to strengthen your case.
Filing the Lawsuit
- Once you have gathered all the evidence you will need to file for compensation, you can take them to your attorney. The attorney will formally file the wrongful death lawsuit in a Nevada court.
Negotiation & Settlement
- When a settlement case reaches court, it may take over a year before it gets settled. This can become a great hassle for the insurance providers and even the victim’s family. This is why many cases are settled out of court through negotiations with insurance companies.
Trial (If Necessary)
- As mentioned earlier, If no fair settlement is reached, the case proceeds to trial, where a judge or jury determines compensation.
Why You Need a Las Vegas Wrongful Death Lawyer
There are certain cases in which legal help becomes necessary. Some of the cases or situations are as follows:
Legal Expertise in Nevada Laws
Many of the Nevada laws may be unknown to regular people. Therefore, it is essential to do your complete research before you file for compensation. However, getting legal help can be better for your case and help you understand your own case and your rights on a deeper level.
Handling Insurance Companies
Insurance companies often try to offer low settlements or even reduce payouts. This is why you should never accept the first offer made by the insurance companies. This is also why you should have a skilled lawyer by your side so he can aggressively negotiate to get you the compensation you deserve.
No Upfront Legal Fees
Most firms have no upfront legal fees. The attorneys also work on a contingency fee basis. This means that the attorney will not charge you any fee if they don’t win your case.
After reading this blog, you will be able to understand who can file for compensation after a wrongful death. You will also understand when and why you may need to hire a wrongful death attorney in Las Vegas, Nevada.
So, if you or anyone you know is looking for a wrongful death attorney in Las Vegas, Nevada, reach out to Micheal Hua Injury Firm for a free consultation today!
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