No amount of money can repay a family for the grief suffered as a result of the loss of a loved one. However, a wrongful death lawsuit is the only legal remedy available to find answers, pursue accountability and possibly enable the family to have peace of mind. Harris & Harris Injury Lawyers cannot understand exactly what you are going through, but our Las Vegas wrongful death lawyers can offer our support and guidance during this difficult time.
Harris & Harris Injury Lawyers bring extensive knowledge and experience to every wrongful death case we handle, whether we are up against insurance companies or individuals. However, we also bring a personal touch that is often not available at larger law firms. Because we purposely keep our caseload manageable, we are free to get to know our clients on a personal level, offering them our sincerest condolences and support while pursuing the financial recovery they need.
We handle fatalities resulting from all types of accidents, particularly motor vehicle accidents (such as car accidents or truck accidents), defective product accidents, motorcycle accidents, pedestrian accidents, workplace accidents and construction site accidents. Contact us today to schedule your free case evaluation.
Losing a loved one is always a difficult process. Losing a family member before his or her time can be excruciating and emotionally difficult to deal with, especially if it was caused by someone else in a wrongful death. Here are some common questions regarding wrongful death claims in the state of Nevada. But if you have lost someone due to a wrongful death, make sure you contact a Las Vegas personal injury attorney to help you through the legal process.
A wrongful death claim sues an individual or party in civil court when the intentional, reckless, or negligent behavior of an individual or party results in the death of another person. It is similar to a personal injury claim but as the injured party is no longer with us, the claim is carried out by the injured party’s loved ones to establish liability and seek damages from the responsible party.
As a wrongful death claim is a civil lawsuit, it may be filed even if a criminal case for the same party is underway. A civil lawsuit means the only consequences on the responsible party will be monetary – no one will go to jail or be forced to do community service because of a wrongful death claim. Winning a wrongful death suit does not constitute as a criminal charge.
Under Nevada law, any individual who may be considered an heir or personal representative of the deceased party may file a wrongful death claim. This may include:
Other parties may be allowed to file a wrongful death claim if it can be shown that they depended on the deceased person at the time of death. This may include stepchildren or stepparents that the deceased party supported financially or otherwise. Speak to a Las Vegas wrongful death lawyer if you think you should file a wrongful death claim.
In wrongful death claims, there are two types of damages: special damages and penalties. The following compensation may be sought:
Funeral costs vary greatly depending on the circumstances and location of the burial. The amount of financial compensation that may be sought for funeral costs are determined based on what is “reasonable.” This is a very subjective rule, so it’s important to factor in the deceased individual’s will and funeral wishes.
Loss of consortium means the deprivation of a familial relationship. It is compensation sought for the deprivation of loved ones of the deceased party’s company and affection. Some jurisdictions in Nevada do not allow people to seek loss of consortium damages after the loss of a loved one. This topic can get complicated so it’s best to consult an experienced wrongful death attorney for advice.
As it is impossible to quantify the cost of pain and suffering or future wages, there are several elements that are taken into account regarding the deceased at the time of the incident. These elements include:
This is a very complicated aspect in determining damages as it is an attempt to estimate how long the deceased would have lived if the incident in question had not occurred. This is a hypothetical and theoretical puzzle that includes factors such as the physical and mental health at the time of death. It can also include the deceased habits and the health and age of death of his or her parents.
Punitive damages are monetary fines paid by the responsible party as a punishment for their particularly bad conduct, such as intentional or reckless behavior. This is a way for the responsible party to pay additionally for their behavior as well as a way for the state to send a message to other civilians that egregious behavior will be severely punished.
There is no cap on damages that cover direct costs, such as medical expenses and loss of wages. The cap for damages such as pain and suffering and loss of consortium collectively is $350,000 for cases involving medical malpractice in the state of Nevada.
In the state of Nevada, a wrongful death claim must be filed within two years of the date of the deceased person’s death.
It is very important to seek knowledgeable legal advice from a wrongful death attorney when wishing to bring forth a wrongful death claim. Having an attorney who understands the process and is motivated to help you get the financial compensation you and your family deserve.
Our Las Vegas wrongful death attorneys know that handling the legal aspects of a wrongful death lawsuit can be burdensome when you are grieving and learning how to move on. However, we also know that managing day-to-day tasks and finances can be challenging when a loved one suddenly dies – especially when that loved one was a primary wage-earner for your family. Our law firm handles the legal issues so that you can focus on your family. Our wrongful death attorneys in Las Vegas seek compensation on your behalf so that your family is not as financially impacted by the fatal accident.
A real example: A husband and father of three children, working for a well-known Las Vegas landscaping company, was his family’s primary breadwinner. Unfortunately, his car was t-boned by a vehicle that had run a stop sign, causing a rollover accident. He was killed in the crash. Due to the prompt, diligent attention our firm gave the wrongful death case, filing a lawsuit was unnecessary. We obtained a $950,000 wrongful death settlement on behalf of the family, which was structured to provide necessary income to the family for years to come.
Losing a loved one can be one of the most challenging and emotionally difficult times in your life. At Harris & Harris Injury Lawyers, our law firm believes everyone deserves justice. Give us a call at (702) 384-1414 or contact us online to schedule a free consultation about a wrongful death accident.