What is a wrongful death claim?
If you’ve lost a family member due to someone’s careless or intentional action, you may be able to bring a special kind of lawsuit known as a Wrongful Death Claim.
Depending on the specifics of Nevada’s laws, a close relative or a representative of the deceased’s estate can qualify to file this kind of law suit. And as with a standard personal injury claim, the plaintiff in a wrongful death suit must clearly establish liability by showing exactly how the defendant’s conduct caused or played a key role in the deceased person’s death.
In some cases, the filing party can recover for the physical pain and emotional trauma their loved ones suffered from the moment of the accident until death. If the wrongful death lawsuit is successful, family members who depended on the deceased person for emotional and financial support can usually get compensation for those losses. Funeral and burial expenses are almost all recoverable.
Keep in mind that Nevada has a strict time limit of two years for filing a wrongful death lawsuits. An experienced attorney like Matt Dion can help you determine if you’re entitled to make a claim.
FAQs
What are the chances of winning a wrongful death suit?
The chances of winning a wrongful death suit depend on factors like the strength of evidence linking the defendant’s conduct to the death. It is advised to seek legal counsel, like Matt Dion, to understand the potential of your case.
What are the most common causes of wrongful death?
Wrongful death can result from various scenarios, including car accidents, medical malpractice, and intentional harm. It is defined by someone’s careless or intentional action causing the death of another.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim seeks compensation for the losses suffered by the deceased’s relatives, while a survival action seeks damages for the pain and suffering experienced by the deceased from the time of injury until death.
What is the difference between wrongful death and accidental death?
While both involve loss of life, a wrongful death claim asserts that someone’s negligence or intentional action caused the death. Accidental death, on the other hand, refers to an unintentional incident causing death, not necessarily involving wrongdoing.
Who gets the money in a wrongful death lawsuit?
In a successful wrongful death lawsuit, compensation is typically awarded to the family members who depended on the deceased for emotional and financial support. Funeral and burial expenses are usually recoverable too.