Am I Allowed to File a Wrongful Death Claim for My Loved One?
Posted by: albright on Fri, Sep 06, 2019Share this post
Wrongful death claims in Nevada are essentially the most severe of personal injury cases. Nevada law allows for both the decedent’s estate and the immediate family to file wrongful death actions when the primary decedent has died due to the negligence or wrongful act of an another party or multiple parties. The mere fact someone died in an accident is not always sufficient for a wrongful death claim standing to exist. There mus be some extenuating evidence to the fact that proves the defendant acted with malicious intent or gross negligence on some level. The dynamics of a wrongful death claim in Nevada can be much more inclusive than a personal injury claim, and can include damages for dependent children as well as spouses or other family members in certain situations. The details of the case have a great impact on the final outcome, and it is always vital to have an experienced personal injury law firm in Vegas like the legal professionals at Albright Stoddard Warnick & Albright LV wrongful death lawyers representing the cases.
Decedent Estate Claim
The decedent estate claim will include standard financial recovery for medical bills, lost wages when they apply, and general damages for pain-and-suffering during the time between the injury occurrence and the eventual death. The proceeds generated in the estate claim are considered the property of the decedent and could be subject to inclusion in the probate process.
The elements of the family claim differ from the estate claim with respect to claimable items and asset ownership. The family can claim items such as recovery for loss of consortium, loss of a relationship, lost financial support for any dependents, and possible punitive damages based on the level of negligence and the material case factors. Punitive damages can only be assigned by a jury in a trial, but an experienced personal injury law firm in Vegas can use the potential as leverage in obtaining a significantly higher settlement from the defendant to avoid an overwhelming jury assignment. The assets are assigned property of the family.
Contact a Personal Injury Law Firm in Vegas
Wrongful death claims can be very complicated and strongly defended legal matters. Nevada residents should always contact Albright Stoddard Warnick & Albright LV wrongful death lawyers for comprehensive representation.