When a loved one is lost because of the wrongful actions of another person, it can feel as if the world around you is crumbling. In addition to the extreme amounts of grief and anguish that you are experiencing, you may have questions about what comes next – How will you raise your children on your own and maintain a job? How will you account for your spouse’s lost wages? Will you lose your home because you cannot make your mortgage payments?
While thinking about these things can be painful, they are important considerations to make and questions to ask. At the firm of Naqvi Injury Law, we can work with you to help you to understand the financial losses that you are currently facing and may face in the future, as well as how filing a wrongful death lawsuit can help you to recover the damages you need. If you have lost a loved one as a result of someone else’s negligence, contact our experienced Paradise wrongful death attorneys today to schedule your free consultation.
Not everyone has the right to file a wrongful death claim after losing a loved one in Paradise. Instead, Nevada statutes specifically state that only heirs and personal representatives of deceased persons may bring forth a wrongful death action. Per NRS 41.085, “heir” means a person who would have been entitled to property of the decedent had the decedent died intestate. Typically, this means a spouse, children, or parents of the deceased when neither spouse nor children exist. In some cases, the term may apply to siblings.
A wrongful death claim may be brought when the decedent would have been able to pursue a personal injury action against the defendant had the injuries not resulted in death.
In order to recover compensation in a wrongful death claim, the plaintiff in the suit is responsible for proving that the death of the decedent would not have occurred but for the wrongful or neglectful actions of the defendant. Further, the plaintiff must prove that the defendant owed the decedent a duty of care, and that this duty was breached. Consider the example of a drunk driver who hits a pedestrian, killing them. The family members of the pedestrian must establish that the drunk driver owed the pedestrian a duty of care (which is often implied in accidents involving motor vehicles), that the driver breached that duty of care because they drove drunk, that the act of intoxication was the direct cause of the accident, and that the accident resulted in the pedestrian’s death and losses, economic or otherwise, to the plaintiff.
While filing a wrongful death claim can be difficult to do from an emotional standpoint, it is often the best way to recover the compensation that your family needs to move forward and support themselves in the future. Under Nevada law, the damages that are recoverable in a wrongful death claim include compensation for:
It is important that you bring forth you cause of action within the time frame required by Nevada law. The statute of limitations for filing a wrongful death lawsuit is two years from the date of death. This is not two years from the date of accident. For example, if a car accident happened three years ago, but the death happened one year ago, you have one more year to file your suit in civil court.
In some cases, proving the existence of a duty of care, breach of duty of care, and causation and damages is straightforward (i.e. the example of the drunk driver above). In many other cases, however, negligence, causation, and damages can be difficult to establish. When you have lost a loved you, you need an experienced Paradise attorney on your side who can gather evidence, build your case, and negotiate for the settlement that you deserve.
At the law firm of Naqvi Injury Law, our talented Paradise wrongful death attorneys are ready to help you. To schedule your no cost, no obligation case review today, call us directly or tell us more about your case using our online form.