How to pursue a wrongful death lawsuit if you lost a loved one
A Las Vegas attorney explains how to pursue a wrongful death lawsuit if you lost a loved one due to someone else's negligence.
Losing a loved one is an emotionally devastating experience for most people. This is especially true when finding out that your loved one's death could have been prevented.
Fatalities that are linked to negligence are often caused by:
- Car and truck accidents
- Pedestrian, bicycle and motorcycle accidents
- Workplace accidents
- Slip and falls on business or private property
- Violent assaults and negligent security
- Medical malpractice
- Dangerous and defective products
- Nursing home abuse and neglect
How can I pursue a wrongful death lawsuit?
A wrongful death lawsuit is a civil action in which the family of a deceased person can pursue compensation for their losses. In Nevada, the statute of limitations to file a wrongful death lawsuit is two years.
In order to have a solid wrongful death lawsuit, each of the following must be proven:
- Negligence led to your loved one's death. This must be a careless or reckless action or failure to act in a way any responsible or prudent person would have acted in the same situation.
- The defendant breached his or her duty of care. The defendant in a wrongful death lawsuit must have owed a duty of care to the deceased person. Here are some examples of duty of care:
- Drivers have a duty of care to drive in a reasonable manner and stay attentive, sober and alert.
- Medical health professionals have a duty of care to treat patients in a way that will prevent injury or death.
- Store owners and managers have a duty of care to ensure that all walking areas are free of clutter, debris and slipping hazards.
- The negligence that led to your loved one's death must be proven. In a wrongful death lawsuit, there is a burden of proof. The plaintiff must prove that there was a link between the defendant's negligence and the deceased person's death. An in-depth investigation will be needed to prove that negligence occurred.
- Substantial damages must have been accrued. The negligent actions of the defendant must have caused damages for the deceased person, you and your family.
Who can bring a wrongful death lawsuit?
Only the deceased person's estate or closest surviving family members can bring a wrongful death lawsuit. This includes:
- The spouse and/or children of the deceased person
- Adopted children or step-children, only if they can prove to the court that they were dependent on the deceased person
- The domestic partner if the deceased person was in a domestic partnership
- Siblings if the deceased person is unmarried and childless
- Parents of the deceased person if the deceased person was a minor child
What types of damages can I recover?
The types of damages you are eligible to recover in a wrongful death lawsuit include:
- Loss of:
- Future and potential financial earnings the deceased person would have gained had he or she still been alive.
- Pension plans and medical coverage the deceased person owned or obtained.
- Guidance, care, consortium, protection and companionship the deceased person would have provided had he or she still been alive.
- Inheritance linked to the deceased person's death.
- Medical, funeral and burial expenses connected to the deceased person's death.
- Mental anguish, emotional trauma, pain and suffering, and loss of enjoyment of life sustained by the plaintiff.
Contact an experienced wrongful death attorney to get started
Lasso Injury Law understands the pain and suffering you may be going through after losing a loved one. The last thing you need is to deal with the complexities and frustrating legal challenges brought about by your case. Our experienced and compassionate legal team will sort out it for you and fight for justice on your behalf.
Our attorneys will launch a thorough investigation into your loved one's death and gather the evidence needed to prove that the defendant was negligent. We'll also negotiate for a fair financial settlement and prepare your case for trial if a settlement can't be reached. To get started, contact our Las Vegas law firm and schedule your free consultation.