Losing a loved one is an incredibly sad and difficult experience to endure, and it can be life-altering for those left behind. But when that loss is someone else’s fault, the situation may involve more than just grieving. Here in Las Vegas, NV there are many common reasons why a wrongful death can occur, and it is up to family members to pursue a claim. So, what are the steps involved? What is the best way to go about a potential wrongful death claim while also dealing with grief?
Here’s a look at how you can go about filing a wrongful death claim in Las Vegas, as well as what to expect and some basic tips and advice.
What are the Common Causes of Wrongful Death?
Before you can file a wrongful death claim, it’s important to understand what it is. Wrongful death, by definition, means the death was caused by the negligence of someone else or another entity, meaning someone else is liable. Had it not been for that person’s or entity’s actions, the loved one would still be alive. And while this is a broad definition, the state of Nevada does have laws that pertain to wrongful death suits which providing more specifics.
Wrongful death can occur due to a variety of situations and reasons but the common ones tend to be workplace accidents, medical malpractice, motor vehicle accidents, motorcycle accidents, assault, and premises liability. These can be further grouped into negligence-based accidents, intentional acts, or medical malpractice.
Are You Allowed to File a Wrongful Death Claim?
In Las Vegas, the general guideline is that if you were financially dependent on the person who passed away when they died, you may file a suit. This would include people such as parents, children, a domestic partner, a spouse, or a sibling.
The best way to determine if you fit the criteria and have a legal right to file a wrongful death suit is to speak to experienced attorneys, such as Karns and Karns Personal Injury & Accident Attorneys. Making sure you choose an attorney with a proven track record in wrongful death suits will be important, as this will ensure you get the best advice possible.
It’s Time to File a Claim
Once you have determined whether you are allowed to file a wrongful death claim, it’s time for the labor-intensive part. Your lawyer will need to talk with you at length regarding the circumstances that led to the death. They will be looking at all the facts to determine if you have a valid claim. Certain requirements have to be met to even file the claim in the first place, which your lawyer should be well-versed in.
Your lawyer will also need any supporting documents, medical records, police reports, and so forth.
It’s also important to note that before you file a claim your lawyer will need to look at insurance coverage. Did the person or entity who caused your loved one’s death have insurance coverage for damages? If so, how much is it? A relentless attorney like the ones at Karns and Karns will turn over every stone to make sure all insurance pots of money are identified and brought to the table.
How Does Civil Court vs Criminal Court Affect Your Claim?
One thing that can be rather confusing is that there can be two claims or cases proceeding at the same time. While they both deal with wrongful death, they are separate from each other and therefore can have different outcomes. There is the civil court and the criminal court. The verdicts are independent of each other. This is why you may hear of a person on the news being found innocent of criminal charges but then found liable in a civil case.
Is There a Time Limit?
Another question that loved ones may have is whether there is a time limit to file a wrongful death lawsuit. At the time of the loved one’s death, it’s only normal to be caught up in the emotion and grief of the event. People may not even realize there are deadlines to file a claim until much later when they are further along in the grieving process.
The simple answer is, yes, there is a time limit, but it does allow for a certain amount of time to pass. For those living in Las Vegas, the statute of limitations is two years from the date the person died. All that has to be done within that two-year window is for the case to be filed.
What happens if it has been more than two years? You will need to speak to a lawyer for guidance, but most likely you won’t be allowed to file the claim as the statute of limitations has run out.
What Should Be the Expected Outcome?
After working with your lawyer to gather all the important documents and file the claim, the next question is what the outcome will be. What can you expect? Again, this is something your lawyer can speak to you about, as they will understand your claim.
Some of the compensation or damages awarded could include coverage for medical expenses of the deceased, funeral and burial costs, punitive damages, lost wages, and other benefits. Compensation can also be awarded for such things as the sorrow and grief of the survivor, any pain and suffering the deceased endured before passing, loss of companionship, and more.
There can be several different avenues a lawyer takes with the claim that can result in different types and amounts of compensation. In other words, there are both economic and non-economic damages that may be awarded in the state of Nevada.
When it comes to filing a wrongful death claim in Las Vegas, it’s very important that you don’t just understand what wrongful death is, but the process involved in Nevada. This is exactly why it’s best to speak to a lawyer as soon as possible after your loved one has passed.
