An unexpected death due to negligence or intentional wrongdoing can cause a family devastating grief. Moving forward after losing a loved one might feel impossible.
Holding the responsible party accountable could offer a grieving family some relief. A North Las Vegas wrongful death lawyer can help you secure monetary damages to help offset the financial hardship caused by your loved one’s death. Our compassionate attorneys at LVNV Legal | Injury Law Firm can help you and your family pursue justice through the civil courts.
According to Nevada Revised Statute §41.085, a death is “wrongful” if it resulted from someone else’s legally liable action. Almost any negligent or intentional act that causes death could lead to a wrongful death action. Fatal vehicle accidents frequently generate these lawsuits. A wrongful death action could also be appropriate if someone dies because of a defective or malfunctioning product or an unsafe condition in a public place.
Wrongful death lawsuits offer families legal recourse when medical error leads to the death of their loved one. Notably, Nevada has enacted specific laws regarding medical malpractice. If your family suffered a death due to a North Las Vegas medical professional’s negligence, you should consult an attorney at LVNV Legal right away.
Sometimes a fatal incident leads to criminal proceedings and a wrongful death lawsuit. For instance, auto accidents that involve extreme recklessness, driving while distracted, or driving under the influence could lead to legal actions in both criminal and civil court.
If there is a criminal case and the defendant is acquitted, the family could still bring a wrongful death lawsuit. A prosecutor in a criminal action must prove the defendant guilty beyond a reasonable doubt. In a civil wrongful death action, you must show that the defendant is guilty by a preponderance of the evidence. Preponderance of the evidence is a much easier standard for a capable attorney to meet.
The law specifies who may bring a wrongful death action. Typically, the plaintiff is a surviving family member such as a spouse, domestic partner, or child. Other possible plaintiffs are a decedent’s parents or siblings. When no close family survives, the Administrator of the decedent’s estate could be the plaintiff. The damages available depend on who brings the wrongful death suit.
When an estate Administrator brings the action, they stand in the shoes of the decedent and could seek the same compensatory damages the decedent could have sought if they had lived. These include medical expenses associated with the event that led to the death and lost income during the period after the incident and before death. An Administrator also could seek reasonable funeral and burial expenses.
A family member could seek all of those damages, plus others relating to their loss of the relationship with the decedent. These include compensation for:
When a family seeks compensation for the decedent’s lost financial contributions, they must offer projections that consider the decedent’s age, education, job history, and future earning potential. A reliable wrongful death attorney in North Las Vegas could engage an economist or other experts to present evidence of the decedent’s future financial contribution.
Moving through your grief is challenging, especially if your family member was taken prematurely because of someone’s wrongdoing. Allow a North Las Vegas wrongful death lawyer to help you secure the damages you deserve to compensate you for the loss of your loved one. Schedule a consultation at LVNV Legal today.
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