Understanding the Relationship Between Wrongful Death Claims and Estate Law
At Roebuck Law Firm, we know that the loss of a loved one can be one of the most difficult experiences anyone can face. When that loss is due to the negligence or wrongdoing of someone else, it can be even harder to process. As you work through your grief, you might also be considering legal action to seek justice. This is where wrongful death claims come in—but before you can pursue such a claim, it’s important to understand how it intersects with estate law.
In this post, we’ll explain how wrongful death cases and estate law are connected, and what steps are necessary to move forward with a claim. Our firm has successfully handled numerous cases like these, and we’re here to guide you through every step of the process.
Wrongful Death Claims: Seeking Justice for Your Loved One
A wrongful death claim is a type of personal injury lawsuit filed when someone dies due to another person’s negligent or wrongful actions. These cases can arise from:
• Car accidents
• Medical malpractice
• Unsafe workplaces
• Faulty products
The goal of a wrongful death claim is to seek compensation for the losses suffered by the family, which may include funeral costs, lost wages, and emotional distress. However, before any of this can happen, an estate must be set up for the deceased, as the estate is the legal entity that pursues the claim.
The Role of Estate Law in Wrongful Death Cases
One of the key factors in pursuing a wrongful death claim in Nevada is the necessity of creating an estate. This is because the wrongful death lawsuit is filed by the estate, not by individual family members. Here’s how it works:
Step 1: Establishing the Estate
Before a wrongful death claim can proceed, the first step is to establish an estate for the deceased. This process involves the probate court, which ensures that a legal entity (the estate) is created to represent the deceased’s interests.
Step 2: Appointing a Personal Representative
Once the estate is established, the court will appoint a personal representative (also known as an executor or administrator). This individual acts on behalf of the estate and has the authority to file and manage the wrongful death claim. In some cases, when there is no immediate family member available, a special administrator may be appointed to ensure the process moves forward.
Step 3: Settling the Claim
After the estate is established and a representative is in place, the wrongful death claim can be pursued. The representative is responsible for handling all aspects of the case, including negotiating with insurance companies and legal teams. Any settlement reached or judgment awarded will be paid to the estate, which will then distribute the funds according to the law and the terms outlined in the deceased’s will, if applicable.
Roebuck Law Firm: Experience You Can Trust
At Roebuck Law Firm, we understand that the combination of estate law and wrongful death claims can seem overwhelming. However, with our extensive experience in handling these types of cases in Nevada, we are well-equipped to manage the process on your behalf.
From the first steps of creating the estate to successfully settling your claim, we take pride in guiding our clients through every stage with care and attention to detail. We understand how the system works and can help streamline the legal steps so you can focus on your family during this challenging time.
Key Takeaways for Families
If you’re considering a wrongful death claim after the loss of a loved one, here are the main points to remember:
1. An estate must be established first – This is a legal requirement before a wrongful death claim can move forward.
2. A personal representative will be appointed – This person will handle the wrongful death claim on behalf of the estate.
3. Settlement funds are paid to the estate – Any compensation awarded will be distributed according to the estate’s legal obligations and, when applicable, the deceased’s will.
At Roebuck Law Firm, we have the experience to guide you through both the wrongful death and estate processes seamlessly. Our team has successfully handled numerous cases and helped clients achieve favorable settlements, ensuring justice is served.
How Roebuck Law Firm Can Help
Wrongful death cases are complex, but we are here to help you navigate the legal process. At Roebuck Law Firm, we understand the intersection between personal injury and estate law and have a proven track record of resolving these cases. With our firm, you can rest assured that every aspect of your case will be handled with care and professionalism.
If you’ve lost a loved one due to someone else’s negligence, contact Roebuck Law Firm today at 855-BUCKSSS (282-5777). We’re here to help you pursue justice and provide the support you need during this difficult time.
Please give us a call today for a FREE initial consultation.
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