Wrongful Death

Losing a loved one is one of the most difficult experiences anyone can endure. When that loss is caused by the negligence or intentional actions of another, the pain and anger can be overwhelming. In such cases, you may be entitled to seek justice through a wrongful death claim.

What is Wrongful Death?

Wrongful death occurs when a person dies as a result of another party’s negligence, recklessness, or intentional wrongdoing. This can include:

  • Car accidents caused by drunk, distracted, or reckless drivers
  • Medical malpractice, including surgical errors, misdiagnosis, and medication errors
  • Workplace accidents, including those in construction, manufacturing, and transportation industries
  • Defective products, such as faulty machinery, pharmaceuticals, or consumer goods
  • Nursing home abuse or neglect
  • Criminal acts, such as murder or assault

Who Can File a Wrongful Death Claim?

In Nevada, only certain individuals are eligible to file a wrongful death claim. For instance, the surviving spouse or children of the deceased can bring a wrongful death claim. If there are no surviving spouse or children, then the parents of the deceased person can bring a wrongful death claim. A personal representative of the deceased’s estate and a person who proves to the court that they were dependent on the deceased may also bring a claim.

Negligence

To succeed in a wrongful death claim based on a negligence theory, you must prove that the defendant was negligent. Negligence can be established by showing that the defendant owed a duty of care to your loved one, that they breached that duty, and that the breach caused your loved one’s death.

For example, if your loved one was killed in a car accident, you may be able to show that the defendant driver was negligent by proving that they were speeding, distracted, or under the influence of drugs or alcohol at the time of the accident.

Wrongful Death Damages

Wrongful death claims are intended to compensate surviving family members for the losses they have suffered as a result of their loved one’s death. Damages may include:

  • Lost Income: One of the primary factors in determining pecuniary loss is lost income. This refers to the income that the deceased would have earned had they not died. This can be calculated based on their previous income, their future earning capacity, and other factors such as benefits and retirement savings.
  • Medical and Funeral Expenses: Another factor to consider is medical and funeral expenses. These can be significant and may include hospital bills, ambulance fees, funeral and burial costs, and other related expenses.
  • Household Services: The plaintiff may also be entitled to compensation for the loss of household services. This refers to the value of the services that the deceased would have provided to the household, such as cooking, cleaning, childcare, and home maintenance.
  • Loss of Companionship and Support: The plaintiff may also be entitled to compensation for the loss of companionship and support. This refers to the emotional and psychological impact of losing a loved one, such as the loss of love, guidance, and emotional support.
  • Pain and Suffering: This refers to the pain and emotional trauma experienced by the deceased while the deceased was still alive.

There may be other factors to consider when determining damages, such as the deceased’s age, health, and life expectancy, as well as inflation and the value of money over time.

How Can a Lawyer Help?

A wrongful death claim can be a complex and emotionally charged process. An experienced attorney can help you navigate the legal system and build a strong case on your behalf. They can:

  • Investigate the circumstances of the death to determine liability
  • Identify and gather evidence to support your claim
  • Work with expert witnesses, such as medical professionals or accident reconstruction specialists
  • Negotiate with insurance companies and opposing attorneys
  • Represent you in court

At Roebuck Law Firm, our attorneys have the knowledge, experience, and compassion to help you through this difficult time. We will work tirelessly to hold those responsible for your loved one’s death accountable and secure the compensation you need to move forward.

Frequently Asked Questions

What is a wrongful death claim?

A wrongful death claim is a legal action filed when a person dies due to someone else’s negligence, recklessness, or intentional misconduct. This claim allows the deceased’s family or estate representatives to seek compensation for financial losses, emotional suffering, and other damages. A wrongful death claim lawyer can help you navigate the legal process and fight for justice.

In most states, immediate family members, such as spouses, children, and parents, have the right to file a wrongful death claim. In some cases, extended family members or estate representatives may also be eligible. A wrongful death attorney can assess your situation and determine your eligibility to file a claim.

A wrongful death lawyer provides legal guidance, gathers evidence, negotiates with insurance companies, and represents you in court if necessary. They ensure that you receive the maximum compensation for medical expenses, lost wages, funeral costs, and emotional suffering.

When searching for wrongful death lawyers, consider their experience, client reviews, success rate, and specialization in wrongful death cases. Schedule consultations to discuss your case and choose a lawyer who is compassionate and aggressive in pursuing justice.

Compensation in a wrongful death case may include:

  • Funeral and burial expenses
  • Medical bills related to the deceased’s final injury or illness
  • Loss of income and future earnings
  • Emotional distress and loss of companionship

Pain and suffering
 A skilled wrongful death attorney can help maximize your compensation.

The deadline to file a wrongful death claim, known as the statute of limitations, varies by state. In many states, the timeframe is between one and three years from the date of death. A wrongful death claim lawyer can advise you on your state’s specific deadlines.