The death of a loved one is devastating in any circumstance, but particularly when it was caused by the negligence of another person and could have been avoided. Nothing can replace your loved one or make up for your grief, but you can file a wrongful death lawsuit to get compensation for your losses. The last thing you need if you are trying to work through the pain of wrongful death is the temporal burden from funeral costs, medical bills, or loss of income and benefits. You may also be able to receive compensation for pain and suffering and loss of consortium (loss of relationship).
You can think of a wrongful death claim like a personal injury claim—except that the claimant is no longer alive to advocate for himself. You are acting on behalf of the deceased person to establish liability and recover damages.
The laws surrounding wrongful death lawsuits vary from state to state. Here’s a closer look at Nevada regulations:
- Wrongful death definition. To qualify for a wrongful death claim in Nevada, the death in question must have been caused by the intentional, reckless, or negligent behavior of another party.
- Filing authority. Wrongful death claims are civil lawsuits. They must be filed by a personal representative of the deceased person and result in monetary compensation. If criminal activity precipitated your loved one’s death, your lawsuit will be different. A prosecuting attorney will need to file a criminal charge, which may lead to incarceration, probation, or other consequences.
- Time restrictions. In Nevada, you have two years from the date of the wrongful death to file your claim. If you are edging up against that two-year deadline, enlist the services of a wrongful death accident attorney in Las Vegas to help expedite your case.
- Special damages. Claimants can seek compensation, known as “special damages,” for property damage (wrecked car, etc.), medical expenses (from the deceased person’s illness or injury), funeral and burial costs, lost income, lost benefits, loss of companionship, and loss of benefits to heirs.
- Punitive damages. Some claimants may be able to press for additional penalties or punitive damages. Whereas special damages compensate people who depended on the deceased person, punitive damages are designed to punish bad behaviors that led to the death. Punitive damages serve to discourage these egregious behaviors.
If you are reeling from the effects of the wrongful death of a loved one, contact Tingey Injury Law Firm. We can help you get the compensation that you deserve while you focus on healing from your losses and moving forward in a healthy way.