Losing a loved one in an accident is many people’s worst nightmare. Unfortunately, it’s a reality that can occur at any time. And when it happens, survivors may find themselves on overload as they grieve, care for children who are also grieving, deal with insurance companies, and juggle the financial fallout of the accident.
If the accident that took your loved one was caused by someone else’s negligence, you have legal options. Those options won’t bring your loved one back, but they can help right some of the wrongs you are now forced to deal with. They can give you the financial assistance you need to move beyond the tragedy. In this article, our Las Vegas accident attorneys will help you understand these options and how to pursue them.
What Is a Wrongful Death Lawsuit?
The term wrongful death is used in cases where a person dies due to the reckless, intentional, or negligent actions of an individual or business.
Wrongful death lawsuits make sure that the party responsible for the death is held accountable and that those left behind after the death are reimbursed for their economic and non-economic losses.
In Nevada, a wrongful death suit must be filed within two years of the death to be considered.
Common Causes of Wrongful Death
Wrongful death scenarios may be caused by:
- Traffic accidents
- Medical malpractice
- On-the-job accidents
- Defective consumer products
- Criminal actions
- Dangerous premises
Who Can File a Wrongful Death Lawsuit?
Wrongful death laws vary from state to state; some only allow the personal representative of the deceased to make a claim, while others allow anyone who was financially dependent on the decedent (deceased person) to petition for reimbursement.
In Nevada, a lawsuit can be filed by:
- The surviving spouse or partner
- Surviving children
- Parents, if there is no spouse or children
- The personal representative of the deceased’s estate, if none of the above apply
What Types of Compensation Are Available?
The goal of a wrongful death lawsuit is to recover the economic and non-economic damages that occur after the death of a loved one.
Economic Damages
These damages cover economic losses incurred because of the death. These measurable financial losses include such things as:
- Loss of current and future income
- Medical bills
- Funeral costs
Non-economic Damages
Financial compensation can also be awarded for non-economic damages. These intangible emotional losses can include:
- Emotional distress
- Loss of companionship
- Loss of parental support
- Pain and suffering
Punitive Damages
If the plaintiff’s actions were especially egregious, punitive damages may be awarded. The intention of these damages is to penalize the offender and deter them from harming others in the future. Punitive damages may be awarded for cases involving:
- Drunk driving fatalities
- Intentional violence
- Dangerous corporate behavior
- Extreme medical misconduct
How Can You Manage The Pressure From Insurance Companies?
Managing paperwork, phone calls, and demands from insurance companies can be highly stressful. Insurers have one goal in mind: to protect their bottom line. In order to do so, they may take advantage of your vulnerable situation and offer to settle for a much lower amount than would be reasonable. They may be banking on your giving in out of exhaustion or accepting a lowball settlement just to end your financial stress.
In order to protect your interests in the face of high-pressure insurance tactics:
Stay Calm
The most important thing to do when dealing with insurance companies can also be the most difficult. Staying calm and keeping your composure can feel impossible while grieving, but doing so can help you think critically and rationally.
Be Patient
Delays are another tactic insurance companies may use to increase pressure. Avoid rushing into a settlement before you even know how much damage has been done. Let the bills come in and the dust settle before agreeing to anything.
Document Everything
Make sure to keep a log of every interaction, phone call, and email with an insurance agent or company. Request that all agreements and offers be in writing.
Hire an Attorney
You may not be familiar with the full range of insurance tactics, but a good attorney will be. They can protect your rights in the face of intimidating or underhanded practices and make sure you are fairly compensated.
How Can an Attorney Help?
An experienced attorney can help you:
- Investigate liability
- Negotiate with insurers
- Manage legal procedures
- Stay on top of filing deadlines
- Calculate damages
- Know whether to settle out of court or go to trial
- Represent you in court
Depending on how your loved one died, various attorneys offer different specialties, ranging from auto accident attorneys to premises liability attorneys. Contact them and ask about their experience with wrongful death lawsuit claims and their processes for helping you gather evidence and win your case.
If you find yourself in the nightmare of losing someone you love in an accident, know that you don’t have to fight the battle alone. Tingey Injury Law Firm has been advocating for the rights of grieving families in Las Vegas for over 50 years. We can guide you toward the results that you deserve.