When a person dies because of the negligence of another individual or larger entity, the surviving family members are often interested in pursuing litigation to recover compensation for their loss. Personal injury attorneys are an important part of this endeavor. Read on for how families of wrongful death victims can achieve justice.
Understanding Wrongful Death Claims
When a person dies due to the negligence of another person or entity, then the surviving family members of the deceased may have legal recourse to recover monetary compensation for their loss. Wrongful death claims involve many different types of fatal accidents, from relatively straightforward car crashes to more complex cases of medical malpractice or product liability for defective products.
Individuals, companies, and even government agencies can be found legally at fault for the death of another person, if their death was due to the defendant’s negligence. Next, we turn to an overview on who can file a lawsuit in cases of wrongful death.
Eligibility for Filing a Wrongful Death Lawsuit
Only certain individuals are eligible to file a wrongful death lawsuit on behalf of a deceased person. Personal injury attorneys in these cases act as representatives on behalf of the survivors (sometimes called “real parties in interest”) who have suffered financial and emotional damages as a result of the person’s death. Examples of people who can sue for wrongful death of another person in Nevada include:
- Immediate family members. Spouses and children (including adopted children) and parents of unmarried children can be eligible for recovering compensation through wrongful death litigation.
- The deceased person’s personal representative, also known as the executor or administrator of the deceased person’s estate.
It is important to note that the perpetrator of the death, regardless of who it is, is barred from bringing forth a wrongful death suit or benefitting from any compensation awarded to the plaintiffs.
Recovering Compensation in Wrongful Death Cases
In wrongful death cases, a personal injury attorney can help the plaintiffs recover compensation for a variety of economic and noneconomic expenses associated with the passing of a loved one. Examples of economic costs that can be recovered through litigation include:
- Loss of financial support. If the deceased person was the primary income earner for the family, then the surviving family members may be entitled to monetary damages to compensate for this loss of income.
- Medical bills. Many individuals may not understand that the medical bills associated with a death can be substantial, creating an undue financial burden on surviving family members.
- Funeral bills and burial costs. The average funeral cost in the United States is approximately $7,848.
In addition to economic costs, there are noneconomic costs to the death of a loved one. These include loss of companionship, the survivors’ mental anguish, and the pain and suffering endured by both the deceased person and their survivors.
Professional Legal Counsel in Las Vegas
For years, the attorneys at H&P Law have been helping the family members of those who died due to another person’s negligence in Las Vegas and throughout Nevada. Recovering compensation in these cases can be complex, and often require experienced legal counsel. Contact H&P Law today to discuss your case.
