A family member may die as a result of someone else’s negligence. It may be difficult to deal with the emotional trauma of this experience, along with the financial losses you and your family may incur. A Laughlin personal injury lawyer may be able to provide legal assistance during this challenging time and help you pursue compensation from anyone responsible for your loved one’s death.
At H&P Law, our legal team wants to help you however we can following the loss of a family member. Our Laughlin wrongful death lawyer is available to discuss your case and explain your legal options to you. For more information, reach out to us.
Definition of a Wrongful Death
A wrongful death refers to a legal claim relating to the loss of life caused by a negligent party. In this type of case, you may seek damages from an individual or business responsible for another person’s death. Reasons why people file death claims include:
- Car accident
- Motorcycle accident
- Slip and fall accident
- Truck accident
- Work accident
According to Nevada Revised Statutes (NRS) §41.085, there are restrictions on who can file a death claim. You may be eligible to submit this type of claim if you are the child, parent, spouse, or domestic partner of a deceased person (decedent). Also, an executor of a decedent’s estate may be able to file a claim on the grounds of a wrongful death.
Wrongful Death Claim Statute of Limitations
Per NRS §11.190, there is a two-year statute of limitations for death claims. You may have a maximum of two years from the date of someone else’s death to submit a claim for damages. If you do not file your claim within this window, you may not be eligible to do so at a later time.
It may be beneficial to meet with a Laughlin wrongful death attorney if you are weighing the pros and cons of submitting a claim. A wrongful death lawyer in Laughlin may evaluate your case and discuss what may happen if you file a claim. They can also help you calculate your losses.
The legal team at H&P Law has a wealth of experience with death claims. Our wrongful death lawyer in Laughlin will give your case the attention it deserves. For more information, get in touch with us.
Who Is Responsible for a Wrongful Death
The party responsible for a death depends on the case. A wrongful death attorney in Laughlin may examine your case and help you identify the liable party. Examples of defendants in death cases include:
- Business owners
- Car and truck drivers
- Property owners
To receive compensation, you must be able to prove negligence. You must show an at-fault party was legally obligated to avoid careless and reckless acts toward others and violated this requirement. In addition, you must verify this party’s actions led to an accident in which someone you know was killed, and as such, you are now dealing with quantifiable and subjective losses.
Wrongful Death Case Damages
There is no dollar figure that will compensate for the fact that someone has lost their life. An attorney understands this, and they can help you pursue compensation you can use to financially recover from someone’s death. They may encourage you to pursue many types of economic and non-economic damages relating to the decedent in your case, such as:
- Funeral and burial expenses
- Medical bills
- Loss of companionship
- Lost wages
- Pain and suffering
It may be best not to leave anything to chance with your case. To avoid legal complications, you can hire an attorney who has a track record of helping their clients achieve their desired case results. This lawyer is empathetic and caring, and they will advocate for you, protect your best interests, and make sure you are well-equipped to address any legal challenges that arise.
How Much Money You Can Get Based on a Death Claim
Figuring out how much money to request in a death case may be emotionally taxing. An attorney can work with you to ensure you account for the immediate and long-term losses associated with someone’s death. They may review your losses and help you craft an argument designed to show you deserve this amount.
The defendant, in your case, may do everything within their power to avoid paying out damages. They may use comparative negligence in their argument. If they are successful, they may only have to pay a portion of the compensation you initially requested or no damages at all.
With comparative negligence, the damages awarded in a death case may be reduced by the decedent’s percentage of fault. For instance, if a deceased person was 20% at fault for an incident that led to their death, this individual’s family may receive 80% of the damages they originally requested as part of their case. In a situation where the decedent was primarily responsible, their family may not receive any compensation.
Wrongful Death Case Settlement
You may have the opportunity to negotiate a settlement before your death case goes to trial. If the defendant in your case offers a settlement, you may go over it with your lawyer. This may help you decide if it is in your best interests to approve the proposal.
An attorney is focused on what is best for you above all else. They may recommend declining a settlement proposal if they believe it is far less than what you could get if you bring your case to trial. Regardless, you have the final say on an offer, and you may choose to accept it even if your lawyer disagrees.
With any settlement proposal you receive, it may be beneficial to share any questions you have about it with your attorney. Then, your Laughlin wrongful death lawyer can address frequently asked questions and any others relating to your offer. They may help you make a decision on an offer that serves you well long into the future.
Request Legal Help with a Wrongful Death Attorney in Laughlin
At H&P Law, we want to assist you with your death claim in any way we can. Our team is here to address your legal concerns and questions. To schedule a free and confidential consultation, contact us today.
