When you file a wrongful death lawsuit after your loved one has been killed, you may be wondering how to prove wrongful death in Nevada. Identifying and gathering evidence linking the negligent party’s actions to the deceased’s death may make you feel even more uncertain than you may already be. However, you do not have to figure this out by yourself.
A Las Vegas wrongful death lawyer can assist you with establishing negligence as part of your claim. The team at H&P Law works hard to ensure that the offending party is held accountable and that you receive compensation as quickly as possible. With more than six decades of combined experience, we have a proven track record advocating for our clients and getting them results.
Wrongful Death Defined
When negligence leads to the sudden and preventable death of an individual, surviving family members may have the right to file a wrongful death lawsuit. In these situations, the individual would have likely had the right to file a personal injury claim if they had survived, but since they did not, certain individuals are allowed to seek compensation on the deceased’s behalf. The damages received in a wrongful death lawsuit are intended to reduce the impact on your life in the wake of your family member’s death.
A variety of accidents have the potential to lead to wrongful death cases in Nevada. Vehicle and bicycle accidents, medical malpractice, premises and product liability, and pedestrian accidents could all lead to death if the accident is severe enough. Carelessness and reckless behavior are significant factors in wrongful deaths.
Filing a wrongful death claim is limited to certain individuals close to the deceased. According to NRS §41.085, the deceased’s representative or heirs are entitled to take action and seek compensation. These members could include the decedent’s spouse, children, siblings, or parents.
What Evidence Can Be Used in a Wrongful Death Case
Establishing that your loved one was killed because of negligence can be challenging, and ample evidence is needed to satisfy the burden of proof requirements in such cases. The quantity and quality of your evidence can impact the strength of your case, arguments, and compensation. Part of your lawyer’s job is to gather and comb through all the evidence available to determine which ones are viable options for your legal strategy.
Some evidence is automatically cataloged when law enforcement arrives at the scene of the accident. They will take photos, videos, and witness statements to include in their report, along with notes, diagrams, and an assessment of fault. You should request a copy of the police report after it has been filed, as this is an important piece of evidence in your claim. Medical documentation is also a crucial piece of evidence, along with autopsy results and the decedent’s death certificate.
Other forms of evidence can include testimonies by experts, re-creations, and demonstrations of events, and documentation of all expenses related to your loved one’s death. If additional evidence is needed to support your argument for wrongful death, a lawyer will discuss your options with you to ascertain what other data may be used. In some cases, you may also be required to make a deposition.
Compensation for Wrongful Death Claims Can Help You Move Forward
Once the burden of proof has been satisfied and it has been declared that you are entitled to receive compensation, your losses can be recovered through the distribution of damages. There are a couple of types of damages that serve to make up for the different kinds of losses created by the death of your loved one. In Nevada wrongful death claims, you can recover some of the following:
- Funeral and burial expenses
- End-of-life expenses
- Medical expenses for the deceased
- Lost wages and benefits
- Loss of companionship and guidance
- Trauma
- Pain and suffering
- Emotional distress
- Diminished quality of life
While compensation cannot replace a life, the goal of damages in a wrongful death lawsuit is to ease the financial and emotional difficulties of losing a loved one. Their loss likely left you without resources that you had while they were alive, and a seasoned lawyer helps you recoup these aspects. Types of damages can vary depending on your situation, and your lawyer will advise you on your options.
A Wrongful Death Lawyer Will Guide You Through the Legal Process with Compassion
A wrongful death lawyer is empathetic to what you are going through and will provide you with compassionate service and aggressive representation. They will handle all investigation, evidence, and strategizing so you can focus on healing. They will counsel you on what options you have, what opposing arguments might be, the value of your compensation, and more.
There is a good chance you will run into obstacles when dealing with insurance companies and the at-fault party. They may try to fight the evidence you have, pay you less than what is fair, and use technicalities to avoid paying you at all. A skilled lawyer is prepared for all of this and knows how to combat these attempts and force these parties to pay you.
Additionally, they will establish the components of negligence in accordance with negligence law in Nevada as part of your case. They will also ensure that you do not lose your chance to pursue justice by filing your lawsuit within the state’s two-year statute of limitations period, as stated in NRS §11.190. Your lawyer will oversee all documentation and deadlines necessary to file your claim, as well.
H&P Law Pursues Justice on Your Behalf
H&P Law understands the shock you are likely feeling at the loss of your loved one and may be hesitant to embark on a legal battle. However, when you hire our team, you receive the best care and sound counsel to get you the results you need. Schedule a free consultation today and meet our team to learn more about your options and how we can serve you.
