If a family member is killed in an auto accident in Henderson, NV caused by a negligent driver, you may be able to hold this motorist accountable. To find out if you can, consult with an attorney. When you meet with a Henderson car accident injury lawyer, you can go over all of your legal options and determine the best course of action.
For those who want to pursue compensation after a fatal car accident, H&P Law can help. Our Henderson personal injury lawyer can review your case. Contact us today to get started.
Who Can File a Fatal Car Accident Claim
Per Nevada Revised Statutes §41.085, a personal representative or heir of a deceased individual (decedent) may have the right to submit a wrongful death claim. There are several elements that you must be able to prove to get damages in this type of case. These elements are:
- A person died.
- The death was the result of another person’s negligence.
- The plaintiff who is submitting the claim is a personal representative or heir of the decedent.
- The plaintiff suffered economic or non-economic losses due to the death.
A Henderson fatal car accident attorney understands all aspects of wrongful death cases. They can learn about your fatal automobile crash. If you have a valid claim, they can help you submit a request for compensation.
Based on Nevada Revised Statutes §11.190, there is a two-year window for filing a fatal auto accident claim. You have up to two years from the date of a car crash and fatality to submit a request for damages. If you decide not to request compensation from any at-fault parties during this period, you cannot do so at a later date.
Who Is Responsible for a Fatal Car Accident
In many instances, the driver of the other car is at fault for a fatal car collision. For example, a driver can get distracted behind the wheel and cause a multi-vehicle crash. If any other motorists or pedestrians are hurt or killed in the collision, the driver who caused the crash may be required to pay damages.
A court may award economic compensation, non-economic damages, or both in a fatal auto crash case. There can be instances where exemplary and punitive damages are also provided. These damages are given out if a court wants to deter an at-fault party from future negligent acts.
Economic compensation is awarded for quantifiable losses, such as loss of income or a decedent’s funeral and burial costs. Non-economic damages may be provided for loss of companionship or other subjective losses. A court will only award damages if a plaintiff proves that an at-fault party was negligent, which led to a wrongful death.
How to Prove Negligence in a Fatal Car Accident Lawsuit
The burden of proof in a fatal automobile collision case is high. You can use photos and videos from an auto accident scene, police reports, eyewitness accounts, and other evidence to prove negligence. Hiring a fatal car accident lawyer in Henderson is also important.
A fatal car accident attorney in Henderson understands what pieces of evidence are most important. They can use evidence to build an argument designed to show that the defendant was negligent and caused a wrongful death. Along with this, the lawyer can work with their client to dispute any claims that the defendant could make against them.
If you want to prove negligence in a fatal vehicle collision case, the team at H&P Law can assist. We can take a look at your case and provide you with legal advice that you can trust. To learn more, reach out to us.
How Much Compensation You Can Get in a Fatal Auto Accident Lawsuit
The damages that you receive in a fatal car crash lawsuit depend on your case itself. Typically, the financial and emotional toll of an auto accident in which someone was killed is significant. An attorney can examine your losses and make sure that your claim is submitted accordingly.
You can make a wrongful death claim against an at-fault driver’s insurance company if you are the personal representative or heir of the decedent. The insurer may be able to cover 100% of the losses associated with the crash. If they cannot, you can submit a claim on the grounds of a wrongful death.
It may be possible to settle a wrongful death lawsuit without having to go to court. However, unfair claims settlement practices are common. If you are not careful, the defendant in your case or their insurance company may push you to accept a settlement that is well short of the losses that you have incurred.
How a Fatal Auto Accident Lawyer Can Help You Get a Fair Settlement
An insurance adjuster may try to take advantage of you in a fatal auto accident case. The adjuster wants to help their company save money, even if it means you do not get fair compensation based on a wrongful death. In addition, the defendant, in your case, wants to avoid fault for an accident since they may be forced to pay a substantial amount to cover your losses.
If you hire a fatal auto accident attorney, you may be better positioned than ever before to get a higher settlement than you would be if you do not work with a lawyer. Your attorney understands the ins and outs of Nevada’s wrongful death laws. They can apply what they know to your case.
Your lawyer can help you decide between settling a case or going to trial, too. If your attorney believes a defendant has offered a reasonable settlement, they can let you know. On the other hand, if your lawyer believes it is in your best interests to move forward with a trial, they can make sure that you are fully prepared for your courtroom proceedings.
Partner with a Henderson Fatal Auto Crash Lawyer
There is no need to leave your fatal auto crash lawsuit to chance. H&P Law is courtroom-proven, and we are here to help you settle or win your case. For more information, get in touch with us.
