Finding out that you have unexpectedly lost a cherished family member in a commercial truck wreck can be devastating. But you may be especially upset and angry to discover that their death may have been preventable if it had not been for the wrongful or negligent actions of another. Have a knowledgeable Henderson fatal truck accident lawyer with H&P Law put our decades of legal experience to work for you so you can mourn your loss without the burdens of a complicated tort claim.
Wrongful death claims can be emotionally taxing when you are still grieving. Thankfully, you do not need to handle it on your own when you enlist the services of a compassionate and empathetic Henderson truck accident lawyer. Contact our office to schedule a 100% free consultation today and discuss liability, opportunities to demand justice for your loved one, and potentially recoverable damages.
Our Top Priority Will Be Establishing Liability
Your personal injury lawyer in Henderson will need to carefully evaluate the cause of the collision to determine who should be held accountable. Instead of filing a personal injury lawsuit, your loved one’s fatal truck accident will be considered a wrongful death claim if someone else’s negligence or misconduct was the cause of the accident. Fatal truck accidents are often caused by:
- Speeding
- Driving while intoxicated
- Drowsy driving
- Reckless driving
- Distracted driving
- Tailgating
- Making unlawful turns
- Failure to yield or stop
- Road hazards
- Inclement weather
- Defective vehicle parts
- Lost cargo
The cause of the collision will help your Henderson fatal truck accident attorney figure out who is responsible. If negligent driving caused your loved one’s death, we may have grounds for a claim against the truck driver, trucking company, and other relevant parties. Only an intensive investigation will uncover the identity of all those who share blame for the fatal injuries your family member sustained.
We Must Take Note of Nevada’s Wrongful Death Laws
Nevada’s wrongful death statute can be found under Nev. Rev. Stat. §41.085. Here, if one party is responsible for causing the death of another due to negligence, an intentional act, or malpractice, you may have the right to pursue legal action against them. It does not matter whether they were intentionally causing harm or did so accidentally.
If it were not for the defendant’s conduct, your relative may not have succumbed to their injuries. Although wrongful death claims are a type of personal injury lawsuit, many nuances make them more complex than traditional injury claims. Here are some of the specific wrongful death laws and regulations you should be aware of if you are interested in pursuing your legal options further:
The Statute of Limitations
The statute of limitations for wrongful death claims is generally two years from the date of the decedent’s death under Nev. Rev. Stat. §11.190(4)(e). However, these laws were recently updated in October 2023. Your fatal truck accident attorney in Henderson will review the specific details of your case to ensure your claim is filed before time runs out.
The Burden of Proof
The burden of proof in wrongful death actions is different than it is in any type of criminal case. Wrongful death claims are considered a personal injury or civil action, so the burden of proof is based on a preponderance of the evidence, not beyond a reasonable doubt. Essentially, your fatal truck accident lawyer in Henderson must introduce compelling evidence that convinces the jury that the defendant is the most likely liable party.
The Authority to File the Claim
Before you can file a fatal truck accident claim, you need to be sure you have the authority to do so. Only specific parties have the right to file wrongful death action under Nevada law. These parties include:
- The decedent’s personal representative or executor of their estate
- The decedent’s surviving spouse, children, or domestic partner
- The decedent’s parents, if the deceased did not have a surviving spouse or children
- The decedent’s siblings if the parents have passed away, or there is no surviving spouse or adult children
- The next closest relative if the decedent does not have any surviving siblings, parents, children, or surviving spouse
Surviving Family Members Can Demand Justice Following a Fatal Truck Accident in Henderson
Damages can be awarded to both the decedent’s estate and surviving family members. If the decedent’s personal representative is tasked with filing the wrongful death lawsuit, the estate can receive compensation for a variety of damages. These might include:
- The decedent’s funeral and burial expenses
- The decedent’s medical expenses
- Any punitive damages that may be awarded
However, if the decedent’s surviving family members file the fatal truck accident claim, they may be entitled to the decedent’s loss of income and benefits, the surviving family member’s grief, loss of companionship and support and compensation for the decedent’s disfigurement, pain, or suffering prior to their death.
You can find out more about which damages may be recoverable in your fatal truck accident claim when you discuss the details of your case with a wrongful death attorney at H&P Law.
Connect with Henderson’s Most Highly Regarded Fatal Truck Accident Law Firm Today
Nevada law provides ample opportunity for surviving family members to do their part to get justice for their deceased relatives. While wrongful death laws can be complex, when you have a skilled Henderson fatal truck accident attorney with H&P Law explaining your rights, you can grieve without being burdened by confusing legalities and listening to excuses from the defense.
Our firm will work tirelessly for your family so you can hold the liable party accountable and get the most out of your claim.
When you are ready to take action but are unsure of where to begin, reach out to a dedicated and experienced personal injury attorney with our firm to schedule a no-cost, risk-free consultation. Complete our quick contact form or call us to get started as soon as today. When you need legal support and guidance, H&P Law is standing by to help you navigate these difficult times.
