Losing a loved one in a truck accident is devastating. It’s also especially upsetting to discover that their death may have been preventable if it had not been for the wrongful or negligent actions of another. Have a 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 legal process.
Our compassionate and empathetic Henderson truck accident lawyer will seek financial accountability from negligent parties on your behalf. 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.
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How Can Our Fatal Truck Accident Lawyers in Henderson Help With Your Case?
Our Henderson personal injury lawyers will handle the entirety of your fatal truck accident case. We start by listening to your story and investigating the accident to determine all liable parties.
With the evidence we’ve gathered, we will build a compelling case for compensation. We will also handle all communication and negotiations with insurance companies on your behalf.
If we are unable to reach a fair settlement out of court, then we are fully prepared to take your case to trial. Our case results include over $100 million recovered for our clients.
Surviving Family Members Can Demand Justice Following a Fatal Truck Accident in Henderson
Damages can be awarded to surviving family members. In Nevada, typically the decedent’s heirs (such as a surviving spouse or parent) or a personal representative of the estate are eligible to file a wrongful death claim. They may be able to seek both economic damages and non-economic damages for losses like:
- The decedent’s funeral and burial expenses.
- The decedent’s medical expenses.
- The loss of the decedent’s financial support.
- The loss of emotional support.
- The decedent’s pain and suffering.
- Any punitive damages that may be awarded
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 Henderson wrongful death lawyer at H&P Law.
Establishing Liability in Fatal Truck Accidents
Your fatal truck accident attorney 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. Fatal truck accidents can be caused by these negligent actions:
- Speeding.
- Drunk driving.
- Drowsy driving, especially after hours-of-service federal trucking regulations are broken.
- Reckless driving.
- Distracted driving.
- Tailgating.
- Making unlawful turns.
- Failure to yield or stop.
- Road hazards.
- Inclement weather, when drivers do not account for the conditions.
- 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, their 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.
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.
Helpful Evidence for Proving Fault
During their accident investigation, your personal injury attorney may find supporting evidence like:
- Driver logs.
- Black box data.
- Surveillance footage, such as traffic camera or dashcam footage.
- Witness statements.
- Physical evidence from the accident scene.
- Inspection and maintenance records.
- Shipping records, which could prove an overloaded trailer.
- Staff records.
- Expert witness testimony, such as from accident reconstructionists.
- Phone records and GPS data.
- Blood alcohol test results.
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, there are exceptions to these deadlines. 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.
Connect With Our Henderson Fatal Truck Accident Attorneys Today
Nevada law provides ample opportunity for surviving family members to get justice for their deceased relatives. While wrongful death laws can be complex, when you have a Henderson fatal truck accident attorney from H&P Law explaining your rights, you can grieve without being burdened by confusing legalities.
If you are in Henderson or anywhere in surrounding Clark County, our firm will work tirelessly for your family so you can hold the liable party accountable.
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. We work on contingency fees, so you only pay us if we recover compensation for you. When you need legal support and guidance, H&P Law is standing by to help you navigate these difficult times.
