The loss of a family member due to the negligence of another party is devastating, especially when the incident leaves you without the financial means to continue to maintain your needs.
At H&P Law, a compassionate Henderson wrongful death lawyer is dedicated to providing our clients with the clarity and legal expertise they need to navigate this challenging situation properly and effectively with the best possible outcome. If you lost a family member due to negligence, contact our Henderson personal injury lawyer first.
Understanding Wrongful Death in Nevada
Wrongful death occurs when a person, in some way, causes the death of another party and falls under the statutes: Nev. Rev. Stat. §41.085. This law makes it clear that if a person dies as a result of the actions of another person, the family members and the estate of that party may be entitled to compensation for the loss. This includes situations such as:
- Intentional acts, such as violent crimes that result in death
- Medical malpractice-related deaths
- Negligence-based deaths, including car accidents
In these situations, the person would not have died if the other party did not act in the way they did. In these situations, the person who was hurt cannot bring the case against the at-fault party, but the law provides a way for immediate family members to take action. A lawsuit must be filed to both establish the liability of the at-fault party and to obtain recovery of damages from the incident.
Determining Who Can File a Wrongful Death Claim in Nevada
Under the state’s laws, several people may be able to file a claim for a wrongful death in the state of Nevada. Our wrongful death lawyer in Henderson can offer specific clarity in your case and provide insight into who can take legal action for various types of losses. Typically, the process follows the following:
- The personal representative of the decedent, the estate executor in most cases
- The surviving spouse or legally recognized domestic partner or, if there is neither of those, then the children of the person who has died
- If none of those parties exist, then the parents of the person who has died can file a claim
- In the case of no parents, spouse, or children, the person’s siblings can file a claim
- In situations where none of these parties exist, it is then possible for the closest family member to take action
The goal of this is to ensure that those who are closely related heirs receive the financial support necessary in the case. Not just anyone can make a claim, and the court will leave the decision to do so in the hands of those on this list in the order described. If you are unsure if you have the right to file a claim, reach out to our wrongful death attorneys in Henderson to find out where you stand.
Understanding Damages in a Wrongful Death Claim in Henderson
Without a doubt, it is critical to examine the losses created by this death fully and to pursue full and fair compensation for them, but this is not simple to do. In nearly all situations, it is best to work with a wrongful death attorney in Henderson from our office to help you navigate the right you have to compensation and what type of compensation that is. Several key factors play a role in this.
The personal representative of the person’s estate has the right to seek out damages related to any losses the deceased party suffered as a result of the incident. These include final medical expenses and reasonable burial and funeral costs. Additionally, if the court determines it is necessary and beneficial, the estate receives the punitive damages awarded in these cases as well.
The family members in a wrongful death claim like this still have the ability to recover damages from the fatal car accident based on how the loss impacts them. In this situation, some examples of those losses may include lost benefits and wages, survivor’s grief, loss of companionship and comfort, loss of affection, and pain and suffering losses experienced prior to death. This is a more complicated area of determining recovery, but it remains one of the most important areas to work with your wrongful death attorney in Henderson from H&P Law throughout your case.
Why Choose H&P Law as Your Wrongful Death Attorney in Nevada?
Our wrongful death lawyer in Henderson, NV, has the tools, resources, and experience to help you navigate the rights you have in any wrongful death claim. Because these are very complicated legal matters where the financial recovery is dependent on the attorney’s ability to prove the validity of every claim, you need to be sure you have a well-qualified person by your side. There are several benefits to working with our Henderson wrongful death attorneys.
- Proven results: Our attorneys have helped others with wrongful death claims to receive the compensation owed to them. We have proven results to show for the work we have done for them.
- Experience in the courtroom: Since many wrongful death claims must go through the court system, it is critical to have a highly experienced attorney by your side throughout that process who is confident in a courtroom setting.
- We fight for our clients: We believe that your future is dependent on what happens in this case, and we use our compassion and dedication to help get the results you need.
Our attorneys answer questions and provide guidance you can rely on. If your loved one was lost due to the negligence of another person, allow our team to offer guidance and support. You have nothing to lose in seeking out a consultation.
Schedule a Free Consultation with a Henderson Wrongful Death Lawyer Now
Contact H&P Law now to discuss your case with our attorneys. Our Henderson wrongful death lawyer can provide you with guidance on if you have a case, what the case may be worth, and who is responsible for the losses incurred by your loved one. Contact us now for a free consultation.
