If a family member dies in a truck accident, the loss of your loved one can impact you long into the future. It may be tough to deal with the ramifications of your loved one’s death. With help from a Laughlin fatal truck accident lawyer, you can pursue damages from any liable parties.
The team at H&P Law has more than 60 years of combined legal experience. Let our Laughlin truck accident lawyer review your case and go over your legal options with you. Contact us today to get started.
What to Do After a Fatal Truck Accident
You cannot change the fact that a family member died in a truck accident. Fortunately, you may be able to file a claim for damages on their behalf. By meeting with a Laughlin personal injury lawyer, you can find out if you have a valid claim for compensation.
Based on Nevada Revised Statutes (NRS) §41.085, you may submit a wrongful death claim if you are an heir or personal representative of a deceased person (decedent). An heir can include a spouse, child, or sibling of a decedent. Alternatively, an individual can name a representative in their will, and this person can ask for damages in a death claim.
At H&P Law, we understand what can happen in a wrongful death case. Our Laughlin fatal truck accident attorney will represent your best interests throughout your litigation. For more information, reach out to us.
When to File a Claim
In terms of the Nevada statute of limitations for wrongful death, there is a two-year window for you to file a claim on behalf of a deceased individual. If a family member is killed in a truck accident caused by a negligent party, you have up to two years to seek damages. After this window closes, you could be ineligible to request compensation.
A fatal truck accident lawyer in Laughlin can file your claim promptly. They will help you calculate your losses, making sure that you request fair and reasonable damages. Your attorney may encourage you to ask for economic and non-economic compensation.
You may receive economic damages based on a decedent’s burial and funeral expenses, medical bills, and other quantifiable losses. A judge or jury can award non-economic damages for pain and suffering and other subjective harm. Your lawyer will look for ways to show a judge or jury that you deserve 100% of the damages that you are requesting.
Who Is Responsible for a Fatal Truck Accident
Your fatal truck accident attorney in Laughlin can teach you about negligence and its elements. In a truck accident, a trucker, their employer, or another party may be liable. To prove this party was negligent, you must show that the following elements were present at the time of the accident:
- Duty of Care: There was a legal requirement for a party to avoid reckless and careless acts toward others.
- Violation of Duty of Care: The party breached their requirement by committing a reckless and careless act.
- Causation: Since the party committed this act, they caused an accident and someone you know was killed during the incident.
- Damages: You are dealing with economic or non-economic losses due to the party’s actions.
Just saying someone is at fault for a truck accident is insufficient. You are responsible for gathering evidence and proving to a judge or jury that the defendant in your case was negligent. If you make a compelling argument, a judge or jury is likely to rule in your favor.
How an Insurance Company Treats a Truck Accident Claim
You may have questions about whether Nevada is a no-fault state for truck accidents. If someone you know dies in a truck accident, a trucker or another party can be held responsible. In this situation, you may ask for damages through an insurance claim.
Ideally, an insurance claim will go smoothly, but this is rarely the case. Oftentimes, an insurance company is more focused on its clients’ best interests above anything else. Therefore, an insurer could dispute your claim, in spite of the fact that you have plenty of proof to show that you deserve damages.
Your lawyer can represent you in negotiations with an at-fault party and their insurance company. They can work with you to build a body of proof. Your Laughlin fatal truck accident attorney can use your evidence to help you get the compensation you want.
Fatal Truck Accident Case Evidence
As far as understanding the burden of proof in a Nevada personal injury case, your attorney has you covered. They will discuss proof you can use to support your argument. Evidence in truck accident cases can include:
- Accident scene photos and videos
- Black box data
- Police reports
- Witness statements
Your fatal truck accident attorney in Laughlin will commit time and resources to help you collect an abundance of evidence. If you have a strong body of proof, the defendant in your case may be willing to settle. At this point, the defendant could propose a settlement, and you have the opportunity to discuss the offer with your lawyer.
Settling Your Case
You may wonder if a settlement is best for your Nevada personal injury case. As you weigh the pros and cons of a settlement proposal, consider your lawyer’s perspective. Your attorney can give you insights into all that a settlement offer entails, helping you make an informed decision about it.
A defendant can offer a settlement that gives you money right away but does not provide enough compensation in the long term. Your Laughlin fatal truck accident lawyer will let you know if they believe this is the case. If you are not happy with the offer, you can decline it and continue with your litigation.
On the other hand, a defendant can propose a settlement that meets your expectations. In this scenario, you may accept the proposal. Once you approve the offer, you will get money and close your case.
Get Help from a Lawyer
If you are struggling to stay afloat financially in the aftermath of a family member’s death in a truck accident, the team at H&P Law is here for you. We offer legal services and support to those who want to file wrongful death claims. Contact us today to schedule a free case evaluation.
