It is emotionally devastating to lose a family member in a fatal truck accident. The weeks and months that follow this incident can be difficult for you and your loved ones. A Paradise fatal truck accident lawyer is empathetic to the needs of you and your family. They can ask for money from any liable parties while you and your loved ones care for and support one another.
H&P Law has more than 60 years of combined experience on our team. We can connect you with a Paradise truck accident lawyer who gives your case the attention it deserves. Schedule a free case consultation with us to get started.
Why You Should Hire a Lawyer to Represent You After a Fatal Truck Accident
A Paradise fatal truck accident attorney knows how difficult the days and weeks can be after you lose a family member. They want you to focus on yourself and the well-being of those impacted by this loss. Meanwhile, your attorney advocates for you, protects your best interests and legal rights, and positions you to get money from anyone responsible for the fatal accident.
Your lawyer knows the tactics that insurance companies use to avoid paying truck accident claims. They can negotiate with a liable party and their insurer for you. Your attorney works hard to get you compensation that serves you and your family well for the foreseeable future. If necessary, they can present your case to a judge or jury.
Allow a Paradise personal injury lawyer with truck accident case experience from H&P Law to help you with your case. We can help you decide if now is the right time to proceed with a fatal trucking collision lawsuit. Request a free case consultation with us.
Compensation Available in a Paradise Fatal Truck Accident Lawsuit
A fatal truck accident lawyer in Paradise shares FAQs and other legal resources relating to the compensation available if you file a lawsuit. Reasons why the families of truck accident victims get economic and non-economic damages in lawsuits include:
- Burial and funeral expenses
- Pain and suffering
- Loss of consortium
- Medical expenses
The Nevada Revised Statutes (NRS) give you a short window for suing a party for a fatal trucking collision. Per NRS 11.190, the statute of limitations for a personal injury claim is two years.
Your attorney submits your lawsuit in alignment with state law. They identify who is at fault for your family member’s death and help you secure maximum damages from them.
Who You Can Sue in a Fatal Trucking Collision Lawsuit
As a fatal truck accident attorney in Paradise calculates your personal injury settlement value, they consider who is liable for your late family member’s trucking collision. One or more parties may be at fault. Defendants in truck crash lawsuits can include:
- Truck drivers
- Trucking companies
- Truck manufacturers
- Cargo loaders
- Government entities
It is your responsibility to prove liability. Your lawyer discusses the elements of negligence for a personal injury case with you. They craft an argument designed to show a judge or jury that a party was negligent and should have to provide fair compensation for the losses you have incurred as a result of their actions against your loved one.
What It Takes to Prove Negligence in a Fatal Truck Accident Case
Your lawyer wants to prove that a liable party had a duty of care to avoid any actions that most people would consider to be careless or reckless. They argue that this party violated their legal obligation to your family member, which led to the fatal truck accident.
Also, your attorney focuses on the correlation between damages and negligence. They can use accident scene photos, a truck’s black box data, and other evidence to show that a party acted negligently. Along with this, your lawyer can highlight how the party’s actions resulted in quantifiable and subjective losses.
There are instances when plaintiffs are to blame for truck accidents, which can affect what you receive in damages. In Nevada, modified comparative negligence applies to personal injury cases. If your late family member was in any way liable for their fatal truck collision, you may get only a portion of the damages you seek or no compensation at all.
How Modified Comparative Fault Relates to a Fatal Truck Collision Case
Based on NRS 41.141, Nevada has a modified comparative fault statute. In your lawsuit, the defendant could argue that your late family did something negligent that contributed to their fatal trucking crash. If the court agrees, a judge or jury can reduce the damages you recover by a percentage of fault.
As far as what Nevada residents need to know about modified comparative fault, you can still get damages if the court decides your late loved one was 1-50% liable for a truck crash. For instance, a judge or jury says your late family member was 20% responsible for a trucking collision. You may receive 80% of the damages you initially sought.
Modified comparative negligence prevents you from recovering damages if your late family member was more to blame than the defendant for a truck accident. Therefore, if the court rules your late loved one was more than 50% responsible for their fatal truck collision, you may be ineligible for damages.
What to Expect if You File a Fatal Truck Crash Lawsuit
Your lawyer wants you and your family to take care of yourselves throughout your case proceedings. They encourage you to pursue professional counseling and other support during this difficult time in your life. As you do, your attorney fights for compensation for you.
If you have legal concerns or questions as your lawyer gets your case ready for trial, your attorney addresses them. Your lawyer wants you to come forward and discuss your case with them. They help you make informed legal decisions.
Your attorney could help you get a settlement before your trial date. If a settlement is less than what you want, decline the proposal and continue with your litigation. Your attorney can prepare you for your trial and make sure you know what will happen if you bring your case in front of a judge or jury.
Get Legal Help With Your Paradise Fatal Truck Accident Case
The H&P Law team is empathetic and compassionate. If you are considering submitting a personal injury lawsuit against anyone responsible for your family member’s fatal truck crash or want to file one, we can help. Contact us today for more information.
