A plane accident in the Pebbles area that took the lives of two people was reported in late October. Clark County Fire Department responded to the crash scene in the early morning. According to initial reports, the twin-engine Cessna 310 had taken off from the North Las Vegas Airport and headed toward Gillespie Field Airport in San Diego, California. After taking off, the plane collided into a wall at a construction site, which was located about four miles northwest of Henderson Executive Airport. The plane burst into flames upon impact and emergency crews extinguished the flames. The two individuals in the plane at the time of the accident were fatally injured and pronounced dead on the scene. Investigations are currently underway with the National Transportation Safety Board (“NTSB”) and the Federal Aviation Administration (“FAA”).
Nevada Plane Accidents
Crashes involving aircrafts result in hundreds of plane accident victims having to go to the hospital for treatment each year. Many times, these plane crash victims have life-altering injuries if they survive the collision. While crashes involving planes, helicopters, and other aircrafts are not as common as car accidents, the impacts of these incidents can often be much more devastating. There are many reasons why an aircraft crash happens such as malfunctioning or defective parts.
Wrongful Death in Nevada
When someone is unexpectedly killed due to the fault of another, the impact on those left behind — financially and emotionally — is significant. When this occurs, the surviving family members may be able to file a wrongful death claim under Nevada law under NRS 41.130. Unfortunately, wrongful deaths happen across the U.S. each year. Although wrongful death cases are based on negligence — the same legal theory used in personal injury claims — these cases are quite different. In a personal injury lawsuit, the injured party files a lawsuit for monetary compensation; in a wrongful death case, the deceased’s estate or surviving family members file a lawsuit for damages.
Specifically, Nevada law permits the following individuals to file a wrongful death suit in civil court:
- The personal representative of the deceased’s estate;
- The deceased’s surviving spouse or domestic partner;
- The deceased’s surviving children;
- The parent’s of the deceased, if there is no surviving spouse or children; and
- Any other individual who can show the court that they were dependent upon the deceased at the time of death.
To succeed in a wrongful death claim, the deceased’s surviving family members or personal representative must establish that:
- The defendant owed a legal duty to the victim;
- The defendant’s actions, or inactions, was an unreasonable response to the situation;
- The defendant’s actions, or inactions, led to the injury and ultimate death of the victim.
It is important to also know that the state of Nevada, and virtually all other states in the nation, has a time limit in which a wrongful death lawsuit must be filed. This is known as the statute of limitations. Nevada has a two-year statute of limitation for wrongful death claims.
Legal Help in Nevada
If you have been involved in a Nevada car accident, contact the experienced personal injury lawyers at H&P Law. Contact us today at one of our offices in Las Vegas or Henderson.