The loss of a loved one in a fatal car accident is tragic and traumatic. Sadly, many of these accidents result from human error, which can intensify grief and loss. Family members can pursue justice for their loved one by filing a wrongful death claim with the help of a fatal car accident lawyer in Henderson and recover compensation from the at-fault driver.
Shook & Stone has been helping clients navigate loss and difficult legal situations since 1997. Our team puts you first at every stage of your case and gives you the space to mourn while we fight for you. The Henderson car accident lawyer handling your case listens carefully and takes a holistic, tailored approach. When you’re ready to file a claim, we are ready to go to work for you.
Factors That Can Contribute to Fatal Car Accidents
During a collision, the speed, angle, and size of the vehicles involved can affect how much energy is transferred and how severe the accident may be. The factors that contribute to an accident can also make a difference as well. While some accidents may result in immediate death, others may cause injuries that result in fatalities. Some factors that can cause these accidents include:
- Aggressive or reckless driving
- Speeding
- Distracted driving
- Intoxication
- Bad weather
- Lack of a seat belt
- Mechanical failure
These and other factors can cause profound harm that can affect the lives of a victim’s family forever. In these situations where negligence caused a completely preventable accident, a victim’s family can hold at-fault drivers accountable for their actions.
Filing a Wrongful Death Claim On Behalf of a Deceased Loved One
After a fatal car accident, surviving family members may be able to take legal action on behalf of their family member. The ability to file a wrongful death claim is generally reserved for the decedent’s heirs, who may include the decedent’s spouse or children. Other heirs may be able to file a claim if the decedent was unmarried or childless, but it’s important to consult a Henderson personal injury lawyer on who may be eligible.
For those who have a rightful action after a Nevada wrongful death, they can pursue a legal claim to hold the at-fault driver accountable, secure compensation, and get justice for their loved one. The purpose of a wrongful death claim is to help surviving family members offset the financial losses they’ve suffered as a result of the accident and help ease their suffering.
While drivers who have caused fatal accidents may face criminal charges, that is a separate legal process from filing a wrongful death claim. Wrongful death claims are civil cases filed to recover a settlement paid by the at-fault driver or their insurer. An experienced Henderson fatal car accident lawyer can guide you through each step of the legal process.
Establishing Fault is Essential in a Wrongful Death Claim in Henderson
While it may seem clear that another driver was at fault for your loved one’s untimely death, legal requirements for personal injury cases dictate that you provide clear evidence to connect them to your family member’s death. This means every claim must be supported by evidence, and fault must be established as a fact. Lawyers understand how overwhelming this can feel and are equipped to take the lead.
Shook & Stone can carefully review the existing evidence you have, such as the police report, autopsy report, medical results, etc., to understand what happened. We also collect additional evidence from other sources to further strengthen your claim. We may even work with reconstructionists to create a crash simulation to show the other driver’s role in the accident.
When we have built a strong case, our team demonstrates the other driver’s fault by establishing foundational elements, such as the duty of care the driver owed you, and the specific actions they engaged in that violated it. Next, we show that if it weren’t for their actions, the accident wouldn’t have occurred, and the victim wouldn’t have been killed. As such, they’re liable for the damages you suffered.
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A Fatal Car Accident Attorney in Henderson Helps You Recover Compensation
Fatal car accidents can leave you with many unexpected costs as you make final arrangements. These accidents can also leave you without a considerable amount of financial support for you and your family as you move forward. A Henderson wrongful death lawyer helps you recover compensation to offset these losses so you can regain stability for your family. Recoverable losses may include:
- End-of-life medical expenses
- Cost of funeral and burial arrangements
- Loss of income
- Property damage expenses
- Loss of inheritance and services
- Pain and suffering
- Emotional distress
- Loss of consortium or companionship
Shook & Stone is committed to helping you recover compensation to ease your financial burden so you have a monetary buffer while you grieve your loss and begin to heal. Our experienced team can handle all negotiations on your behalf, so you are protected from bad-faith tactics the insurance company may attempt. We fight to ensure you receive a settlement that adequately provides for your needs during this time.
Compensation Must be Recovered Before the Statute of Limitations Expires
Like any other personal injury claim, wrongful death claims after a fatal accident are subject to a statute of limitations. According to NRS 11.190(4)(e), you have two years from the time of death, which may or may not correspond with when the accident occurred.
These cases can be complex and take a while to navigate, so initiating a claim as soon as possible is essential.
Schedule a Free Consultation With Shook & Stone
When you hire Shook & Stone, you benefit from a team of local lawyers who are experienced with handling fatal car crashes and are familiar with dangerous roads throughout the area.
A Henderson fatal car accident attorney can also leverage their resources and relationships to help with your case. To learn more about your legal options, schedule a free consultation today to get answers to your questions.
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