The unexpected death of a loved one is one of the most heartbreaking tragedies a family can experience. It can be emotionally, mentally, and financially exhausting when a family member dies suddenly due to someone else’s negligence or misconduct.
If your loved one died due to another person’s or company’s wrongdoing, consult with a Summerlin wrongful death lawyer at Shook & Stone Injury Lawyers.
Enlisting the help of our compassionate and experienced Summerlin personal injury lawyer could make a tremendous difference in your family’s financial future. With over 150 years of combined experience, our team is ready to help you hold the responsible party accountable.
The Burden of Proof in a Wrongful Death Claim
The burden of proof is on the shoulders of those taking legal action, and that means it is critical to have an attorney ready to do the work for you. To prove wrongful death, our legal team will seek proof of negligence by demonstrating the following to be the case:
- The party owed your family member a duty of care. That duty of care means they should have taken steps to keep your family member safe.
They breached that duty of care. We must then demonstrate that the party either did something or failed to do something to ensure safety. - You suffered an accident as a result of that breach. This component is critical as well because it shows that if the party had not breached the duty of care, you would not have suffered the accident.
- You suffered losses. The final component is demonstrating that you suffered losses, which includes the loss of your loved one.
The burden of proof in wrongful death can be challenging to prove, but you can anticipate our team to work aggressively to do so. We will gather all the evidence possible, speak to experts to build your case, and utilize accident reconstruction software to demonstrate fault.
You can count on Shook & Stone Injury Lawyers to work aggressively to seek full and fair compensation in your case. Review our resources to learn more.
Defining a Wrongful Death Claim
When one person unlawfully causes another person’s death, that person may be held liable under the Nevada civil cause of action of “wrongful death.”
Per Nevada Revised Statutes § 41.085, a wrongful death claim can be filed on behalf of a deceased person who may have made a personal injury claim against the at-fault party if they were still alive. Wrongful death claims in Summerlin, Rhodes Ranch, and Sovana often occur as a result of:
- Car accidents in which the other driver was careless or reckless
- Medical malpractice on the part of a physician or surgeon
- Workplace incidents involving hazardous working conditions
- Accidents that occur on someone else’s property as a result of poor maintenance
- Accidents caused by an unsafe product that was engineered or manufactured incorrectly
No matter what type of event led to your loved one’s death, our dedicated attorneys are prepared to help you pursue justice.
Parties Who Can Bring a Wrongful Death Claim
Only certain eligible parties can file wrongful death claims. For instance, the spouse or children of the deceased are legally entitled to file a wrongful death claim. Under NRS § 41.085, fiancées and significant others are deemed ineligible.
If the deceased is unmarried and without children, eligible parties may include their parents, siblings, or the nearest surviving family member who is not a parent or sibling. Hiring a knowledgeable wrongful death lawyer in Summerlin can be useful in determining the appropriate party to file a claim.
It is critical to act quickly to hire an attorney who can help you navigate the process of filing a wrongful death claim to recover full and fair compensation. The sooner you contact our lawyer, the faster we can provide you with insight into who can file a claim and how to do so.
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Statute of Limitations for a Wrongful Death Claim
Families who wish to pursue wrongful death lawsuits usually have just 2 years from the date of their loved one’s death to file a claim. If they do not file suit within this 2-year timeframe, they will likely lose their right to seek financial recovery.
Contacting our proactive wrongful death attorney in Summerlin early on can prove invaluable. Even an experienced accidental death litigator needs the opportunity to gather important facts and build a solid case before the statute of limitations runs out.
The statute of limitations is another key reason to hire an attorney as soon as possible. Our team will provide you with legal guidance on how to move your case forward quickly, but without rushing you into settling for too little. This type of balance makes it possible for families to get justice for their loved ones.
Types of Damages Available in a Wrongful Death Case
If the deceased’s family can prove that another person’s or entity’s negligence caused their loved one’s death, they can recover some of their financial losses.
Family members may be entitled to recover compensation for:
- Lost wages
- Medical costs
- Future income
- Loss of benefits
- Funeral expenses
- Loss of companionship
- Mental and emotional damage
Additionally, certain cases can result in the award of punitive damages meant to punish heinous behavior deemed deliberate and careless. Our lawyer will uncover not just what happened but also prove these and any other losses applicable in your case.
We then negotiate heavily to protect those rights to compensation. When necessary, our team will appear in court to pursue legal action.
A Summerlin Wrongful Death Attorney Could Help Your Family Recover
No legal victory or financial compensation can ever truly equal the value of a loved one. The loss of someone’s life is an unparalleled tragedy. However, holding responsible parties accountable can make all the difference in a family’s ability to begin trudging down the long road of recovery.
Our firm has considerable experience helping families pursue wrongful death lawsuits. We have the expertise and resources to assist you and your family with recovering the compensation you deserve for your losses.
Do not wait any longer. Contact a Summerlin wrongful death lawyer at Shook & Stone Injury Lawyers to begin your journey toward healing.
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