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Nevada Wrongful Death Accident Claims
A Nevada Lawyer May Obtain Compensation For Your Losses
A wrongful death accident claim is a lawsuit which can be filed on behalf of the family of a person who was wrongfully killed because of the negligenct, reckless or intentional misconduct of another. A Nevada wrongful death lawsuit may be filed so the victim's close relatives can recover medical expenses, replace the financial support from the victim, and receive compensation for the devastating emotional losses associated with the loss of a loved one. Some of these emotional losses include pain and suffering, lost wages, mental anguish, and loss of companionship or support for the surviving relatives. Clearly, the true emotional impact of losing a family member can never be replaced with material wealth, but many Nevada Wrongful Death Lawyers understand that recovering compensation can help a family focus on working through the grief process without the additional stress of worrying about financial support.
Las Vegas Families Face Financial Hardship After A Wrongful Death
Financial hardship is a problem which the family of a Nevada wrongful death victim often must face after the death of their loved one. In a wrongful death claim in Nevada, there are often many bills to pay like doctor bills, ambulance bills, hospital bills, funeral costs and many other bills related to the Nevada wrongful death. The family is often unable to meet these large bills and their every day expenses because they depended on the deceased family member's present and future income of the victim for their support and livelihood. This unexpected loss of income can devastate the Nevada wrongful death victim's family at a time when they should be focused on working through the grieving process. Important financial goals (like sending a child to college) cannot be met due to the loss of the victim's present and future earnings. Sadly, they may have to move into a smaller and more affordable home. A Las Vegas Wrongful Death Lawyer may be able to obtain compensation for survivors of the wrongful death victim. There are many forms of compensation which may be available to the survivors of a Nevada wrongful death victim. A Las Vegas Wrongful Death Attorney can evaluate your wrongful death accident claim to determine if you are entitled to compensation for medical expenses - expenses related to the death (such as funeral expenses) - damages for pain and suffering - present and future anticipated income of the deceased - damages for emotional losses (like the care, comfort, society and companionship losses the survivors typically endure).
Grief Counseling Is Important After A Wrongful Death
Dealing with the loss of a loved one is extremely difficult. Don't overlook the many resources available in our area. Watch the other members of your family carefully to see if one-on-one grief counseling is needed. Each of us may handle the initial grief differently, but every person needs to work through the process. Learn the early signs of depression so you can get help for yourself of a family member quickly. Some basic Grief Support resources are included here. These resources are excerpts from a site we sponsor (grieve.info) which provides links to grief support resources. We hope that these resources can help you in your time of need.
A Las Vegas Wrongful Death Lawyer Can Explain Damages Available
Nevada's Wrongful Death Statute, gives the deceased's heirs a right to money damages for the following losses:
- loss of society
- loss of probable support - grief - or sorrow
- loss of companionship
- loss of comfort
- loss of consortium
- pain and suffering
- disfigurement of the decedent
The wrongful death law in Nevada also allows the personal representatives of a decedent's estate to recover special damages (such as the deceased's medical expenses), which were sustained or incurred before death, as well as funeral expenses, and exemplary or punitive damages, that the wrongful death victim would have recovered if he or she had lived, but do not include damages for pain, suffering or disfigurement of the decedent. These are the types of damages which could apply to provide compensation in a wrongful death accident claim in Nevada. These damages may vary from the damages available in other states, so be sure to talk to a local wrongful death lawyer if you do not live in Nevada.
To read more about Damages, visit Vegas Lawyer.
Many Types Of Accidents Can Cause Wrongful Death In Nevada
A wrongful death accident claim in Las Vegas (or any other city in Nevada) can be caused by almost any situation where another person or company failed to be careful. Las Vegas car accidents are a frequent causes of wrongful death accidents in Nevada. An accidental deaths can happen anytime that a property owner fails to build or maintain property in a reasonably safe condition for people who might visit the property. A health care provider (doctor, nurse, pharmacist, chiropractor, etc.) can also cause the wrongful death of a family member in Nevada. Also, a defective product can lead to the death of a loved one when a defective condition, design flaw or failure to warn causes the accident. Virtually any negligent misconduct can lead to the accidental death of your loved one in Nevada. Some additional accidents leading to death include: Violent Crime Injuries, Motorcycle Accidents, Negligent Security Claims, Slip & Fall Accident Claims, Construction Accidents, Workplace Accidents, Hospital Negligence, etc. The list is long and it may make sense to consult a Las Vegas Lawyer any time a friend or family member was killed in an accident in Las Vegas, Summerlin, Henderson, Reno, Tahoe (or any other city in Nevada).
Proving Fault And Recovering Money In A Wrongful Death Claim
Generally, the law finds fault where one person had a duty to maintain safety and that duty was breached by careless, reckless, or negligent misconduct. Often, if one person's negligence exceeds the injured person's negligence, the injured person may be entitled to compensation in the form of money damages for the injuries which were caused by the other person's misconduct. Much of this determination deals with establishing who has liability (legal responsibility) for the accident.
There are several different methods of ascertaining liability:
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Recovery for a wrongful death in Las Vegas, Henderson, Reno (or any other city in Nevada) could be available in the event that the accident happened on property that is dangerous because it was poorly built or maintained and the dangerous condition of the proprty caused the wrongful death in Nevada.
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Recovery for a wrongful death accident claim in Nevada, could be available in the event that the accident was caused by a defective product since Nevada products liability law can place liability for a hazardous product on the manufacturer and seller of the product.
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Recovery for a wrongful death accident claim in Nevada, could be available in the event that the person who was negligent caused the wrongful death accident while working as an employee of a company, so the employer may be held liable (legally responsible) for the wrongful death claim in Nevada.
- Compensation may still be available even if the injured party was partially negligent in causing the accident. In this situation, the damages for the injured party may be reduced by the amount that party's negligence contributed to the accident. This is the "comparative negligence" rule which applies to claims in Nevada.
- It is possible that there is no right to recovery if the injured party was somewhere he or she should have expected the kind of activity which caused the accident to occur, or was in a place where he or she was not supposed to be. This type of situation may be unusual and recovery can be denied if the person, business, company or property owner had no "duty" to be careful.
To read more about Liability, visit Vegas Lawyer.
To read more about Negligence, visit Vegas Injury Law.
A Nevada Wrongful Death Attorney Can Evaluate Important Issues
You can consult a Las Vegas Wrongful Death Lawyer to evaluate the following issues in a Nevada Accident Claim:
- if you have the right to file a lawsuit for the death of your loved one
- if there is insurance coverage or a party with sufficient assets to warrant a lawsuit
- if there is a party who is liable for the death of the wrongful death decedent
- to make sure that the wrongful death complaint is filed within the wrongful death filing period (Nevada wrongful death statute of limitations)
- to make sure that evidence is preserved
- to make sure that the reporting requirements of any insurance policy are complied with
- to initiate settlement negotiations with the defendants and/or their insurers providing insurance coverage for the Nevada wrongful death
Contact Us For A Free Consultation On Your Wrongful Death Claim
If you want a free evaluation of your Wrongful Death Accident Claim, contact David Matheny, Esq. (of the law firm of Dempsey, Roberts & Smith, Ltd) for a free personal injury consultation. We are located in Las Vegas, Nevada and we provide legal services for Wrongful Death claims (and many other injury claims) throughout the State of Nevada.
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(702) 388-1229
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David Matheny, Esq. for a free consultation
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