Elements of a Wrongful Death Lawsuit

Wrongful death typed on paper with a gavel

Nevada’s wrongful death statute allows surviving loved ones and a person’s estate to file a lawsuit seeking monetary damages against those responsible for a person’s wrongful death. As the subject matter implies, wrongful death actions are emotionally charged, have high financial stakes, and are aggressively contested.

Insurance companies are businesses and do not have a mission of doing the right thing. Instead, they spend tons of money on research and developing methods to limit their exposure to financial risk. This means that instead of paying out what they know a wrongful death claim is worth, they will deny liability or offer insulting settlement offers. It takes an experienced wrongful death attorney to truly understand and pursue maximum compensation for a family’s tremendous loss.

Who Can File a Wrongful Death Lawsuit

A wrongful death claim can be brought by each heir of the deceased person, or by the personal representative for the person’s estate. By heir, the law specifically refers to the people who would be entitled to the deceased person’s property if the person dies without a will. This goes by priority—as applicable—to a surviving spouse, then children, then parents of the deceased.

Who Can Be Sued

An action for wrongful death damages can be brought against the person who caused the victim’s death, or the personal representative of their estate if the wrongdoer also died. A lawsuit can be brought against the employer of the wrongdoer if the employer is responsible for the wrongdoer’s conduct. Also, a lawsuit can be brought against any other person responsible for the wrongful act or neglect resulting in death.

What Must be Proven

A person bringing a wrongful death action must prove that the other parties caused the death of the victim by “wrongful act or neglect”. Negligence in the context of wrongful death claims is a person or company’s failure to exercise a reasonable duty of care that they have to another person. Also, the person seeking damages must prove what damages they are entitled to under the law and why they are entitled to those damages.

What Damages Are Available?

Damages are available to each heir individually and can include:

  • Medical expenses resulting from the injury before the victim’s death.
  • Lost wages of the deceased.
  • Pain and suffering, or disfigurement, of the deceased person before their death.
  • Funeral and burial costs.
  • Grief or sorrow.
  • Loss of probable support, companionship, society, comfort, and consortium.

Let the Car Accident Attorneys at Viloria, Oliphant, Oster & Aman L.L.P. Help

If you are the heir of a person who has died due to someone else’s neglect or wrongful act, you may have a significant claim for damages. The attorneys at Viloria, Oliphant, Oster & Aman, L.L.P. understand the gravity of the loss that our clients have suffered and fight to hold those responsible to task. Wrongful death claims are complex and hard fought, but our attorneys have a proven record of success. Our nationally recognized attorneys take pride in zealously pursuing maximum compensation for our clients. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 210-8178 to schedule a case consultation or contact our office through our website.

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