It is undoubtedly an emotional and devastating experience to lose a loved one in a catastrophic accident caused by another person's negligence or wrongdoing. Aside from losing a companion, losing a loved one in a catastrophic accident could result in unaffordable financial losses, including funeral expenses.
However, you do not have to go through this alone because you can hold the at-fault party accountable for your losses by filing a wrongful death lawsuit. Since it is a complicated legal process, hiring a personal injury attorney is a decision you cannot regret. Your attorney will help you determine your eligibility for damages and file your petition against the at-fault party on time.
While a wrongful death claim cannot bring your loved one back, it can provide you and other surviving family members with the financial support they need to cope with life without his/her presence. That is particularly true if the deceased person is the breadwinner in your family. Read on to learn what a wrongful death is and who can file a wrongful death lawsuit to receive damages.
What is a Wrongful Death Compensation Claim?
A wrongful death lawsuit is a civil cause of action that arises when another person dies due to the negligent or wrongful acts of another person. In these cases, only specific parties can file a wrongful death lawsuit to receive damages, including:
- The executors of the deceased estate.
- The surviving family members.
To receive compensatory damages in a wrongful death lawsuit, the surviving family must identify the at-fault party and prove their recklessness, negligence, or wrongdoing led to the death of their loved one. According to Nevada Revised Statute (NRS) 41.130, to prove the defendant's negligence led to your loved one's death, you, the plaintiff, or your attorney must prove that:
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The Defendant Owed the Deceased a Duty of Care
Whether the defendant owed the deceased a duty of care depends on the facts of that unique case. For instance, on the road, every driver is legally obligated to drive cautiously to avoid a foreseeable accident.
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The Defendant Breached the Duty of Care He/She Owed the Deceased
If the defendant was speeding before the accident that led to the loss of a loved one, your attorney can argue that he/she breached his/her duty of care towards the deceased to obtain damages.
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The Defendant's Actions or Failure to Observe His/Her Duty of Care Caused Your Loved One's Death
Your loved one's death must be due to the defendant's negligence or wrongdoing to qualify for wrongful death damages.
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You Incurred Damages Due to Your Loved One's Death
Finally, to obtain compensatory damages in a wrongful death lawsuit based on the defendant's negligence, your attorney must prove that you incurred damages due to your loved one's death, including:
- Funeral costs.
- Burial Costs.
- Hospital costs before his/her demise.
If your attorney can prove these elements of negligence, the court could award you compensatory damages for all the losses arising from your loved one's wrongful death.
Parties Legally Allowed to File a Wrongful Death Claim
A person's untimely death can negatively affect several people, including his/her immediate family, extended family, and the community at large. Unfortunately, not every person affected by the death of a loved one can file a wrongful death lawsuit to receive damages. The specific parties legally eligible to file a wrongful death lawsuit include the following:
- The personal representative or attorney of the deceased estate.
- The "interstate heirs" or surviving family of the deceased.
If the deceased was married, his/her surviving spouse or children will be their heirs. However, if the victim is childless and unmarried, his/her heirs will be in the order of seniority, including:
- Parents of the deceased person.
- Siblings of the deceased person.
- The closest surviving family member of the deceased person who is not his/her sibling or parent.
It is worth noting that the individuals listed below do not qualify to file a wrongful death lawsuit, even though they are named or listed as beneficiaries in the deceased's will:
- Fiancees.
- Close friends.
- Significant others.
Potential Defendants in a Wrongful Death Lawsuit and Possible Defenses They Can Raise
Any company, organization, or person can be a defendant in a wrongful death lawsuit for wrongfully causing another person's death. However, it is worth noting that liquor stores or venues that sell alcohol will not be at fault for selling an alcoholic beverage to a person aged below twenty-one (21) years, even if his/her intoxication caused the death of another person.
Since damages in a wrongful death lawsuit are usually huge, most defendants will not bow down to your demands without a blow, even if their recklessness, negligence, or wrongdoing led to your loved one's death. Common defenses most defendants or their attorneys will use include:
- He/she is a victim of false accusations.
- He/she was acting in self-defense.
- He/she was at the scene where your loved one's death occurred, but he/she did not kill him/her.
Aside from filing your wrongful death lawsuit on time, your attorney's most critical job during this process is to cast reasonable doubt on the defendant's defense arguments during the hearing. If your attorney's argument works to your advantage, the court will award you compensatory damages. That means the defendant should pay you for all the losses associated with your loved one's death.
Generally speaking, you have not more than two (2) years to file a wrongful death lawsuit against the at-fault or liable party. That is why it is critical to contact an attorney as soon as possible to find out the liable party to sue for damages and losses associated with your loved one's death and file your claim on time.
Potential Damages You Could Recover in a Wrongful Death Lawsuit
Undoubtedly, no amount of money can cover or make up for your loved one's wrongful death. However, you and your family need financial support to continue living a comfortable life after your loved one's death, especially if he/she is the breadwinner.
By filing a wrongful death lawsuit, you could recover both economic and non-economic damages. Here is a brief overview of these two categories of compensatory damages in a wrongful death lawsuit:
Economic Damages
In a wrongful death lawsuit, economic damages are available to compensate you for all the financial costs borne by you and your family after the death of a loved one. If the wrongful death lawsuit works in your favor, you will receive monetary compensation for the following losses:
- Medical expenses, including care, treatment, physical therapy, and hospitalization.
- Burial and funeral costs.
- Lost wages and other benefits.
- Loss of inheritance.
- Loss of the future income of the deceased.
- Property damage involved in the incident that led to your loved one's death, for example, vehicle damage.
Records of the deceased payslip and his/her medical expense receipts before his/her death can help prove to the court that you deserve economic damages for your losses.
Non-Economic Damages
Although some losses caused by your loved one's wrongful death are subjective and difficult to calculate in monetary value, they are also compensable in a wrongful death claim. If your wrongful death claim works in your favor, you will receive compensation for the following losses:
- Pain and suffering.
- Loss of companionship.
- Loss of emotional support and affection.
- Loss of care and comfort.
- Emotional and mental anguish.
- Grief and sorrow.
Sadly, most defendants will overlook or attempt to undervalue you and your family's emotional difficulties after the death of a loved one. That is why having a reliable and seasoned attorney when filing a wrongful death claim is important.
To qualify for economic damages, your attorney must prove to the court that the deceased financially supported you and your family and the estimated financial support you received from him/her. Generally speaking, children will qualify for economic damages until they turn eighteen or complete college if the attorney you choose can prove that the deceased contributed to their education.
On the other hand, if you are the widow of the deceased, you will receive economic damages until his/her presumed retirement age (usually 65 years old).
An experienced attorney will evaluate your unique case and know how much you and your family deserve as damages for non-economic losses caused by your loved one's death.
Punitive Damages
Although they are not available in all wrongful death lawsuits or claims, the court could award you punitive damages if your lawsuit is successful. If the defendant's behavior was intentional, egregious, or grossly negligent, the court could award you punitive damages to punish the defendant for his/her conduct.
Another reason the court awards punitive damages in some wrongful death lawsuits is to discourage similar deplorable behaviors.
Unlike criminal cases, which require your attorney to prove his/her arguments beyond a reasonable doubt, the burden of proof is lower in a wrongful death lawsuit. To prove to the court that you deserve the above compensatory damages, your attorney must provide a preponderance of evidence to support your claim.
Should I go to Trial or Settle My Compensation Claim?
Multiple parties could be liable for your damages in a wrongful death case, especially if the death of your loved one was due to an auto-related accident. However, a reliable attorney will investigate the case that led to the loss of your loved one and ensure the negligent or at-fault party(s) are accountable for his/her death.
After accurately evaluating your compensation claim and determining its monetary worth, your attorney can help you decide whether to settle it or take it to trial, depending on your case facts.
Insurance companies are profit-making companies and will do anything to avoid making losses, even if it means giving you a low settlement offer on your genuine claim. Do not assume the insurance company of the at-fault party will be compassionate with you, even if you are grieving the loss of a loved one.
A seasoned attorney understands this and will deal with the insurance adjusters on your behalf and work to obtain maximum compensation for all the losses caused by your loved one's wrongful death. Because of the uncertainty of the outcome to expect at trial, most plaintiffs with similar claims opt to settle their claims through negotiation with the at-fault party.
Settling your claim through negotiation with the at-fault party or his/her insurer is also cheaper than taking your case to trial. During settlement negotiations, your attorney will provide evidence proving that you deserve compensation for your losses and the amount you deserve.
However, when the at-fault party or his/her insurer refuses to offer you a fair settlement for your losses, your attorney can sue him/her and represent you at trial to secure a desirable outcome.
Although you want the at-fault party to be accountable for your loved one's death, you will not receive damages for your losses if you cannot prove he/she is at fault. That is why having an aggressive attorney on your side when seeking compensation for a wrongful death is critical.
The evidence and argument your defense attorney will present in court can mean the difference between adequate compensation and denial of your compensation claim. Therefore, to stand a chance of receiving maximum compensation for your losses, your attorney must have proper arguments backed up with adequate evidence to convince the court that the at-fault party is liable for your loved one's death.
Some of the evidence your attorney could use to support your wrongful death lawsuit or claim at trial for the best possible outcome includes the following:
- Eyewitness testimonies.
- Doctor(s) testimonies.
- Medical treatment receipts.
- Surveillance video footages.
A skilled and seasoned attorney will know the best arguments that can work in your favor at trial to obtain the maximum compensation possible for the wrongful death of a loved one.
Navigating a wrongful death claim is a complex process involving intricate legal procedures that you would not want to risk handling without a skilled attorney. A reliable attorney can help you maneuver these legal procedures to stand a chance of securing fair compensation for all the losses associated with your loved one's death.
Facts the Court Will Consider When Calculating the Monetary Worth of Your Wrongful Death Claim
As mentioned in the previous paragraph, every wrongful death is unique, meaning the compensatory damages plaintiffs in these cases receive vary. The court will consider the following facts when calculating compensatory damages for your wrongful death claim:
- Your age – If you are young and have a whole life ahead of you, the court could award you substantial compensation if your wrongful death lawsuit is successful.
- Your earning capacity – If you have the physical and mental capacity to work and care for your family, the court could reduce your economic damages in a wrongful death lawsuit.
- Your life expectancy and health – An older adult is likely to receive less compensatory damages in a wrongful death case than a young person because they are nearing the end of their working life.
While these factors will come into play when calculating the monetary worth of your wrongful death claim, your circumstances at the time of his/her death are the most critical consideration. For instance, if the deceased was the breadwinner in your family, you will likely receive economic damages for the lost income, including possible future earnings.
Parting Notes in a Wrongful Death Lawsuit
As you can see above, wrongful death lawsuits can be difficult and time-consuming. However, that should not prevent you from seeking damages for the loss of your loved one. While a wrongful death lawsuit is similar to an injury lawsuit, these cases can be complex, mainly when calculating the damages you deserve for the loss of a loved one.
In addition, not everyone qualifies for compensatory damages in a wrongful death lawsuit. The attorney you choose can help you determine whether or not you are eligible to receive compensatory damages in a wrongful death lawsuit.
While settlement could seem like a favorable way to solve your case, do not do so without an attorney because the settlement offer you will receive will bar you from suing the at-fault henceforth. If the fault party or his/her insurer denies your claim or offers you a low settlement deal, your attorney can file a wrongful lawsuit against him/her to obtain adequate damages for your losses.
Find a Personal Injury Attorney Near Me
Hopefully, this blog has improved your knowledge of wrongful death cases and who can file a lawsuit to obtain compensatory damages. We at the Las Vegas Personal Injury Attorney Law Firm are ready to help you through every part of the process to obtain substantial compensation for your losses caused by the wrongful death of a loved one.
We invite you to call us at 702-996-1224 to discuss your case with our understanding and caring attorneys today. We will be with you through every step of the process to help you obtain the best possible outcome.
