Common Examples of Wrongful Death Cases
Any time someone is involved in a serious accident, injuries and death are possible. If you want to recover compensation for a wrongful death situation, it’s necessary for your wrongful death lawyer to show that the negligence of one or several parties resulted in the passing of your loved one.
When you get in touch with our wrongful death attorneys, you will find that we can help with accidents that resulted in the death of your loved one from:
- Car, truck, or motorcycle accidents
- Negligent security, trip and fall, slip and fall, and other premises liability situations
- Dog bites
- Pedestrian accidents
- Accidents that involve railroads or trains
- Bicycle accidents
- Boating accidents
- Airplane accidents
It’s worth noting that this is not a comprehensive list. If you happened to lose a loved one due to the misconduct or carelessness of someone else, you should get in touch with our experienced wrongful death lawyers in Reno right away. We will protect your rights and work to help you recover compensation.
Understanding Compensation in Wrongful Death Claims
A deceased person’s spouse or children are legally allowed to pursue compensation after a loved one passes away in a wrongful death situation. If the deceased did not have children or a spouse, then their parents may be able to file a claim for damages.
The compensation that you can receive in a wrongful death lawsuit depends on the specific circumstances of your case. Usually, you will be able to recover the following:
- Medical costs to care for your loved one before they passed away
- Loss of income (expected and actual) and any employment-related benefits
- Expenses for funeral services and body arrangements
- The loss of a relationship with the family member, such as a loss of consortium (for spouses) or the loss of affection and care (in a child-parent situation).
It may also be possible to recover punitive damages. The goal of punitive damages is not to provide you with compensation for your losses arising from the wrongful death of a loved one; instead, punitive damages are designed to serve as a punishment for malicious or outrageous actions and to discourage others in a similar position from doing the same thing that the defendant did in your situation.
In the state of Nevada, the award of punitive damages does have caps. What this means is that if you receive an award of $100,000 for the lawsuit, then the punitive damages that you can receive are limited to three times the amount awarded. In situations where compensation is under $100,000, you can receive punitive damages of up to $300,000.
There are some exemptions in place regarding caps on punitive damages. For example, if a driver drinks or does drugs and drives and then causes the death of someone, you may be able to receive punitive damages beyond the $300,000 limit mentioned above.
The award of punitive damages in a wrongful death case is discretionary. If you believe that your case may be eligible for these damages, you should discuss it with your Reno wrongful death attorney.
How to Prove Liability in Wrongful Death Cases
You should work with wrongful death attorneys when it comes to establishing liability for your situation. You have to prove that the victim (your deceased loved one) was owed a duty of care and that the duty was breached in some way.
An example of this would have been if a property owner did not resolve a hazard or if a driver was texting while driving, which compromised their ability to drive safely and protect others on the road.
Every wrongful death case is unique. The approach to the case will also vary. When you hire our wrongful death attorneys, we will investigate the situation, gather evidence, and work to show who was liable for the death. Once this is done, our team can help you file the claim against the at-fault party.
FAQs
With a wrongful death claim, you are filing a civil action. It is filed by the family members or the estate of the decedent to receive compensation for their death. Cases of homicide are considered criminal charges that are filed by the state. Someone who is charged with murder will likely have to serve time behind bars if they are convicted. However, defendants in wrongful death claims, if found to be negligent, are ordered to pay damages to the estate or family of the decedent.
In a criminal case, the prosecution must prove beyond a reasonable doubt that the defendant committed some type of criminal act. For a wrongful death action, there is a lower standard of proof. In this situation, the family, with help from their wrongful death attorney, only must prove that the negligence of the defendant was the cause of the death and it resulted in the damages they have claimed.
It is worth noting that it is possible for you to file a wrongful death claim against someone who is also facing criminal charges for the death of the individual.
Survival actions are another type of lawsuit that family members can file to receive compensation after a loved one passes away. A wrongful death action will recover compensation for family members because of damages they have experienced because of their loved one’s death. With survival action, it deals with the damages that occurred to a decedent before they passed away. While survival action and wrongful death claims are usually handled separately, they can also be combined into a single action.
Damages for a wrongful death lawsuit can be for monetary losses and non-monetary losses. The purpose of wrongful death suits is to provide compensation for surviving family members for their out-of-pocket costs and to bring justice to the family against the wrongdoer.
When you file a wrongful death claim, you may be able to receive compensation for:
- Burial and funeral costs
- Loss of love, guidance, support, and companionship
- Lost wages from the deceased individual
- Medical costs related to treatment the deceased individual had.
While no amount of compensation can make up for the loss of a loved one, it can provide you with the financial resources and justice that is needed to help you start to heal.
Nevada has defined wrongful death as a death that is caused by the wrongful or negligent conduct of another party or person. What this means is if the decedent would have been eligible to file a personal injury claim for the injuries they suffered if they had not passed away, then their surviving family will have the legal right to file a wrongful death claim.
In many situations, wrongful death claims occur after a traumatic event or accident, like a truck collision, motorcycle accident, medical malpractice, slip and fall, dog bite, pedestrian accident, and similar situations.
State law also determines who is legally allowed to file a wrongful death claim in Nevada. The individuals who are legally allowed to make this claim include:
- The estate’s personal representative
- The surviving spouse of the individual, their domestic partner, or child
- The parents of the individual if there is no spouse, children, or domestic partner.
Also, if someone can prove that they were a dependent of the individual when they died, they may be considered eligible to file a wrongful death claim and to seek damages for these losses. Some of the individuals this may include are siblings, stepchildren, or non-related people who were dependent on the individual for financial support for a minimum of six months out of every year.
The answer to this is – it depends. The more complex your case is, the longer it will take to settle. If the party that is accused of causing the death does not accept responsibility, or if their insurance provider is not offering a fair amount of compensation, our wrongful death lawsuit may take a few years to resolve.
If you have a claim that is more straightforward, then it may be possible to resolve it within a year. While a few years may seem like a long time to get the settlement, at the end of the day, if your family has lost a loved one, the settlement will alleviate some of the financial hardship that your family is going through.
Why Choose Us
At Leverty & Associates, our entire team is dedicated to supporting our clients through difficult times. We offer free consultations and work on a contingency fee basis. With over 50 years of experience, you can feel confident you are in good hands when you come to us for assistance with your wrongful death lawsuit. Our team has the resources and expertise to help you achieve the desired outcome for your case.
We understand how devastating it can be to lose a loved one because of the negligence or wrongful act of another person. The first step is to get in touch with our legal team who will investigate your situation and help you recover the compensation you deserve.
When it comes to wrongful death cases, we have years of experience that we can put to work for you. You don’t have to deal with the loss on your own. It is possible to hold the responsible party liable and receive the compensation you deserve. Our legal team is ready to help you achieve this goal.
Testimonials
The legal team at Leverty & Associates handled my case with compassion and professionalism. I appreciate the time, work, and dedication they put into helping me recover compensation for the loss of my husband.
I appreciate all the time the legal team put into my case. They kept me updated about the progress and any changes that were happening. This legal team comes highly recommended by me.
Let Us Help with Your Wrongful Death Claim
If you have lost a family member or loved one due to the negligence or wrongful act of another person or entity, we are here to help. The first step is to get in touch with us to schedule a free initial consultation. During this consultation, we will learn the facts of your case and determine the best avenue for you to obtain compensation you deserve.
When it comes to wrongful death cases, there are a lot of complex factors you must keep in mind. We can help you understand the law and how it will affect your situation. Wrongful death cases can be emotional and challenging, but we are here to help you. Our legal team has the resources, expertise, and ability to ensure that you get the deserved compensation for your situation.
Attorney Patrick Leverty
With his master’s in insurance law, Patrick routinely helps individuals and businesses who are having issues with their insurance company. He also has extensive experience with personal injury actions, complex tort actions, product liability matters, and class actions. Patrick Leverty is rated AV by Martindale Hubbell (the highest rating) and has been granted membership in the Million Dollar Advocate Forum, and Multi-Million Dollar Advocate Forum. Patrick Leverty has been certified as a Personal Injury Specialist by the State Bar of Nevada. [ Attorney Bio ]
