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The loss of a family member is a devastating reality. This can prove to be even more traumatic when the loss is unexpected, may very well have been avoided, and it was caused by another who was negligent in their actions. Although the loss of a loved one cannot be replaced, a claim for wrongful death may begin to compensate surviving dependants or family members for the financial loss endured.

Types of Claims

To successfully achieve a claim for wrongful death, you must be able to show that the death was caused by another party’s wrongful or negligent act. As a result of the victim’s death, there must also be damages that have been incurred as a result. Lastly, there must exist legal dependants, surviving spouse, children, or other heirs that are affected by the death.

In Nevada, there are many different scenarios that constitute a wrongful death claim. Another party’s negligence may be attributed to a motorcycle accident, truck accident, or car accident. It could also be an accident that doesn’t involve a vehicle at all. Fatal effect of medicine or defective products can constitute product liability on manufacturers. Medical malpractice or nursing home neglect and abuse may have caused an untimely death. The list goes on.

What Damages Can Be Recovered?

When there is an unexpected death, many unexpected financial burdens arise as well. Now the family must raise funds to pay for funeral expenses as well as medical bills associated with the tragedy. Also, the family no longer has the financial contribution of the victim who may very well have been the sole provider.

In a wrongful death suit, it may be possible to recover damages such as:

Loss of future income of the victim until time death or retirement
Medical and funeral expenses that are a direct result of the death
Survivors loss of companionship and care
Loss of benefits such as a pension or medical coverage

In some instances, punitive damages may also be recovered. Punitive damages is when a court orders the negligent party to pay an amount above and beyond the damages incurred by the victim’s family. This is typically done as a punishment to deter the negligent party from conducting the same wrongful act in the future.

Filing a Claim

There is of course a statute of limitations to file a claim. In the state of Nevada, a wrongful death claim must typically be filed within two years of the date of death. However, in some cases, the time limit may not begin to run until it’s found the death was actually caused by another’s neglect. Speaking with an attorney as soon as possible can assure that your claim for compensation due to a wrongful death will not be barred.

If you are not certain whether or not you have a claim for compensation against another party or entity for the tragic and untimely death of a loved one, it is imperative to speak with an attorney experienced in this area. We can’t change what has happened, but the wrongful death attorneys at Rocheleau Law will do everything we can to help you receive what you are entitled to.