Dealing with the loss of a loved one due to a fatal accident can be extremely difficult. Even if the individual responsible is not criminally charged, they may be held civilly liable for their wrongful actions. Wrongful death claims are known for being challenging, and hiring an attorney as soon as possible may help you win.
A successful wrongful death claim begins when the deceased person’s heirs, personal representative, or both file a claim. We must accurately determine the cause of your loved one’s passing and provide evidence showing how the defendant is responsible. Evidence and records in your case should largely consist of medical records about the deceased person’s injuries and cause of death. We may also require additional details, information, and evidence regarding the accident and the defendant’s actions.
For a free initial case evaluation from our Las Vegas, NV wrongful death lawyers, call Mitchell Rogers Injury Law at (702) 702-2622.
How to File a Wrongful Death Claim
It may be difficult to file a wrongful death claim as you not only have to navigate complex legal procedures, but you may also be dealing with personal grief from the loss of your loved one.
The first step toward a successful wrongful death case is to determine who can file the claim. According to N.R.S. § 41.085(2), a wrongful death action may be maintained by the decedent’s heirs, the decedent’s personal representative, or both. If both parties file claims, they may be consolidated into a single case.
The decedent’s heirs include those legally entitled to inherit if the deceased person died intestate, including immediate family members. People who are unrelated to the deceased person, such as close friends, are not heirs for a wrongful death claim even if they are named in the deceased person’s will.
The personal representative is someone who legally represents the deceased person’s estate. A family member or friend may be named as the representative in the deceased person’s will. If there is no personal representative, you may go to the courts and ask for one to be appointed.
Determining the Cause of Death in a Wrongful Death Case
For your wrongful death claim to succeed, our Henderson, NV persona injury lawyers need to accurately determine your loved one’s cause of death and how the defendant is responsible.
The cause of death is not something we can determine on our own, even if it is somewhat obvious. We will likely rely on doctors and medical experts to determine the cause of death. As such, in wrongful death claims, the deceased person’s remains should be examined by a medical expert. Medical and autopsy reports may be incredibly important.
Next, we must show how the defendant’s wrongful actions are the direct cause of your loved one’s passing. In some cases, it is clear from the start that the deceased person’s injuries could not have occurred unless the defendant acted wrongfully. However, many cases are not so straightforward.
Not only must we show that the defendant’s actions are the direct cause of your loved one’s passing, but we also must show that their actions were legally wrongful. Wrongful actions encompass a wide range of behaviors. They may have acted negligently or intentionally when they caused your loved one’s injuries.
Gathering Records to Win a Wrongful Death Claim in Nevada
In a wrongful death case, a lot is at stake, and courts will likely want to see a plethora of compelling evidence. Your attorney should help you review your case and determine what evidence and records you need to win.
Some of the most important records in a wrongful death case are the deceased person’s medical records. First, these records may help us prove the cause of death, which is extremely important. Second, if the defendant argues that something else, like a pre-existing medical condition, caused the deceased person’s death, their medical records might prove otherwise.
We must also present evidence of your damages. Wrongful death cases tend to involve high damages, as the loss of a loved one is a very serious matter. However, the courts will not award anything if we cannot prove your damages. Records of expenses, lost financial support, and testimony about your family’s grief may be necessary.
Identifying All Your Damages in a Wrongful Death Case
For your wrongful death case to succeed, we must identity the full extent of your family’s damages. On top of that, we may need to assess the damages your loved one incurred before they passed away.
Economic or pecuniary losses claimed by the deceased person’s heirs may include lost financial support and other expenses surrounding the loss. Your family might have relied on your loved one’s income, and losing them might have serious financial implications.
You can also claim damages for your pain and suffering. Losing a loved one is incredibly difficult, and many families go through a long period of emotional distress and turbulence before their lives begin to feel normal again.
When the deceased person’s personal representative files a wrongful death claim, they may claim damages on behalf of the deceased person’s estate. These damages may involve your loved one’s medical expenses from before they passed away, funeral costs, and any damages they might have claimed for themselves had they survived.
Filing Your Wrongful Death Case on Time in Nevada
A key step in your case is to file everything on time. The statute of limitations under N.R.S. § 11.190(4)(e) gives plaintiffs only 2 years to file their claims. It is important to note that the time runs from the date of death, not necessarily the date of the wrongful act.
Some plaintiffs are unable to file their cases within the limitation period due to circumstances beyond their control. In such cases, you need to understand your tolling options.
According to § 11.300, plaintiffs may have the statute of limitations tolled because of the defendant’s absence from the state. This may be important in cases where the defendant has intentionally fled to avoid liability or does not reside within Nevada.
Receive Assistance From Our Nevada Wrongful Death Attorneys
For a free initial case evaluation from our Las Vegas personal injury lawyers, call Mitchell Rogers Injury Law at (702) 702-2622.