If you lost a loved one because of someone else’s negligence or intentional actions, you understand the horrific pain of grieving a death, knowing this loss could have been prevented. Winning a wrongful death case in Nevada can help you cope with your feelings of anger, frustration, and loss. A wrongful death settlement can ease your financial burdens. It can serve to punish the wrongdoer for his or her actions. And a successful claim with a substantial settlement can spotlight the incident that caused your loved one to die, possibly reducing the chances of this same type of accident happening to someone else.
Often, wrongful death cases are settled out of court. An out-of-court settlement can save grieving families from the painful process of enduring a drawn-out courtroom trial. But when appropriate settlement agreements cannot be achieved outside of court, our wrongful death attorneys will bring your story before the judge to help secure your financial future.
If your loved one was killed, give our accident lawyers a call. Let us help make a difference in your recovery. Call the David Boehrer Law Firm at 702-750-0750.
To succeed in a wrongful death case, we will need to prove the other party owed a duty of care to the victim and that their failure to act with care resulted in your loved one’s death. Some ways the responsible party may have acted negligently or recklessly include:
If the person who caused the death was employed by someone who was responsible for the wrongdoer’s conduct, that person or entity can be held liable as well.
We’ll also need to present evidence showing the responsible party acted recklessly or negligently. This can include eyewitness statements, expert testimony, or physical evidence from the scene of the accident. Even when attempting to settle your case out of court, you will still need to show evidence exists which supports your claims. Because the stakes are so high in wrongful death suits, it’s important to gather and preserve as much evidence as possible. This may include:
We will also need to show evidence that demonstrates the financial losses involved with the claim. This can be done by:
In a wrongful death claim, certain surviving family members may be able to recover a host of damages from the responsible party.
Economic damages in a wrongful death claim are some of the easiest to determine. These include losses you probably received a bill for, like medical bills and funeral expenses. Certain other costs, like property damage caused by the events that led to the death, lost benefits for survivors, and lost income (including money your loved one could have earned in the future had he or she not died) may also be awarded.
Quantifying non-economic damages can be a bit more complicated because it’s difficult to pin a dollar amount on things like loss of comfort, companionship, and affection, grief and sorrow suffered by the family, and pain and suffering endured by the victim prior to the death.
In cases where the wrongdoer was particularly reckless, the acts were intentional, the responsible party was a habitual violator, or gross negligence can be proven, punitive damages may be awarded. These damages, while paid out as part of the wrongful death settlement, are not intended to compensate the family for their losses. They are designed to punish the wrongdoer for the acts that caused the death.
Since wrongful death claims are often high-value cases, courts and insurers will expect strong evidence in support of these claims. Gathering this evidence can involve many hours of research, not to mention the challenges of presenting it coherently to a judge or insurance adjusters. The single most important thing that families of wrongful death victims can do to improve their chances of getting a fair settlement of their wrongful death claim is to hire an experienced accident lawyer to represent their case.
In Nevada, families are afforded a limited amount of time to pursue damages in a wrongful death case. If you fail to file your claim within the time allotted, you can lose your right to recover compensation. As difficult as it may be to direct your energy towards obtaining financial recovery so soon after you’ve lost someone dear, it is in your best interest to work with a wrongful death attorney right away. The statute of limitations provides you with just two years from the date the incident occurred to begin your case.
At David Boehrer Law Firm, our attorneys have been described as some of the best accident attorneys in Henderson. Our team’s experience and knowledge of the law can significantly improve your chances of success when pursuing a wrongful death claim. Submit your information through our online form or call us directly at 702-750-0750. Your first consultation is free.