Losing a loved one in the event of a wrongful death isn’t easy. Even more difficult is the task of making a successful lawsuit against the party who performed the act of negligence that caused your loved one’s death. A good wrongful death law firm in Henderson, NV is what you need to get the justice you and your deceased loved one deserves and Eric Roy Law Firm serves both Henderson and all other major Las Vegas Metropolitan neighborhoods.
There are as many approaches to handling wrongful death cases as there are causes of an unfortunate fatal accident. A wrongful death law firm in Henderson, Nevada will know how to handle each case specifically; knowing what it takes to prove each act of negligence individually as opposed to handling each case in the manner of a template. Some, though not all causes of a wrongful death include:
In all the above scenarios, a wrongful death claim can be applicable and this is also where a qualified wrongful death law firm in Henderson, Nevada is necessary to handle your case successfully.
A good law firm in Henderson, Nevada specializing in wrongful death will know the specifics required to prove a wrongful death case. That is, the plaintiff must meet the same burden of proof that the deceased would need to meet if they had lived.
As all citizens of the US are required by law to give each other a level of care for each other’s safety and a murder or other act of negligence is a breach of this “contract” so to speak. It is for this breach that a wrongful death law firm in Henderson, Nevada will try to recover damages for.
How Wrongful Death is Defined Under Nevada Law
Each state defines its tort (injury) laws individually, so there are some differences between the states’ approaches. In Nevada, wrongful death is defined as a death of a person “caused by the wrongful act or neglect of another.” Neglect would cover unintentional acts (which were nonetheless foreseeable and preventable), while a wrongful act usually describes intentional harm, such as murder.
If you’re wondering which kinds of incidents would qualify for wrongful death litigation, it may be helpful to think of wrongful death as an extension of personal injury. If your loved one was seriously injured in an accident but survived, he would file a lawsuit on his own behalf against the at-fault party. Because your loved one’s injuries were fatal, however, you will need to work with an experienced Henderson, NV wrongful death law firm to file the litigation on his behalf and on behalf of the losses you’ve suffered as a surviving family member.
Not Just Anyone Can File a Lawsuit for the Deceased
The plaintiff in personal injury cases is easy to determine. It is the person who was injured. But who acts as the plaintiff in a wrongful death claim? Again, this varies by state. But here in Nevada, potential plaintiffs are generally limited to:
In certain circumstances, others connected to the deceased may be able to file as plaintiffs. But it is best to speak with a Henderson, NV wrongful death law firm to learn whether or not such exceptions would apply to your situation.
Compensation Available in a Wrongful Death Lawsuit
Civil lawsuits involve seeking damages (compensation) for harms done. What damages are available depends on the details of the case and the victim. For instance, if the victim was a child, the available damages may look different than those sought for an adult who was supporting a family.
For the sake of argument, consider the latter example. Let’s say a middle-aged man is the breadwinner for his family and is killed by a negligent driver. The damages his family could seek in a wrongful death lawsuit would likely include compensation for:
When Wrongful Death is Also a Criminal Matter
Acts like drunk driving or intentional homicide are both crimes. As such, the perpetrators will face criminal prosecution. But prosecution can do little to compensate the victim’s loved ones. Thankfully, eligible plaintiffs can pursue a separate civil lawsuit alleging wrongful death regardless of what happens in the criminal proceedings. Even if the defendant is not convicted in a criminal trial, he or she can still be found liable in a civil lawsuit. If you have questions about this complex area of law, don’t panic. The experienced Henderson, NV wrongful death law firm “Eric Roy Law Firm” can help. Our Henderson, NV wrongful death law firm specializes in personal injury and wrongful death cases, so we have the kind of experience you’ll want to benefit from when you’re trying to determine whether to file a wrongful death lawsuit or not.
Eric Roy Law Firm serves Henderson and all other Las Vegas areas. Our attorney Eric Roy is also experienced in going to trial and will go the distance to fight for your case and get the justice you and your deceased loved one deserves. Call 702-423-3333 to get your free consultation and your case started!