Wrongful Death Law Firm Henderson, NV

Wrongful Death Law Firm Henderson, NV

Wrongful Death Law Firm in Henderson, Nevada

Our wrongful death law firm Henderson, NV trusts knows that 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:

  • Death In Auto Accident: Your run of the mill car, truck, or motorcycle accident
  • Death By Medical Malpractice: Death resulting from a medical care provider’s intentional or unintentional negligence
  • An Intentional Killing: As it implies, when an individual intentionally murders another person by whatever means.

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:

  • The surviving spouse or partner of the deceased
  • The children of the deceased
  • The parents of the deceased (if no spouse or children)
  • An official representative of the deceased person’s estate

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:

  • Medical bills
  • Funeral and burial costs
  • Lost wages (based on what the deceased likely would have earned over the remainder of his career)
  • Loss of parental guidance (if the victim had minor or dependent children)
  • Pain and suffering (that the victim experienced)
  • Loss of companionship/consortium (on behalf of the family)

Proving Wrongful Death Occurred

After your loved one has passed away you may be dealing with a great amount of pain, including realizing you won’t see your loved one again, planning their funeral, and helping other friends and family cope. We understand that when this happens, the last thing you may have on your mind is filing a lawsuit and dealing with legal matters. In fact, we firmly believe that you are not the person who should be handling this at all. When it comes to a wrongful death lawsuit, leave it to the team who can be by your side every step of the way and take on the legal burden for you. You should not have one more thing to deal with during this difficult time. Call our office to schedule an appointment to speak with our attorney today. 

Finding Your Loved One Justice

When someone files a wrongful death lawsuit it is not usually because they are mean or vindictive. In fact, all they want to do is give their deceased loved one the justice they deserve and make sure that the person who did this to them understands that what they did is wrong. When filing a wrongful death lawsuit, your attorney will be looking for a few elements that are common to all wrongful death lawsuits:

  • There was a duty of care. Your lawyer will have the obligation of showing that the defendant (the person who caused your loved one to die) owed them a certain duty of care. There are many different types of “duty” that people have. If your loved one slipped and fell on someone’s property that was not properly maintained, your attorney would show that the defendant owed people who came on their property a duty of care to keep it well-maintained and safe. 
  • There was a breach in the duty of care. Once your attorney establishes that there was a duty of care, they must show that there was also a breach in this duty. If your loved one was on the defendant’s property and slipped because it was unsafe, this could be considered a breach. 
  • There was death as a result. If your loved one was uninjured and did not die from the injuries, obviously, there would be no reason for a lawsuit. However, if your attorney can show that the injuries sustained by someone else’s negligence caused their death, then you will have causation. For example, if they slipped on someone else’s property because someone else came and pushed them, it would not be the property owner’s fault. 

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 by our Henderson, Nevada wrongful death law firm.