HENDERSON WRONGFUL DEATH LAWYER

It’s always sad when a loved one dies, especially when the death could have been prevented. This is typically the case in wrongful death cases.

If your loved one has unexpectedly passed away, you may be dealing with grief along with funeral expenses and other damages. This can be a huge financial challenge that puts you in dire straits.

If your loved one’s death was caused by someone else’s negligence, you want to ensure your family receives the compensation they deserve through a wrongful death lawsuit. A Henderson wrongful death lawyer from Cameron Law can help you deal with the financial implications of a family member’s death.

Who Can File a Wrongful Death Lawsuit?

In Nevada, a person has two years to file a wrongful death claim after their loved one dies. There are just two groups of people who can bring about a claim:

• The personal representative of the deceased person’s estate.
• The deceased victim’s “intestate heirs,” or surviving family members.

If the victim was married, that person’s surviving spouse, domestic partner, or children would be the heirs. If the victim was not unmarried and had no children, then their heirs would be:

• Their parents
• Their siblings
• Their closest surviving family member who is not a parent or sibling

The following groups of people are ineligible to bring about a wrongful death claim, even if they are listed in the victim’s will:

• Fiances or significant others
• Close friends

Keep in mind that a wrongful death claim is a civil lawsuit. It is not a criminal case, so a person who is sued will not go to jail or face other penalties unless there is a separate case against them. This could happen if a criminal act led to the person’s death, such as drinking and driving.

Elements of Wrongful Death

A valid wrongful death claim requires four elements:

• Negligence. It must be proven that the person’s death was caused by the defendant’s negligence, carelessness, or recklessness. The victim must not have caused their own death.
• Breach of duty. It must be proven that the defendant owed a duty to the victim and it was breached. For example, motorists have the duty to drive safely. Medical professionals have a duty to care for a person’s health. When these duties are breached, it can result in negligence.
• Causation. It must be proven that the defendant’s negligence caused the victim’s death.
• Damages. In a wrongful death case, there must be damages involved. These damages may include medical expenses, hospitalization, burial costs, funeral costs, loss of income, loss of inheritance, and any pain and suffering before the victim’s death.