Fatal Auto Accidents

Causes Of Fatal Auto Accidents

Fatal auto accidents occur due to negligent and reckless driving, including:

• Driving under the influence
• Distracted driving
• Reckless driving
• Speeding 
• Running red lights/stop signs
• Poor weather conditions  

Who Can File A Claim After A Fatal Auto Accident?

According to Nevada law, certain surviving family members can file a claim against the negligent party or parties after the wrongful death of their loved one. Those that can file a claim are:

• Surviving spouse: The decedent’s spouse can sue the individual responsible for the death of their loved one. 
• Children: Children, including adopted children, can seek damages for the loss of their parents. 
• Parents: When the individual is a minor, was not married, or does not have children of their own, parents can seek damages for the loss of their child. 
• Siblings: Brothers, sisters, and certain other relatives can file a wrongful death claim in some instances. 
• Personal representative: An executor of the decedent’s estate can file a claim on behalf of the surviving family members or when there are no eligible family members. 

Types Of Compensation In Fatal Accident Claims

While no amount of money can make up for the loss of a loved one, surviving family members can pursue different types of economic and noncomic compensation, which may include: 

• Medical expenses: All medical expenses incurred by their loved one until their death. 
• Loss of income: The family has a right to seek monetary compensation for any future income their loved one would have earned. 
• Loss of benefits: Compensation to cover losses associated with insurance coverage, retirement, and other benefits their loved one provided. 
• Funeral and burial expenses: The costs of funeral arrangements, burial, or cremation can be included in the accident claim. 
• Loss of consortium/companionship: Family members can seek damages for losing companionship, intimacy, sexual relations, and other services their loved one provided. 
• Pain and suffering: The emotional pain and suffering associated with the loss of a loved one.

When the defendant’s actions were grossly negligent or intentional, punitive damages may also be awarded to the surviving family as a means to punish the defendant for their actions. 

The Legal Process For Fatal Accident Cases

Fatal car accident legal processes can vary depending on whether you were also involved in the accident or found out after it occurred. Nevada traffic laws require anyone involved in a crash involving death or personal injury to report it immediately. 

If you were involved in the accident alongside your loved one, call 911 and file a police report. If you weren’t severely injured, try to take photos and videos of the accident scene, obtain contact information for witnesses and all involved parties, and insurance information. 

Whether you were present or not, the next steps in the legal process are:

• Consult with a fatal car accident lawyer: Suing the responsible party is a complex legal matter and should be handled by an experienced lawyer and legal team. 
• Find emotional support: The loss of a loved one unexpectedly in a fatal accident is extremely difficult. Counseling, therapy, and support groups can help you start to process your loss while your lawyer handles your accident claim.  
• Your lawyer serves notice: Your lawyer will prepare a formal complaint against the responsible party or parties, file it with the court, and ensure they are notified. The complaint will include the amount of compensation you are seeking. 
• Discovery and negotiation: Information can be exchanged through discovery meetings and depositions while negotiations take place. 
• Settlement agreement: If negotiations are successful, a settlement is reached, and all parties sign the agreement. 
• Trial: If a settlement cannot be reached, the case proceeds to trial, where a judge or jury determines the verdict. Settlements are often reached even when cases proceed to trial and can occur at any time before the jury reaches a verdict. 

Why You Need An Experienced Auto Accident Lawyer

Attempting to navigate the legal processes and negotiate with insurance companies on your own while grieving the loss of a loved one is never a good idea. Insurance companies and their representatives will come across as caring and supportive. 

However, their primary goal is to get you to agree to a settlement for the lowest possible amount. Sadly, insurance companies do not care if you lose your loved one. Their only objective is their bottom line. 

By hiring an experienced car accident death lawyer, you even the playing field and can have the time you need to grieve your loss. Your truck accident lawyer takes care of all legal aspects of your case, as well as provides emotional support and guidance during this difficult time. Most importantly, they ensure you receive the total amount of compensation you are entitled to and deserve. 

Common Challenges In Fatal Auto Accident Cases

The two most common challenges in fatal auto accident cases are determining fault and negligence. You must establish the actions of another person were negligent and resulted in the death of your loved one. You need to prove they failed to provide a duty of care, and as a result of this breach, your loved one died, resulting in losses for you and your family. You must also show they were at fault or mostly at fault through evidence and witness testimonies. 

Contact Us For A Free Consultation

If you lost a loved one in a fatal car accident in Nevada, don’t delay in seeking legal advice and assistance with your claim. At Adam S. Kutner, Injury Attorneys, our Las Vegas car accident lawyers will lead you through each step of the process to ensure you receive the settlement you deserve. 

Fatal Auto Accidents FAQs

Who Is Eligible To File A Wrongful Death Claim After A Fatal Auto Accident?

Certain surviving family members or a representative of the decedent’s estate can file a wrongful death claim in Nevada. 

How Long Do I Have To File A Wrongful Death Claim After A Fatal Auto Accident?

You have two years from the date of the accident to file a wrongful death claim in Nevada. 

What Compensation Can I Receive From A Fatal Accident Claim?

You can receive both economic and non-economic compensation, as well as punitive damages in certain cases.