Wrongful Death Lawsuit In Paradise Valley

What Is A Wrongful Death Lawsuit?

In English common law, a person’s death ended all lawsuits. This meant that a party was liable for injuries but not fatalities. This anomalous and unfair result was solved in the U.S. by passing wrongful death statutes.

In Nevada, the family or the estate of a deceased person can pursue compensation from those responsible for the death. This does not mean every death will result in a wrongful death lawsuit, though.

Instead, the death must result from a negligent or wrongful act. Notably, the act does not need to constitute a crime. Some examples of claims that the family can raise in a wrongful death action include the following:

• Negligent driving resulting in a fatal car accident
• Nursing home neglect causing a senior’s death
• Defective products fatally injuring users or bystanders
• Toxic chemicals producing terminal illnesses

For example, suppose that the victim died when a drunk driver hit their vehicle. A drunk driving accident attorney must prove the driver was negligent in driving while intoxicated. Importantly, the driver does not need to be legally intoxicated for the victim’s family to win a wrongful death lawsuit. Even if they were slightly intoxicated, they may still have acted negligently by driving with diminished skills.

To win a wrongful death lawsuit, the family or estate must prove the elements of the underlying case. For example, fatal premises liability and auto accident cases require proof of the other party’s negligence. This means the other party must have failed to exercise reasonable care.

Damages Recoverable In A Wrongful Death Lawsuit

Nevada’s wrongful death statute provides specific categories of damages that can be recovered in a lawsuit. Under this statute, the family can seek compensation for the following losses:

• Grief or sorrow
• Loss of probable support
• Companionship, society, comfort, and consortium
• The victim’s pain, suffering, or disfigurement

On the other hand, the estate can seek compensation for different losses.

These losses can include:

• Amounts incurred by the victim before their death, such as medical costs
• Funeral expenses

The estate cannot recover compensation for the deceased person’s pain, suffering, or disfigurement. However, the estate can pursue a different type of claim — a survival action — that seeks compensation for the victim’s losses between suffering the fatal injury and their death. Pain, suffering, and disfigurement damages are all available in this type of action.To maximize the amounts in a wrongful death settlement calculator, a Las Vegas wrongful death lawyer will often bring claims for wrongful death by the family, wrongful death by the estate, and survival.

Is A Taser Death A Wrongful Death? 

Whether the use of a Taser raises a legal claim depends on many facts, including:

• Who used the Taser?
• Why did they use it?
• What was the victim doing?

The police can use non-lethal force anytime they believe it is necessary to protect themselves or others. They can also use non-lethal force to restrain a suspect. If the victim dies due to Taser use by the police, the family and their Paradise personal injury lawyer must prove the Taser use was unreasonable under the circumstances to establish wrongful death.

Similarly, Nevada has strong self-defense laws. If the person who used the Taser reasonably believed the victim posed a threat of injury to themselves or others, they can use the device in their defense. People can also use non-legal devices like Tasers to defend their property. 

Again, to prove liability for a Taser death, the family and their lawyer must prove the victim did not reasonably threaten the other party.

How Long Does A Wrongful Death Lawsuit Take?

The family or estate must file a wrongful death case within two years of the victim’s death, although this time is extended to three years for deaths caused by medical malpractice. The time limit starts running on the date of death.

Once the case starts, it could take months or even years to resolve. It will typically begin with an insurance claim against the at-fault party’s liability insurance policy. Many policies cover accidental death, including auto insurance and malpractice insurance. If the insurer accepts liability, the case may settle in a matter of months.

However, insurers often deny liability and force the family and estate to file a lawsuit. If this happens, the parties may litigate for months or years to prove the cause of the victim’s death and who bears the liability for it.

The Role Of A Paradise Wrongful Death Lawyer

The family and estate of the victim usually only get one chance to get justice for their loved one. The right legal representation can help to ensure they receive full and fair compensation for the losses they and the victim suffered.

Adam S. Kutner, Injury Attorneys, has successfully represented over 50,000 clients in their fight for justice. We have several decades of experience fighting at-fault parties and their insurers to win fair settlements and jury verdicts, and we can help you, too.