What should you know when considering a wrongful death claim?

What should you know when considering a wrongful death claim?

| Jul 24, 2020 | Personal Injury |

Any time a family loses a member, its surviving individuals will struggle to adjust to a reality where they no longer have the love and support of someone who was once an integral part of their life. Financial issues are also common, especially if the person who died was a wage-earner for the family.

Sometimes, families have time to prepare for their new reality, such as when someone develops a progressive and debilitating illness. Other times, there may be no warning whatsoever, as is common in cases involving car crashes or unexpected incidents at the workplace.

In tragic situations where another person or a business caused the death of your loved one, your family may have the option of seeking compensation by filing a wrongful death lawsuit against the responsible party.

What are the basic rules for a wrongful death lawsuit?

Not just anyone can file a Nevada wrongful death claim, and there are restrictions in place regarding the ability to do so. Generally speaking, only family members have the right to file wrongful death claims, and typically spouses, children and parents are among those who file. The claimants will need evidence to support the claim that neglect or misconduct caused their loss.

Additionally, those seeking compensation for a wrongful death must file the necessary paperwork before the statute of limitations expires. In Nevada, that means two years from the date of death. While there are sometimes exceptions to this rule, those seeking to assert their statutory rights to compensation might risk losing out on that right if they don’t take action in a timely manner.

What kind of compensation can you seek?

There are different kinds of compensation available depending on the specific circumstances. It is common for family members to include medical and funeral costs in a wrongful death claim. Nevada also permits family members to request lost wages and benefits, and the practical and emotional costs of losing a member of the family.

In the most egregious cases, such as when someone knowingly and intentionally breaks the law or engages in gross negligence, surviving family members can potentially also request punitive damages intended to punish the responsible party.