Suing for Wrongful Death

It doesn’t matter if it’s a child, a parent or a spouse, it’s always painful to lose a loved one. Receiving compensation for it might not make the pain go away, but it’ll at least help ease it.


Definition

Wrongful death is the death of a person arising from the intentional or negligent act of another person.


Scenarios

The following scenarios are common cases that are viable for a wrongful death suit:

  • A driver unintentionally causes the death of a person, making the driver liable for negligence;
  • Negligence from the lack of proper maintenance or failing to put up visible signs in a slip and fall accident;
  • Death caused by violent crime, either intentionally (murder) or unintentionally (rape, robbery, etc.);
  • Ignoring or even running from their responsibility to help when someone is fatally injured;
  • Medical malpractice.

Purpose

The statutes for wrongful death were created to make up for the personal loss they have experienced, and to provide financial support to widowers and/or orphans. Its other purpose is to encourage people to exercise more caution with their actions to prevent injuries and death.


Difference from criminal charges

Civil and criminal court handles cases separately, meaning both of them have no affect on the other. This means that even if the defendant has been acquitted of a charge (like murder), they can still be sued in a civil action by the victim’s loved ones.


Who can sue for wrongful death?

Typically, only close family members can sue for wrongful death. In Nevada, this means only the deceased’s heirs can file a claim for wrongful death. Heirs include spouses, children and their next-of-kin.


Immunity from the suit

There are only few exceptions in suing someone for wrongful death, so any surviving beneficiaries can sue the person who caused their grief.

However, an exception exists that prevent the suing of family members, this exception is known as family immunity. While adult children can sue their parents, they can’t if the child is still a minor. But the duration is “tolled”, meaning the time limit is put on hold until they reach their 18th birthday.


Wrongful death vs. the State or local government

A person can file a wrongful death claim against the state or the local government, but it will only be allowed to proceed if the state has waived their Sovereign Immunity, with Nevada as one of the states that has done so.

With this, a person can claim compensation from the state if they feel it was the city or state’s fault that caused in the death of their loved one, for example, because of the mistakes of the police or a lifeguard accidentally running over someone.

Limitations

Some states limit the damages they can recover from a wrongful death claim. Nevada has a limit of $50,000.00 for any case filed against them.


Contact Ross, and get your right to proper compensation

Get excellent service and a higher chance at winning your case by contacting Las Vegas wrongful death attorney Ross Goodman. Be assured that he will do everything in his ability to get the compensation you and your family rightly deserves.

 


References:

http://www.leg.state.nv.us/NRS/NRS-041.html#NRS041Sec031

http://www.leg.state.nv.us/nrs/NRS-041.html#NRS041Sec085