Death is tragic in any situation. However, if you’ve lost a loved one due to someone else’s negligence, that can make the death even more tragic. It may even leave you in financial peril. If you’ve lost a loved one in a wrongful death scenario in Reno, Nevada, a court may award you financial compensation. You should contact an experienced Reno personal injury lawyer to discuss your eligibility to file a wrongful death claim.
Wrongful death is a legal term for a case in which the intentional, reckless, or negligent actions of one person cause the death of another. A wrongful death claim is a lawsuit filed in civil court, and usually must be filed within two years from the date of the death. Wrongful death claims are similar to personal injury claims, except the family seeks compensation for the death instead of the injured individual seeking compensation for his or her injuries. To obtain compensation in a wrongful death lawsuit, the estate or family members must prove that another party’s negligence or intentional harm caused their loved one’s death and that this death caused monetary injury to surviving family members or to the decedent’s estate.
The following are permitted to file a wrongful death claim in Nevada:
Under Nevada law, you must file a wrongful death claim within two years of the date the fatal injury occurred. If you have not filed a claim within those two years, your right to bring the case to court is nullified, and you are not eligible for compensation for the wrongful death of your loved one.
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Team Of Attorneys
Our entire team of attorneys and paralegals at Benson & Bingham Accident Injury Lawyers, LLC carries years of experience representing clients in all types of wrongful death cases. We help you understand the legal options available to you and guide you every step of the way. Our Reno wrongful death law firm understands the difficulty of losing a loved one unexpectedly and demonstrates compassion as we negotiate on your behalf. Contact us to schedule a free consultation to discuss your situation, and one of our attorneys will reach out to you shortly.
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Death Law Firm In Reno
Benson & Bingham Accident Injury Lawyers, LLC has a variety of convenient locations throughout Reno and the surrounding areas. We want to make it simple for you to schedule a free consultation and choose a legal option that works best for your needs. When you visit our Reno wrongful death law firm, you will never be pressured to make a decision you aren’t ready for, but will feel heard and prioritized.
What Must I Prove To Succeed In A Reno Wrongful Death Lawsuit?
In wrongful death situations, one of the first foundational aspects that must be proven is that the defendant owed a duty to the deceased and that the duty was breached. If your attorney can prove that the defendant breached his duty, the defendant can be sued for negligence and held accountable. The duty that was owed is to use reasonable care to avoid causing injury to that person or to their property. When someone dies as a result of injury from negligence, that basic duty is breached.
Once it has been determined that the defendant owed a duty of care, or a duty to avoid causing injury to that person or their property, the attorney needs to prove that the duty of care was breached and therefore harmed the deceased. Your wrongful death lawyer in Reno must be able to show without doubt that the defendant failed to act as a reasonable human, and that failure caused injury and resulting death.
Comparative negligence is a legal doctrine in Nevada that can result in a reduction of a wrongful death settlement. It is the argument that the deceased person contributed to his or her own death in some manner. Under the state’s modified comparative negligence law, as long as an accident victim’s percentage of fault is less than 51%, he or she is still eligible to recover compensation. However, the settlement will be reduced by an amount equivalent to the victim’s degree of fault.
For example, if your family is awarded $500,000 for a wrongful death claim but your loved one is allocated 15% of fault for the fatal accident, the settlement would be reduced by 15% ($75,000) to $425,000. If the percentage of fault is above 51%, the plaintiff will no longer be eligible for any compensation from the defendant. It is vital to contact an attorney if the defense is attempting to use the comparative negligence argument in your case.
Both economic and non-economic damages are essential to proving your compensation claim. Economic damages include physical and financial strains such as vehicle repairs, medical bills, daily expenses, and the cost of living. Non-economic damages include emotional distress, pain and suffering, loss of consortium, loss of companionship, and more. Your attorney will use police reports, medical records, receipts, vehicle repair estimates, doctor’s bills, and more to provide reasonable proof for your claim.
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