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Wrongful Death of a Family Member

The death of a loved one from an accident is one of the worst things that most people can imagine. The news can leave the victim's family reeling with shock, and unable to cope with the simplest decisions. In some cases, the victim was the primary breadwinner of the family, and the accident leaves a spouse and children or elderly parents without a source of income. In other cases, the victim was simply a beloved member of the family whose loss is so painful that the parents, siblings or children are unable to cope. When someone else's negligence causes the death of an innocent victim, a wrongful death may have occurred. Wrongful death is a legal term that describes the liability that may exist on the part of one or more parties whose negligence contributed to the demise of the victim.

What Is Wrongful Death?

When someone dies as a result of the negligent actions of someone else, those who are survived by the victim may have the right to file a wrongful death lawsuit. Though most wrongful death lawsuits are filed after an accident, they can also be filed after a criminal action has been brought against the defendant. For instance, if someone was facing murder charges, but was found innocent, they could still be served with a wrongful death lawsuit – this is because criminal cases and wrongful death lawsuits have a different burden of proof. In criminal cases, the defendant must be proven guilty beyond a reasonable doubt. Whereas, in civil lawsuits, such as wrongful death lawsuits, the defendant must be proven responsible for the death by preponderance of the evidence.

Who Can Bring A Wrongful Death Lawsuit?

Nevada state law limits those who can file wrongful death lawsuits to members of the deceased’s family or those who have a particular interest in the case. This means that only a spouse or domestic partner, a child, a parent, or a representative of the deceased’s estate may file for wrongful death lawsuits. These restrictions stop uninterested parties from filing lawsuits simply for monetary gain.

What Can I Recover in A Wrongful Death Lawsuit?

Recovered compensation for a wrongful death lawsuit can include loss of income, pain and suffering, and loss of consortium or support. If you have lost a loved one due to negligence, contact Bernstein & Poisson in Las Vegas today for a free consultation. We are here to help.