Under Nevada law, a spouse, child, parent, or personal representative of an estate may sue for wrongful death in a motorcycle accident. Claiming compensation after a devastating motorcycle accident that resulted in a loved one’s death can be complicated and emotionally draining. It is also a reason many seek legal advice from a wrongful death accident lawyer who can take action to help protect the family’s economic stability.
If you are reading this following the loss of a family member, we extend our deepest sympathies at this most difficult time. While no amount of money can compensate for the loss of a loved one, we offer the following information to help you understand more about the legal remedies available to you and your family.
Compensation is Available for Families in Wrongful Death Lawsuits
You have the right to take legal action if the loss of your loved one was caused by another person’s reckless, negligent, or wrongful act. A wrongful death case happens when the deceased’s estate administrators file a lawsuit against the person responsible for the accident. Related expenses can be sought in a claim for damages, which can include the following:
- Loss of companionship, comfort, care, emotional support, and guidance
- Compensation for funeral and burial expenses
- Your loved ones end of life expenses, including their medical bills
- Financial losses, including lost earnings, future income, and pensions
- Grief, anguish, and emotional trauma
- Recovery for other benefits such as retirement, medical, or health insurance coverage
- Loss of inheritance
- Punitive damages, in some instances
While you may expect an insurance company to be sympathetic to your situation, first and foremost, they operate as a business and may attempt to take advantage of the family’s vulnerable emotional position in a bid to settle quickly. Unfortunately, it is rarely the case that an initial settlement offer will genuinely reflect the magnitude of your loss.
If you are unsure of the legal options available to you following the loss of a loved one or have received an offer from the at-fault party’s insurer you are worried may be too low, it can be beneficial to discuss your concerns in a free case evaluation with a wrongful death accident lawyer’s team.
How a Wrongful Death Motorcycle Accident Lawyer Can Help
Seeking legal representation can help you and your family move through the complex legal process and fight for the compensation you deserve. The following services are provided to help build a case:
- Investigating the circumstances of the accident
- Identifying responsible parties
- Gathering vital evidence to prove negligence
- Evaluating the financial impact of your loss
- Negotiating with the at-fault party’s insurers and reviewing settlement offer
If you would like to know more about how a personal injury lawyer can help you at this most difficult time, reach out to our law firm. With the deepest concern for your loss, we urge you to consider calling for a free initial consultation to discuss your legal options with no obligation after that.
Legal Time Limits and Other Factors that Could Affect Your Case
It is essential to be aware of laws that could affect your right to file a lawsuit under the statute of limitations, per NRS §11.190(4)(e). In Nevada, you will need to file a wrongful death lawsuit within two years from the date of your loved one’s passing (in most cases).
If missed, it is unlikely you will be able to claim compensation or bring those responsible to account for their actions.
Compensation if the Other Party Contests Blame for the Fatal Accident
In some cases, the at-fault party may claim your loved one was also partly responsible for the accident. With this defense, Nevada’s modified comparative negligence law (NRS § 41.141) will be relevant. This requires the authority responsible for deciding the claim to examine the case’s facts and assign a percentage of fault to each person.
In short, you can still recover compensation as a family in the event your loved one is found to be at fault, provided they are assigned not more than 50% blame for the accident. Further, our personal injury lawyer can help you fight back against such allegations and help to overcome any challenges present—such as jury bias against motorcyclists, for example.
Seek Legal Representation Today with Lawyers at Bernstein & Poisson
If your loved one died in a motorcycle accident due to the negligence of another person, we have profound compassion and sympathy for your loss. We are dedicated to providing legal support and care for your situation. By shouldering the legal responsibility on your behalf, we can pursue the compensation needed to help your family at this most difficult time and hold those responsible for your loss liable for their actions.
To find out more about our services, call Bernstein & Poisson for a free consultation at (702) 633-3333. Together we can evaluate the circumstances of the accident and help to determine whether you can sue for wrongful death in a motorcycle accident.