A wrongful death lawsuit is a claim for damages made by an estate or by a surviving family member. This type of lawsuit is designed to compensate the family members who have suffered because of the loss of their loved one.
These damages can include medical bills, funeral costs, pain and suffering, and lost wages. A wrongful death lawyer can help you file your claim and prove that the party or parties were responsible for causing the death of your loved one.
In this article, we take a look at some of the wrongful death lawsuit tips for Nevada Residents. These tips can help you in filing a lawsuit after a wrongful death.
What is a wrongful death lawsuit?
A wrongful death lawsuit is a civil claim that can be filed by the estate of a person who’s died. The purpose of these lawsuits is to seek compensation for damages caused by another party’s negligence or wrongdoing. If you are considering filing a wrongful death claim in Nevada, here are some things you should know:
- What is the difference between a personal injury lawsuit and a wrongful death lawsuit? A personal injury suit covers both physical and mental suffering, whereas only deaths resulting from physical injuries can be considered for wrongful death claims.
- Who can file for this kind of compensation? Anyone who has suffered financial loss due to the deceased’s death may file suit against those responsible for causing it–but only if he/she has been appointed as administrator or executor over his/her estate.
Tip: Hire a Wrongful Death Lawyer
It’s important to find a lawyer who has experience with wrongful death lawsuits. A good attorney will know how to navigate the legal system, and they’ll be able to help you get your fair share of compensation from the at-fault party.
You should also consider finding an attorney who is responsive and accessible–you need someone who will respond quickly when you call or email them with questions about your case. Finally, look for an attorney who will investigate all of the facts related to your loved one’s death so that he or she can build a strong case against those responsible for it
Tip: Prove all Elements of a Wrongful Death Claim
In a wrongful death claim, you must prove that the deceased person’s death was caused by another party’s negligence or recklessness. You also have to show that your loved one would have been able to recover financially from that negligence or recklessness had they not passed away.
To make this determination, it is necessary for you to provide evidence of:
- The amount of money your relative would have earned over their lifetime if they had lived (the lost earning capacity)
- How much money he or she actually earned while alive (the present value)
Tip: Present All Evidence of Intention
As a Nevada resident, you may be wondering how to prove intent in a wrongful death lawsuit. Intent is an important element of any legal claim and can be difficult to establish. The law requires proof that the defendant knew or should have known that his or her actions would cause harm; this knowledge is called negligence.
In order for you to win your case, it’s critical that all relevant evidence of negligence is presented at trial so that the jury can make its decision based on what happened rather than speculation about what might have happened if things had been different.
Who Pays for Attorney Fees if I Win the Lawsuit?
If you win the lawsuit, the law says that the defendant must pay your attorney fees. If you lose, however, you will have to pay for your own attorney fees.
In some cases, it may be hard to tell who has more money or whether either party has enough money to pay for an attorney at all. In these situations, Nevada law requires that if there is any doubt about who has more money and hence should pay for an attorney’s services (either yours or theirs), then it will be up to a judge or jury in court proceedings called “discovery” before trial begins.
In other words: If there’s any question about whether someone should foot the bill for their own representation during discovery proceedings–and sometimes even after they finish–it falls upon those individuals themselves rather than upon their attorneys’ discretion alone!
Conclusion
In conclusion, wrongful death lawsuits are complicated and can be difficult to win. However, if you follow these tips and hire the right lawyer, then your chances of success will increase dramatically.
The Bourassa Law Group is here to manage your Nevada cases. Don’t wait and seek legal help today! Call us at (800)870-8910 and get a free legal consultation to discuss your case.
1-800-870-8910