152 people died in Vegas car crashes in 2022, showing how dangerous the roads are. Some of these deaths were caused by other people’s negligence or misconduct, leaving the victims’ families devastated.
If you’re in Las Vegas facing the same tragedy, then you might be wondering if you can sue for wrongful death. The answer is yes. You can seek compensation and hold those responsible for your loved one’s death accountable. Read on to learn more about wrongful death claims in Las Vegas so you can seek justice and compensation for your loved one.
What Is Wrongful Death in Las Vegas?
Nevada law defines wrongful death as death caused by another person’s negligence, recklessness, or wrongdoing. The statute allows the victim’s loved ones to seek compensation for the loss by suing the person who caused the accident in a civil lawsuit.
Wrongful death lawsuits are different from criminal litigation. Although the same act of negligence can result in both criminal charges and a civil lawsuit against an individual, they are two different legal actions with two different types of results. In criminal litigation, the defendant may be jailed, pay a fine, or face other penalties, while in a wrongful death suit, the only outcome can be the victim’s eligible survivors being compensated.
A good example of the difference between the two is a drunk driving accident that results in the death of a pedestrian. The state of Nevada can file criminal charges against the drunk driver for his or her reckless actions. At the same time, personal injury attorneys can file a wrongful death claim to seek compensation on behalf of the victim’s surviving relatives.
How Do You Define Wrongful Death in a Car Accident?
In Nevada, you can file a wrongful death claim when your loved one dies in a car accident caused by someone else’s negligence or intent. Some forms of negligence in car accidents include reckless driving, driving under the influence, or violating traffic rules.
These cases are only valid if the following apply to you:
- You are able to prove that the defendant’s actions were the direct cause of the death.
- The deceased would have been able to file a personal injury lawsuit had he or she survived.
- You are able to prove the losses you suffered as a result of the death of your deceased loved one.
What Are the Elements of a Wrongful Death Claim?
To win a wrongful death claim, you must be able to prove negligence by showing the following:
- Duty of care: The party at fault must have been expected to act reasonably so as not to cause harm to others. Every driver, for instance, is expected to obey the traffic rules to reduce the chances of causing a road accident.
- Breach of duty: The at-fault party has, in one way or the other, failed to meet the required standard of care. Some causes of accidents include speeding or using a mobile phone while driving.
- Causation: The breach of duty is directly linked to the accident, which in turn led to the death. There has to be a clear relationship between the actions of the at-fault party and the death that occurred.
- Damages: The death led to specific monetary losses to the surviving family members, including the costs of burial, lost wages, and pain and suffering.
These elements are crucial in your case as they show how the actions of the at-fault party resulted in the death of your loved one.
Who Can File a Wrongful Death Claim in Las Vegas?
According to Nevada laws, not every person who has been affected by a loved one’s death can file a wrongful death claim. The state has set certain rules on who is allowed to file a lawsuit. Generally, the following are allowed to file a wrongful death claim:
- Immediate family members: This includes the spouse, children, and parents of the deceased person. If the deceased had no immediate family, then the extended family may be considered.
- Personal representative of the deceased’s estate: This is a person appointed to represent the deceased’s estate. They can file a suit in order to claim damages that would go a long way in reimbursing the estate for the losses incurred, including medical expenses and the pain and suffering of the deceased before death.
- Dependents: People who were financially dependent on the deceased, including stepchildren or other minors in the household, may be able to file a claim.
Holding the Right Party Accountable
It’s important to know who is to blame in a fatal car accident so you can seek justice for your deceased loved one. If you have lost a loved one in a Las Vegas car crash, you can consult a wrongful death attorney to give you the guidance needed to seek justice.