Wrongful Death Claims: An Overview

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Sadly, there are plenty of wrongful death claims in Las Vegas, Nevada as well as throughout the United States. These claims come about after a loved one dies due to someone else’s negligence or intentional actions and are meant to cover funeral expenses and compensate the surviving family members for their loss. Here is an overview of wrongful death claims.

When a person dies because of the actions of another, that individual’s loved ones have a right to sue. A wrongful death claim can encompass a number of situations, including medical malpractice, a car accident and other instances in which liability is involved. People, companies and governmental entities can all be legally at fault for negligence in these types of claims.

A surviving family member of the deceased or a representative of the individual’s estate can file a wrongful death claim. In most cases, the person or persons who file the claim are immediately members of the person’s family, such as the spouse or children or the individual’s parents. Sometimes, a domestic partner or other person who was financially dependent on the deceased has the right to recover damages and loss due to the wrongful death.

There are a number of examples of why a wrongful death claim may be made. These include:

• A driver who was at fault in a car accident that proved fatal for the individual
• The builder or designer of a faulty roadway
• A government agent who neglected to provide warnings about hazardous road conditions that led to an accident
• A manufacturer, installer or distributor of a dangerous or defective part of a vehicle
• A person who sold or served alcohol to an impaired driver
• The owner of a premises where alcohol was provided

Sometimes, government agencies and employees have immunity against a wrongful death suit. In other words, that means they cannot be sued for the death of the individual.

In a wrongful death claim, damages can be recovered by the plaintiffs, including medical and funeral expenses, loss of earnings of the deceased, loss of benefits, loss of inheritance, value of goods and services that would have otherwise been provided by the deceased, compensation for survivors’ pain and suffering, loss of care, guidance, nurturing and more from the deceased, loss of companionship and love and loss of consortium for the individual’s surviving spouse. In addition, there are occasionally punitive damages awarded to the claimant.

If you need an attorney to file a wrongful death suit, hire one immediately. It will better your chances of recovering all the compensation you are due.