Gladiator Injury Law: Wrongful Death

Selecting the Right Nevada Wrongful Death Attorney

When choosing a wrongful death lawyer, it’s essential to consider several key factors that can impact the success of your claim. First and foremost, you want a lawyer with a proven track record of achieving results. At Gladiator Injury Law, we have a history of successfully resolving personal injury claims for our clients, and we bring that experience to every case we handle. We are dedicated to providing high-quality, committed service to all our clients. We go the extra mile to fight for the resolution that you need for your wrongful death claim.

Frequently Asked Questions About Nevada Wrongful Death Claims

If you have lost a loved one due to someone else’s negligence, you may be wondering if you are eligible to file a wrongful death claim. Working with a lawyer can help you determine whether you have grounds for a wrongful death claim. Here are some questions to consider:

1. What does “wrongful death” mean under Nevada law?

In Nevada, wrongful death refers to a death that occurred due to someone else’s negligence rather than natural causes or a specific crime, like murder. Negligence means that the responsible party failed to fulfill their duty of care towards the deceased person.

For example, if a negligent driver caused a car accident by running a red light, they violated their duty to obey traffic laws and drive safely. The negligent driver can be held financially responsible for the damages caused. If the injured person dies as a result of the accident, certain parties can bring a wrongful death claim against the negligent driver or entity.

1. What is your relationship with the deceased?

Typically, immediate family members of the deceased have the right to file a wrongful death claim. Only one claim can be brought against the responsible party. Eligible immediate family members may include:

• The spouse of the deceased
• The parent(s) of a deceased minor child
• Adult parents who were financially supported by a deceased adult child
• Minor children of the deceased
• Other individuals who were receiving financial or physical support from the deceased at the time of their death

2. Could the deceased have filed a personal injury claim if they had lived?

To determine eligibility for a wrongful death claim, consider whether the deceased person could have filed a personal injury claim if they had survived. If the answer is yes, you may have grounds for a wrongful death claim. Wrongful death claims can arise from various accident scenarios, including auto accidents, medical malpractice, product liability, slip and fall accidents, and more.

3. What is the relationship between wrongful death and crime in Nevada?

Wrongful death cases generally involve negligence that led to an accident, but they can sometimes overlap with criminal cases. If a reckless driver caused a death, for instance, they may face criminal charges for violating traffic laws.

Criminal cases are separate from wrongful death cases. Wrongful death cases are brought in civil court by the deceased’s estate or loved ones seeking economic compensation. Criminal trials aim to punish the suspect for a crime and do not provide economic redress for victims.

Filing a Wrongful Death Claim: What to Expect

If you are unfamiliar with the process of filing a wrongful death claim, it can seem complex. At Gladiator Injury Law, we guide our clients through the claim process, ensuring they understand each step along the way. Understanding this process can make navigating the claims process easier for you.

What types of compensation can you recover in a wrongful death claim?

While it is not possible to guarantee the amount an insurance company will offer for a wrongful death claim, many people seek common types of compensation, including:

• Medical bills incurred by the deceased prior to their death, including expenses resulting from the accident.
• Loss of the deceased’s wages if they provided the majority of the family’s financial support. This compensation can help cover expenses until alternative financial arrangements can be made.
• Loss of services provided by the deceased. For example, a stay-at-home parent who took care of childcare saved the family significant costs in daycare. Compensation may also cover responsibilities like house cleaning or yard maintenance.
• Loss of companionship and guidance. While financial compensation cannot replace the companionship and guidance of a deceased parent or spouse, it can help survivors build a better life despite the loss.

Should you contact the insurance company first?

Unfortunately, insurance companies often try to minimize their payouts by fighting wrongful death claims. They may offer a low settlement immediately after your loved one’s death, which does not reflect the full costs you have incurred. They may also attempt to negotiate with a family member they believe is more likely to accept a low compensation offer. Additionally, they may try to shift blame onto your loved one for their own death through allegations of negligence or recklessness. It is advisable to consult with a wrongful death attorney before engaging with the insurance company to protect your rights and ensure fair compensation.