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Who Gets Compensated After a Wrongful Death Settlement?

by | Mar 26, 2021 | Firm News

wrongful death
The death of your loved one will take you some time to recover from. You may have an especially difficult time of it if the death was unexpected. Some such deaths occur as the result of a series of unfortunate events. But if you believe your loved one’s death could have been prevented, then you may have grounds for a wrongful death claim.

You have the right to file a wrongful death claim when a loved one has been killed because of another person’s negligence or recklessness. A wrongful death suit is a way to hold such persons accountable for what they have done. They are designed to get compensation for family members or other loved ones who have been suddenly deprived of the companionship and financial support of the deceased victim.

To build a case for a wrongful death claim, you will need the help of a Las Vegas wrongful death attorney. A wrongful death attorney in Las Vegas is the only professional who can help you get the justice you deserve.

What Constitutes a Wrongful Death? 

Nearly any set of actions or inactions that lead directly to the death of a person can be grounds for a wrongful death suit. Negligence, incompetence, recklessness, or maliciousness are some of the key factors in this kind of suit. Here are the most common types of wrongful death cases:

1. Medical malpractice 

Your physician owed your loved one a duty of care. They had to adhere to certain state-defined standards of medicine when they treated them. If your loved died from a surgical error, diagnostic error, or prescription error, then you should hold the attending physician and medical facility accountable.

2. Vehicle and premises accidents 

If your loved one passed away owing to injuries they suffered in a car crash, you have a wrongful death case. You can also sue if a slip-and-fall or other type of premises accident led to their death.

3. Product defect 

Manufacturers of consumer goods have a duty to ensure that their goods are safe for people to use. They must put all operating instructions on the product, and they should include labels warning users of any hazards. If your loved one died when using a dangerous consumer product, then you should sue the manufacturer.

3. Murder 

Murder cases are pursued by public prosecutors. However, you can file a civil suit against the person who murdered your loved one. A person who has been tried and convicted of murder in criminal court can also be sued in a civil court. Even if the district attorney who tries the case fails to get a conviction, you can use the evidence they gathered in your civil suit. The bar in a civil suit is lower: it is preponderance of the evidence rather than beyond a reasonable doubt.

Who Can File a Wrongful Death Claim? 

In Nevada, you can file a wrongful death claim if you are:

  • The personal representative of the deceased’s estate
  • The surviving spouse or domestic partner
  • The surviving child of the deceased
  • Parents of the deceased

You may also be able to file a wrongful death claim and get compensation if you are not a spouse or relative, but someone who depended on the deceased for financial support.

You can file for the following damages:

  • Funeral and burial expenses
  • Medical expenses related to the departed’s illness or injury
  • Lost wages and benefits
  • Loss of companionship

Get Justice for You and Your Family 

Las Vegas personal injury lawyers have the expertise and experience to build a sound wrongful death case. If your loved one has died unexpectedly, then you should contact a Las Vegas wrongful death lawyer. A wrongful death lawyer in Las Vegas will help you figure out what happened and will get you the justice you and your family deserve.

The Las Vegas personal injury attorneys at Albright Stoddard Warnick & Albright will help you get the compensation you require to rebuild your life.