If a loved one has recently died due to someone else’s negligence, you and your family may be entitled to receive compensation by filing a wrongful death lawsuit. This can be a complex procedure, and it is best to have an experienced Las Vegas wrongful death attorney to guide you through the process. Here is some important information regarding Las Vegas wrongful death cases.
Las Vegas Wrongful Death Cases | What is a Wrongful Death?
Wrongful Death is any death resulting from the negligence or misconduct of another individual, group of individuals, company or organization. A wrongful death can occur at work, in an automobile accident, motorcycle accident, slip/trip and fall, 18-wheeler accident, medical malpractice, and nursing home abuse.
The legal term “wrongful death” is far more specific than its broad and subjective wording would suggest. Much as other personal injury cases do, wrongful death lawsuits revolve around the responsibility to prove that a victim’s injury stems from a property owner or private citizen’s actions or lack thereof. In wrongful death suits, attorneys must prove that this inaction or deliberate behavior was the primary catalyst behind another party’s death.
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Las Vegas Wrongful Death Cases | Misconceptions
It is a common misconception that wrongful death cases and criminal cases are one and the same. Wrongful death cases are in fact civil suits, which can certainly be paired with criminal lawsuits, but civil and criminal cases are distinct entities. In Las Vegas, if a person dies as the result of a car accident, a slip and fall, or even a shooting, criminal cases can commence against the driver, the property manager, or the gunman. Wrongful death suits would accompany these criminal cases, and the benefit of this pairing is that an acquittal in one has no bearing on a “guilty” verdict in the other.
Las Vegas Wrongful Death Cases | Statute of Limitations
As any Las Vegas wrongful death attorney will inform you, the statute of limitations in the state of Nevada to file a wrongful death case is two years after the death. There is no time limit, of course, in how long it can take for the family of the deceased to emotionally recover, but attempting to file a wrongful death claim after that two-year window has closed will likely result in dismissal of the case. The spouse, partner, children, parents, and personal representative of the deceased are all eligible to file a wrongful death claim, and other relatives may be able to file if they can prove prior financial dependence on the deceased.
If you have any questions related to Las Vegas wrongful death cases, please contact our experienced Las Vegas wrongful death attorney today to schedule a free consultation.