At the Aaron Law Group, we understand there are very few experiences more devastating than losing a loved one. In cases where an accidental death occurred due to someone else’s negligence or reckless conduct, it qualifies legally as “wrongful death”. Families that have suffered the unfortunate loss of a loved one due to wrongful death are vulnerable, devastated, and grieving—both emotionally and financially.
Whether your loved one died in a work-related accident, a car accident, or even an operating room mistake, you can rely on the experience of the Aaron Law Group to help you obtain the compensation you are entitled to receive.
As Nevada personal injury attorneys with over 26-years of experience, we have defended the rights of countless wrongful death victims and their families. We fight diligently for families to obtain justice and restitution. We understand that you need help to get back on your feet in order to move forward, and we are here to help you every step of the way.
What Is A Wrongful Death Claim?
A wrongful death claim is similar to a personal injury claim. Instead of the injured party filing the suit, the family of an individual that lost their life due to the negligence of another party files the lawsuit on their behalf.
These lawsuits can be filed against a single person, like a car driver who killed your loved one in an accident, or a company, such as a bus company or a car manufacturer that produced a defective part that leads to your loved one’s death. If a party negligently caused the death of another, and they were acting in a negligent manner that could have been prevented, you are able to sue them for damages.
Wrongful death claims were created in an effort to protect the rights and well-being of individuals who lost a loved one. According to Nevada Revised Statutes §41.085, personal representatives, including the decedent’s heirs, are able to pursue legal actions to recover compensation from the party that is responsible for the victim’s death.
If the responsible party is deceased, a lawsuit may be brought up against the wrongdoer’s personal representative or any other party involved.
In comparison to other types of lawsuits, wrongful death claims are very similar to other personal injury cases. Instead of an injured party filing a lawsuit directly, as they do in a personal injury case, the surviving heirs file a wrongful death suit on their behalf.
Filing a wrongful death claim can be extremely challenging. To be successful, a claimant must prove that the negligent act is what led to the death of their loved one. We are available at the Aaron Law Group to take this burden off of families and handle all of the legal aspects of this complex and complicated legal process.
Recoverable Damages In Wrongful Death Cases
Families of individuals killed by another person’s negligence or reckless behavior are able to file wrongful death lawsuits claims to recover financial losses associated with the death of their loved one. Compensation awarded through wrongful death cases falls into three categories:
- Economic compensation: The amounts recoverable as economic compensation are defined under NRS §41.085(a). This award is typically given to cover medical expenses, funeral expenses, and lost wages.
- Non-economic compensation: This amount is awarded to claimants based on the emotional damage they suffered. Although it is nearly impossible to equate a dollar amount to suffering, monetary damages awarded can help alleviate some of the financial strains a wrongful death can create for surviving relatives. Awards recoverable under this category account for grief and sorrow, damages for the pain, suffering, or disfigurement of the decedent, and loss of comfort, society, consortium, and companionship.
- Punitive compensation: Depending on the circumstances of the death, punitive damages may be awarded. These are typically awarded as a punishment against the responsible party due to gross acts of negligence and for wrongdoing. Penalties and punitive damages are those that the decedent would have recovered if they had survived the incident. Instead, they are awarded to their heirs and loved ones.
The amount recoverable compensation in wrongful death lawsuits is generally dependent upon various circumstances, such as:
- Medical expenses
- Funeral expenses
- Pain and suffering
- Loss of inheritance
- Loss of support services
- Loss of future earnings
- Loss of benefits
- Loss of companionship
- General damages
- Punitive damages
Having the Aaron Law Group on your side throughout the duration of your wrongful death claim will ensure you receive the maximum amount of compensation that you are entitled to.
Our ultimate goal at the Aaron Law Group is to achieve justice on behalf of the victim for their family. Wrongful deaths can create financial burdens for remaining relatives and force individuals to deal with their grief and worsening financial situation simultaneously.
This is why we fight so aggressively to help families of wrongful death victims recover compensation. Although it will never bring back their loved one, it can help remove some of the financial burdens they face from losing them.
Who Can File A Wrongful Death Claim?
There are certain individuals that are able to file wrongful death claims. These parties include:
- A personal representative of the decedent’s estate
- The decedent’s children
- The decedent’s spouse or domestic partner
- The parents of the decedent if there are no children or surviving spouse
In some circumstances, stepparents and stepchildren, or children unrelated to the decedent are able to file a wrongful death claim against a responsible party. In doing so, these individuals will have to prove that they were supported by the decedent for a minimum of six months out of the year prior to their death.
In either case, a party has two years to file a wrongful death claim against a responsible party in the state of Nevada. The statute of limitations begins on the day of death.
It is important for family members to contact a lawyer as soon as possible so they can begin examining the case immediately. This provides lawyers more time to gather evidence, collect witness statements, have accident scene reconstructive experts come in, and find expert witnesses that can testify on behalf of the deceased.
Wrongful Death Case Examples
Negligent acts that warrant wrongful death cases can happen under any circumstance. Some of the most common circumstances of wrongful death are:
- Automobile accidents: Over 30,000 Americans are killed each year in automobile accidents. Sometimes drunk driving, reckless driving, or negligent acts can result in the death of a loved one.
- Medical malpractice: Medical professionals are trained experts in their fields. These individuals have countless lives in their hands every single day. Sometimes crucial errors during treatment can lead to a very unfortunate situation. Whether it’s a failure to make an appropriate diagnosis, the improper dosage of a medication, or even unsanitary environments, these are circumstances that create liability in cases that result in death.
- Premises liability: Improperly maintained sidewalks or stairwells create deadly situations. Faulty electrical wires can cause fatal fires and even unguarded and unsecured pool areas can result in the loss of a loved one. It is crucial for property owners to do everything possible to ensure their land is safe for guests in order to prevent tragic events from happening.
- Unsafe medical equipment, drugs, or products: We purchase products under the assumption that they are safe. Commercially available products are supposed to adhere to strict liability standards. When manufacturers sell dangerous products, they assume the responsibility for injuries or death that result from the products use.
If your loved one has lost their lives in any of these situations, it is critical for you to hire a personal injury lawyer to file a wrongful death lawsuit as soon as possible. Call the Aaron Law Group today to speak with a compassionate and skilled wrongful death attorney as soon as possible so that we can begin the complicated legal process.
Can Hospitals And Nursing Homes Be Liable For Wrongful Death?
Both hospitals and nursing homes can be sued for wrongful death. If a person died in a hospital due to the negligence of medical personnel, the hospital can be held accountable for their death. Unfortunately, there are a few restrictions and barriers that can prevent a lawsuit from being filed against the hospital. Typically, if the person responsible for the wrongful death of your loved one is a sub-contractor to the hospital and not a direct employee, the hospital is not liable for their actions.
Nursing homes can also be held accountable for wrongful deaths if an elderly person dies at their facility due to some type of abuse or negligence. Typically, cases of wrongful death against nursing homes involve some sort of elder abuse or neglect that resulted in the death. Proving this requires witnesses, medical examination evidence, and photographs or videos that show abuse.
We can help your family build a successful wrongful death case against a hospital or nursing home that accurately and adequately demonstrates what your loved one went through while they were in either of these facilities. Contact the Aaron Law Group for a free case evaluation to explore the legal options available for your unique case.
How Long Does A Wrongful Death Case Take?
Unfortunately, families struck by the wrongful death of a loved one begin to suffer immediately. They are often emotionally overwhelmed with having to deal with the loss and all of the resulting financial burdens. Although each wrongful death case is different, they can take anywhere between one year and four years to settle.
The length to settlement depends on a variety of factors including how many people are responsible, to what extent are they responsible, and whether they are willing to settle ahead of a trial.
Negligent parties that are unwilling to settle often force claimants to trial. At the Aaron Law Group, we prepare every case for this situation from the beginning. When cases go to trial, claimants must prove to the jury that the responsible party was negligent. In cases where multiple parties are responsible, it is important to prove the percentage of responsibility of each. This will have a direct impact on both non-economical and punitive damage awards.
Trials can be overwhelming, which is why it is crucial to have a reputable and reliable attorney on your side.
Fighting For The Justice Your Family Deserves
Wrongful death claims can be challenging to pursue and they are often highly emotional. Although the circumstances of the incident that caused the death may seem simple, the process of preserving evidence, uncovering key facts and presenting them effectively on behalf of the decedent and their family can be complicated.
At the Aaron Law Group, we uniquely address both of these challenges for every client. Our lawyers and legal team have in-depth knowledge of all Nevada wrongful death statutes and a firm understanding of how to use the law to help clients obtain the maximum amount of compensation for their loss.
We will fight for justice while never forgetting the difficulties you may be facing. Our lawyers will demonstrate courtesy, respect, and compassion for your family throughout the entire process in an effort to relieve some of the stress you are dealing with as a result of this tragic event. Call the Aaron Law Group today to speak with one of our dedicated wrongful death attorneys and get the process started.
Hire A Wrongful Death Lawyer To Win Your Case
Wrongful death cases can be extremely challenging. Insurance companies do not like to just hand out settlements to everyone. It is important to determine fault by utilizing reconstruction experts who accurately demonstrate all the events leading up to the death of your loved one.
Additionally, it is important to calculate the loss of the decedent’s potential earnings and other financial losses and responsibilities resulting from the death. An accurate calculation will ensure you receive an award that is sufficient enough to cover you financially so you can heal emotionally.
At the Aaron Law Group, we understand what you are going through. We are compassionate in dealing with clients after they are stricken with these unimaginable tragedies. Having a deeper understanding of how the loss of a loved one impacts a family, both emotionally and financially, allows us to work aggressively for our clients. All of our wrongful death cases are taken on a contingency basis, so you do not have to pay anything until your case is settled. Call the Aaron Law Group today at 702-550-1111 to schedule a free consultation with one of our skilled and understanding attorneys.