Losing a cherished family member due to someone else’s negligence or wrongful actions is an indescribable tragedy that leaves an irreplaceable void in our lives. However, it is important to remember that you and your family have legal rights in such devastating circumstances. If you find yourself in this unimaginable situation of losing a loved one in a preventable accident, pursuing a wrongful death lawsuit against the responsible party can provide a path toward justice.
At the Cottle Firm, we understand the immense pain and suffering that families endure in the aftermath of such a tragic loss. Our compassionate team of Henderson wrongful death accident lawyers is dedicated to standing by your side, fighting tirelessly to secure the financial compensation that you rightfully deserve. We are here to provide you with the guidance and support you need during this difficult time.
How Is Wrongful Death Defined in Nevada?
Nevada state law allows the families of fatal accident victims to hold accountable any negligent parties involved with the accident. Wrongful death encompasses various scenarios, including accidents caused by negligence – such as car accidents and medical malpractice – as well as intentional acts, such as murder.
Nevada state law NRS 41.085 defines wrongful death as follows: “When the death of any person, whether or not a minor, is caused by the wrongful act or neglect of another, the heirs of the decedent and the personal representatives of the decedent may each maintain an action for damages against the person who caused the death.”
When someone suffers injuries in an accident caused by another party’s negligence, they typically have the right to file a personal injury claim seeking compensation. However, in cases of wrongful death, it is the victim’s family who can file a claim based on the negligence of the responsible party. By pursuing a wrongful death claim, the family seeks financial compensation to address the damages incurred as a result of the tragic loss.
What Are Some of the Most Common Wrongful Death Accidents?
While there is a wide range of wrongful death accidents, certain types of accidents tend to recur more frequently. Here, we shed light on a few of the prevalent scenarios that often fall within the purview of our Henderson wrongful death law firm.
Motor Vehicle Accidents
If you have lost a family member in a car accident caused by someone else’s negligence, you may have valid grounds to pursue a wrongful death claim against the responsible driver. According to statistics from the Centers for Disease Control (CDC), motor vehicle collisions rank among the top three causes of accidental death in the United States. It is disheartening to know that many of these tragic incidents could have been prevented, were it not for the careless actions of drivers or other third parties involved.
All drivers have a legal and moral obligation to drive as safely as possible. However, some drivers engage in reckless or negligent behavior behind the wheel, which can lead to a fatal accident. Some of the most prevalent causes of fatal car accidents in Henderson include:
- Drunk driving – Alcohol is a factor in a large portion of fatal motor vehicle accidents each year. According to statistics from the National Safety Highway Traffic Safety Administration (NHTSA), about 31% of all traffic deaths in the U.S. involve at least one intoxicated driver.
- Speeding – Excessive speeding is another leading factor in traffic fatalities, as it contributes to about 29% of all fatal crashes in the U.S. The disregard for speed limits and failure to adapt to road conditions pose a significant threat to everyone on the road.
- Distracted driving – Distractions such as cell phones, eating, or adjusting the radio divert our attention from the primary task of driving. Even a momentary lapse in focus can have disastrous consequences, as a single second of distraction might cause a driver to miss crucial information and fail to react promptly, potentially leading to an accident.
Understanding these common causes of fatal car accidents is crucial in raising awareness about the need for responsible and attentive driving practices. If you have experienced the devastating loss of a loved one due to another driver’s negligence, it is vital to consult with a knowledgeable attorney who specializes in wrongful death cases. They can guide you through the legal process and help you seek the justice and compensation your family deserves.
Large Truck Accidents
The risk of fatal injuries escalates significantly in crashes involving large semi-trucks, primarily due to their massive size and weight. National Safety Council statistics from 2021 showed that large trucks were involved in 9% of all fatal accidents. In that year alone, approximately 5,700 fatal crashes involved large trucks, while an additional 117,300 large truck crashes resulted in non-fatal injuries. In these crashes, 72% of victims were occupants of other vehicles, while truck occupants themselves accounted for 17%.
If you have experienced the heart-wrenching loss of a loved one in a catastrophic large truck accident caused by a truck driver, understand that you may have valid grounds for legal action against one or more responsible parties. The circumstances surrounding the crash will determine the potentially liable parties, which could include the driver, their employer, or even another negligent third party. By holding these parties accountable for their actions, you can pursue the path of justice and seek rightful wrongful death damages.
Accidents in the Workplace
Workplaces can be the setting for tragic accidents, and certain occupations are particularly susceptible to fatal incidents. Among the professions with a higher occurrence of such accidents are fishing and hunting workers, construction workers, logging workers, roofers, and agricultural workers, among others.
It is important to note that work injury claims differ significantly from non-work-related claims. In the unfortunate event of an employee losing their life in a work-related accident, their family has the right to file a workers’ compensation claim to receive death benefits. These benefits typically encompass two-thirds of the employee’s average monthly wages and burial expenses.
Because work injuries and work-related deaths are generally covered by workers’ compensation benefits, injured workers and their families are typically unable to pursue a lawsuit. There may be an exception if the death was caused by the negligence of a third party. For example, if a fatal construction accident happened due to a defective product, the manufacturer of that product could be held liable in a product liability lawsuit.
Since independent contractors are typically not covered by workers’ compensation, their families may have grounds to file a wrongful death claim. In such cases, a lawsuit becomes the primary means of seeking compensation and providing the family with the damages they deserve.
Medical Malpractice
According to a study published in the National Library of Medicine (NLM), recent research has found that medical errors could account for as many as 251,000 preventable deaths each year in the United States. If the doctor is deemed negligent for causing the death of a patient due to a medical error, the patient’s family may have grounds for a wrongful death medical malpractice claim.
Some of the most common examples of fatal medical errors include:
- Delayed diagnosis
- Misdiagnosis
- Surgical mistakes
- Birth injuries
- Failure to treat
- Anesthesia errors
- Prescription drug errors
Henderson Wrongful Death Accident FAQ
Who Has the Right to Sue For Wrongful Death?
A wrongful death lawsuit may be filed by either the personal representative of the victim’s estate or the victim’s surviving family members, commonly referred to as the intestate heirs. In the case of a married victim, the surviving spouse and children are recognized as heirs and possess the right to initiate a wrongful death claim. On the other hand, if the victim was unmarried and without children, the parents, siblings, or the closest surviving family member can file the lawsuit.
It is crucial to note that a wrongful death claim must be filed within Nevada’s statute of limitations, which sets a two-year timeframe for such cases. If you have tragically lost a family member due to the negligence, recklessness, or malicious actions of another party, it is imperative to seek the counsel of an experienced Paradise wrongful death accident lawyer promptly. By doing so, you can gain a comprehensive understanding of your legal rights and potential courses of action.
Do I Need a Lawyer to File a Wrongful Death Claim?
While you are not legally required to hire a lawyer to help with your wrongful death claim, it is highly advisable to do so. A law firm with experience in wrongful death cases can draw on this experience and its legal resources to help your family pursue a fair settlement or judgment that accounts for the wide range of economic and personal difficulties your family has faced.
Learn More From Our Henderson Wrongful Death Lawyers
If your family has recently lost a loved one in a preventable accident, you deserve justice. The team of compassionate Henderson wrongful death lawyers at the Cottle Firm is prepared to stand by your side and help your family recover the financial support you need. Contact us today for more information about your family’s legal options.