Las Vegas Personal Injury Lawyer
Wrongful Death Claim Elements
A personal injury lawyer knows that the unexpected loss of a loved one can have catastrophic financial effects on a family. When that loss is the result of the negligent or reckless act of another person, the victim’s family can file a wrongful death claim to pursue financial compensation for their emotional and financial losses. In general, the survivors that are allowed to file a wrongful death claim are the victim’s spouse and children, parents, siblings, or the representative of the victim’s estate.
The legal team from Nadia von Magdenko & Associates is dedicated to obtaining the best possible outcome for our clients and will work diligently for your family in your pursuit of justice for your loved one.
Wrongful Death Claims
There are multiple types of incidents or accidents which could cause the death of a victim and result in the family filing a wrongful death claim against the party or parties whose negligent action or behavior caused the accident which killed the victim. Some of the more common types of incidents a Las Vegas personal injury lawyer has handled include:
· Motor vehicle accidents
· Medical error or malpractice
· Premises liability accidents
· Work accidents or illness
· Birth injuries
· Nursing home abuse or neglect
· Defective or dangerous product
· Criminal action
A Las Vegas personal injury lawyer must prove four elements in a wrongful death in order to prove his or her case. In order to be successful, the case must prove:
1. Negligence: The victim’s death was a result of the careless, negligent, or reckless actions or behaviors of the defendant or defendants named in the wrongful death claim.
2. Breach of duty: The defendant owed a duty to the victim but failed to keep that duty. For example, a vehicle owner has a duty to drive safely and obey all traffic laws. If a driver who has been drinking causes a crash and a victim dies, that driver committed a breach of duty to the victim by committing the crime of drunk driving.
3. Causation: The defendant’s negligent actions resulted in the victim’s death.
4. Damages: The victim’s death resulted in economic damages to the family, such as medical expenses, funeral and burial costs, loss of both present and future income and benefits, as well as noneconomic damages, such as loss of guidance, loss of care, and emotional anguish.
If you have lost a loved one because of the actions of another person, a Las Vegas personal injury lawyer can advocate for your family against the party who caused the fatal incident. At Nadia von Magdenko & Associates, we understand that no amount of money will ever make up for your family’s loss. But we also understand the financial toll the death may be causing you.
It is important to know that there is a statute of limitations in filing a wrongful death claim, you consider contacting our office as soon as you can, so we can evaluate your case and see how we can help. Even if criminal charges have been against the at-fault party for your loved one’s death, you can still pursue your case.
Call a Las Vegas personal injury lawyer today for a free consultation.