After a loved one dies as the result of the negligent, reckless or deliberate actions of another, their surviving family members may be entitled to file a wrongful death lawsuit and recover compensation. While it doesn’t take the pain away of losing a loved one, a wrongful death claim can provide financial safety and comfort.
Common Grounds for Filing a Wrongful Death Lawsuit
Before a wrongful death lawsuit can be filed, there needs to be a legally supportable reason for the claim. A wrongful death claim cannot be brought up just because someone died—there also has to be proof of negligence or intentional act and emotional and financial damage. Surviving family members must establish the following to be successful:
- Prove that their loved one’s death was caused by another person’s negligence, recklessness, or deliberate actions.
- Establish that they suffered measureable damages as a result of losing their loved one.
A few examples of wrongful death lawsuits include car accidents, work-related injuries, medical malpractice, premises liability, murder and other crimes.
Who Can File a Wrongful Death Lawsuit?
Nevada allows the following parties to file a wrongful death lawsuit:
- Personal representative of the deceased person’s estate
- Surviving spouse, domestic partner, or children or the deceased
- Parents of the deceased, if there are no other surviving family members
Other individuals, such as stepchildren, stepparents, or friends, may be allowed to file a claim if they can show the court that they depended on the decreased person. If the suit is accepted, they can collect compensation for medical bills, burial expenses, lost wages, pain and suffering and more.
If you have lost a loved one due to someone else’s negligence, contact our Reno wrongful death lawyers at Viloria, Oliphant, Oster & Aman L.L.P. We are fully prepared to represent you in the strongest position possible.