WRONGFUL DEATH CASE IN NEVADA?
When someone dies due to the fault of another person or entity (like a car manufacturer), the survivors may be able to bring a wrongful death lawsuit. Such a lawsuit seeks compensation for the survivors’ loss, such as lost wages from the deceased, lost companionship and funeral expenses.
A wrongful death claim exists when a person dies due to the legal fault of another person. The right to file a lawsuit for wrongful death is a relatively new concept. “Common law” (the laws brought to the United States from England) did not allow this kind of lawsuit. But during the last century, state and federal courts created the right to bring a wrongful death action. Every state in this country now has some kind of wrongful death law.
Nevada wrongful death claims involve all types of fatal accidents from simple car accidents to complicated medical malpractice or product liability cases. Persons, companies, and governmental agencies can be legally at fault for acting negligently (failing to act as a reasonable person would have acted) and for acting intentionally.
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A wrongful death claim in Nevada must be filed by a representative on behalf of the survivors who suffer damage from the decedent’s death (they are called the “real parties in interest”). The representative is usually the executor of the decedent’s estate. The “real parties in interest” vary from state to state. Some of those people might include:
- Immediate family members
- Life partners, financial dependents and putative spouses
- Distant family members
- All persons who suffer financially
Wrongful death lawsuits in Nevada can be brought against a wide variety of persons, companies, government agencies and employees. For example, in a car accident involving a faulty roadway and a drunk driver, a wrongful death action might include defendants such as:
- The driver or employer is at fault in the automobile accident.
- The designer or builder of the faulty roadway.
- A government agent who failed to provide adequate warnings regarding a road hazard that caused the accident.
- The manufacturer, distributor or installer of a faulty or dangerous part of the vehicle.
- The person(s) who sold, served or gave alcohol to the impaired driver, or the owner of the premises where the alcohol was served.
When it comes to filing a wrongful death claim, you need an attorney you can trust. If you have loss a loved one and are seeking wrongful death damages, contact the Law Offices of Friedman & Throop. Our wrongful death attorneys in Reno, Nevada will ensure that you are treated fairly and compensated adequately.
All cases handled by Friedman & Throop personal injury attorneys are on contingency. There is no cost to you for an initial consultation or case review.