Common Wrongful Death Cases
Wrongful death claims can arise from a number of different types of fatal accidents. Some of the more common types of wrongful death cases include the following:
- Car, truck, bus, taxi, and motorcycle crashes: Perhaps a drunk driver ran a red light, causing a fatal accident.
- Bicycle and pedestrian accidents, such as when a driver who was texting while driving accidentally loses control and crashes into a bicyclist or pedestrian.
- Medical malpractice, which may include a case where a doctor negligently prescribes a medication that can be fatal for a particular patient given his or her preexisting medical conditions.
- Premises liability accidents, such as a trip and fall accident due to crumbling steps of an apartment building staircase.
- Product liability, such as brake failure that causes a fatal motor vehicle collision.
- Workplace accidents, which may be caused by a machine that was improperly maintained or inadequate training processes.
- Construction accidents, such as collapsing scaffolds that were not safely stabilized and secured.
Speak with our Reno car accident attorneys today, our team can provide you with their knowledge of relevant laws and experience in handling similar claims to assist in building a strong case.
Filing A Wrongful Death Claim
If you are an immediate family member of the victim or the victim’s surviving spouse, you may be eligible to file a wrongful death claim. If you do not fall into either of these categories, a qualified attorney will be able to tell you whether or not you are eligible to file in your particular case.
In order to file a wrongful death claim, the first step to take is to schedule a consultation with an experienced Reno wrongful death lawyer. In this meeting, you will learn about your legal rights, any looming legal deadlines, the strengths and weaknesses of this claim, an approximate financial value of the claim, and what that attorney plans to do to help investigate and build your case should you decide to hire him or her.
Wrongful death defendants are often represented by insurance companies, which are notorious for presenting settlement offers soon after the accident that are far below the actual value of your claim. By consulting with a Reno personal injury attorney, you will be better positioned to know whether or not any settlement offer is fair and reasonable. Most wrongful death cases settle out of court before trial during the discovery process, but some cases do go all the way to trial.
Who Can File A Reno Wrongful Death Claim?
According to Nevada Revised Statutes (NRS) 41.085, the following parties have the right to initiate a wrongful death lawsuit:
- The Personal Representative of the Deceased’s Estate: This is usually the executor named in the will or an administrator appointed if there is no will.
- Close Family Members: These typically include:
- The spouse or domestic partner of the deceased.
- The children of the deceased, including adopted children. If there are no children, the parents of the deceased may file the claim.
- If the deceased was unmarried and without children, then their parents.
- Other Dependents: In some cases, others who were financially dependent on the deceased, such as stepchildren or non-legal partners, might also be eligible to file a claim.
These statutes ensure that those closest to the deceased, either by familial ties or legal representation, have the right to seek compensation for their loss. It’s important for potential claimants in Reno to seek legal guidance to fully understand their eligibility under these statutes.
Damages In Wrongful Death Claims
In wrongful death cases, claimants have the right to seek a range of damages to compensate for the loss of their loved one. These damages are not just financial but also acknowledge the emotional impact of the loss. Key types of damages that can be sought include:
- Medical Expenses Incurred Prior to Death: This covers the cost of medical care the deceased received as a result of the injuries that led to their death. It includes hospital bills, medication costs, and fees for any medical procedures.
- Funeral and Burial Costs: These damages cover the expenses associated with funeral services and burial, which can be substantial.
- Lost Potential Earnings: Compensation for the income the deceased would have earned had they lived. This includes not only lost wages but also lost benefits and other earnings.
- Loss of Companionship: This compensates family members for the loss of love, companionship, comfort, and care the deceased provided.
- Pain and Suffering Experienced by the Deceased Prior to Death: If the deceased endured pain and suffering before passing away, compensation for this agony can also be claimed.
Each of these categories represents a critical aspect of the overall impact of the loss, combining to provide a comprehensive financial redress for the family members left behind. They reflect both the tangible and intangible costs of losing a loved one due to someone else’s negligence or wrongful act.
Statute Of Limitations In Reno Wrongful Death Claims
Nevada Revised Statutes (NRS) 11.190 specifies the legal time frame known as the statute of limitations for filing wrongful death claims. Specifically, this statute stipulates a two-year window, starting from the date of the deceased individual’s death, within which a wrongful death lawsuit must be initiated. This deadline is a critical aspect of the legal process, as failing to file the lawsuit within this two-year period typically results in the loss of the right to seek legal redress for the death. This statute of limitations ensures that claims are brought forward in a timely manner, allowing for the preservation of evidence and the reliability of witness testimony, which are essential for a fair legal process. For families considering a wrongful death claim in Nevada, understanding and adhering to this two-year deadline is vital to protect their rights and interests in seeking justice and compensation for their loss.
What Valiente Mott Can Provide For You
At Valiente Mott, our approach to wrongful death claims is defined by four key, distinctive elements:
- Personalized Legal Services: We understand the deeply personal nature of wrongful death claims and provide tailored legal representation, ensuring that your unique story and the impact of your loss are at the forefront of our strategy.
- Comprehensive Case Management: From thorough investigations to handling all legal proceedings, we manage every aspect of your case, allowing you to focus on healing and recovery during this difficult time.
- Aggressive Negotiation and Litigation Skills: Our team is equipped with strong negotiation and litigation skills, ensuring that we can effectively advocate for your rights, whether in settlement discussions or in court.
- Contingency Fee Basis: Reflecting our commitment to accessibility and aligning our success with yours, we operate on a ‘no win, no fee’ basis, ensuring you face no financial burden unless we secure a successful outcome in your case.
Speak With A Reno Personal Injury Lawyer
Are you looking for the right Reno law firm to handle your wrongful death case? At Valiente Mott, our attorneys focus on providing efficient, innovative, and hassle-free solutions in our quest to deliver client-centered results. We know you want and deserve justice and fair financial compensation, and that is what we strive to achieve.
If you have lost a loved one in an accident or otherwise due to another party’s negligence or willful actions in Nevada, call Valiente Mott today to book a zero-cost case review with a Reno wrongful death lawsuit attorney. We will never charge you attorney fees unless you win your case.
