Reno Wrongful Death Lawyer

Wrongful death claims can be filed when a loved one has died as a result of someone else’s negligence or reckless behavior, as in medical malpractice or a vehicle accident. Only certain people are eligible to file a wrongful death claim. Typically, the decedent’s spouse, their child (if under the age of 18), or parent (if the child was under 18 years of age) are able to file a wrongful death claim. In some rare cases, the parents of an adult deceased child can be eligible to be compensated.

Wrongful death is a civil action taken by the family members or estate of a decedent to recover expenses related to his or her death. Homicide is a criminal charge brought by the state. An individual charged with murder will likely serve time in prison if convicted. A defendant in a wrongful death claim, if found negligent, will be ordered to pay the family or estate of the decedent damages. While prosecutors in a criminal trial must prove that the defendant committed a criminal act beyond a reasonable doubt, wrongful death actions involve a lower standard of proof, and the family or estate must only prove that the defendant’s negligence more likely than not caused the death of the decedent and resulted in the damages that they suffered.
It should be noted, however, that it is possible to file a wrongful death claim against a person who is also facing criminal charges for the decedent’s death.

Yes. In the state of Nevada, you cannot file a wrongful death claim unless you are represented by a licensed lawyer. A wrongful death claim must be filed in court directly by a personal representative of the surviving family members or of the decedent’s estate. Finding a wrongful death attorney in Reno is imperative if you feel your loved one has died as a result of negligence. Benson & Bingham Accident Injury Lawyers is an excellent resource!

No. Even if an insurance adjuster seems to be the logical choice to contact after wrongful death, your first call should be to an attorney. You will likely be asked to schedule a consultation where you can share all the details of the situation in a confidential atmosphere. With those details, a lawyer can determine if the case is valid and strong enough to qualify for a wrongful death claim. Let your lawyer handle all negotiations with the insurance agent.

A survival action is another option available to the loved ones of a decedent. While wrongful death actions seek compensation for family members due to damages that they incurred due to a decedent’s death, a survival action deals with the damages done to the decedent before his or her death. While wrongful death and survival action claims can be handled separately, they are often combined into one action.

It is important to contact an attorney within two years or less of the date the wrongful death occurred. If your attorney deems the case valid and within the statute of limitations, you can proceed with filing a wrongful death claim against the guilty party. The first step is to prove that a person has died, through death certificates and medical records. Next, your attorney will gather all the necessary documents and file them with the court, requesting discovery from opposing counsel.

Each wrongful death case is completely unique, with a variety of factors to consider. Typically, punitive damages can be recovered in certain cases, but it depends on the evidence present. It is important to have an experienced attorney representing your case!
Individuals may also seek punitive damages in cases where a defendant’s behavior was particularly reckless or intentional. Punitive damages are not meant to compensate the estate or the decedent’s family, but rather to punish the defendant for his or her behavior.

While each case is different and there is really no way of knowing how much you could receive before reviewing all the details, you can typically expect to pay your lawyer somewhere between 33%-40% of the total amount. For example, if you receive $200,000 in a settlement, your lawyer may receive anywhere between $66,000 and $80,000. Be sure to speak with your attorney so that you know what to expect!

When filing a wrongful death claim, it is vital for your attorney to be able to prove that the defendant owed your family member a duty of care, and failed to follow through on that duty, thus causing your loved one to die as a result. Negligence is usually determined through four different elements: the wrongdoer owed a duty, the duty was breached, the breach caused injury, and the injury caused death to the victim.

While many people are affected when someone dies, not everyone is legally allowed to file a wrongful death claim for compensation. In most cases, it is the surviving spouse who can file a wrongful death lawsuit. If there is no surviving spouse, an adult child can bring the lawsuit. If the person who died was a minor (under the age of 18), their parents can bring the lawsuit.