It’s heart wrenching to lose a loved one under any circumstances; however, it takes an overwhelming emotional toll when a loved one dies in a car crash.

A professional and compassionate Las Vegas accident attorney helps clients understand their legal options in these tragic situations so that loved ones can move forward with their grief and the healing process.

That would be difficult as a layperson; however, with the guidance of a team from Friedman Injury Law , you will know what to expect from evidence collection to settlement negotiations.

You can make more informed decisions when you understand your rights and have a fundamental understanding of the legal process.

Understanding The Fundamentals of Wrongful Death Claims

Loved ones find themselves overwhelmed when loved ones tragically die as the result of a motorist’s negligence. Nevada, including Las Vegas, provides wrongful death claims for families to hold the motorist at-fault accountable by seeking compensation from them for economic and emotional damages.

Pursuing wrongful death claims involves proving key elements, such as establishing that the other driver had a “duty of care,” meaning they were expected their actions were supposed to keep motorists around them safe.  Click for details on how to prevent a serious car crash.

It’s up to you to prove that the at-fault driver breached these actions with negligent behavior or omissions. You must illustrate that the fatal crash could have been avoided if the motorist had acted responsibly.

A “casual connection” between the breach and death must be proven. This requires expert testimony and concrete evidence to substantiate the claim, a complex part of the legal process.

Damages resulting from the incident must be explicitly demonstrated, such as medical expenses, funeral costs, income loss, loss of companionship, pain and suffering.

This is the foundation on which a wrongful death claim is built. Missing any element can jeopardize the case. Your attorney will meticulously review the evidence and guide you through the legal system intricacies.

Filing A Wrongful Death Claim

The Las Vegas laws surrounding those who can file a wrongful death lawsuit are clear while encompassing varied dependencies and relationships. As a rule, the deceased’s closest family members have a right to file a claim, such as a spouse, domestic partner, or the deceased’s kids.

These are the ones most directly impacted by the loss and are given priority in these situations. But it’s not limited to these individuals.

If the deceased was single or had no children, their parents can file suit and other loved ones or individuals who can prove they were financially dependent on the deceased may also be eligible to file a claim, whether grandparents, siblings, or life partners.

In some situations, the deceased’s estate may bring a wrongful death claim with the executor appointed to manage the affairs filing on behalf of the estate.

It ensures that any settlement received can be properly distributed to cover debts and expenses, including those incurred from the accident. Visit – Nevada Wrongful Death Law – for a guide on wrongful death law in Nevada.

What To Expect with the Legal Process

After deciding to pursue a wrongful death claim, your attorney will ensure you understand what to expect moving forward to relieve the uncertainty. The process follows several stages.

The initial consultation

A vital first step is consulting with a wrongful death accident attorney. The initial meeting will involve detailing the specifics of the case. The lawyer will assess the claim’s merits, help you understand your legal options, and may discuss a possible strategy.

Claim filing

Once the preliminary information is gathered, the lawsuit will be filed in the appropriate court. The complaint will detail the case facts and damages will be sought. This filing initiates the legal process.

Discovery

Both parties exchange information during the discovery phase, whether document requests, interrogatories – written questions, or depositions – questioning under oath. This is a critical phase for uncovering concrete evidence to support the claim and build a solid case.

Settlement negotiations

Many times, these cases are settled before heading to trial. Attorneys enter negotiations with the at-fault party’s legal team to try to reach a fair and reasonable settlement. The professional weighs the offer against the possible trial outcome, including the emotional toll, time involved, and expenses.

The trial

If a settlement is unattainable, the case will go to court. During the trial, the attorneys on each side will present their evidence and arguments. Either the jury or the judge will decide the outcome.

Trials can be lengthy and cause and emotionally stressful, however they can yield higher compensation in some cases.

Final Thought

The right attorney is not only a legal expert but a compassionate support system as you navigate an emotionally taxing process.

With evidence collected, a skilled attorney by your side, and carefully thought-out decisions concerning settlement vs trial, you can honor your loved one’s memory while also securing a favorable settlement for your family.