WRONGFUL DEATH CLAIMS

The TOP FIVE WAYS TO PROCTECT YOUR LOVED ONES  WHILE ON THE ROAD

  1. Practice defensive driving. Always use seat belts, use a designated driver, and avoid distractions.  
  2. Recognize the dangers of impaired drivers;
  3. Stay aware of  your teenager’s  driving habits. Visit DriveitHOME.org for resources.
  4. Learn how to use your vehicle’s safety systems. Visit MyCarDoesWhat.org for information.
  5. Fix recalls on your vehicle immediately. Visit ChecktoProtect.org to ensure your vehicle does not have an open recall.

Driving is a dangerous proposition in Las Vegas and at the Law Offices Of Laura Payne-Hunt we feel it is our civic obligation to write blogs to inform the public of dangers on the roadway and things to be careful for. Whether we realize it on a daily basis or not it is actually statistically more dangerous to drive a motor vehicle on our roadways than it is to fly an airplane, travel by train, or travel by water. The nature of driving is inherently  dangerous due to human error and negligence. We have a lot of people on our roadways taking drugs or driving under the influence of alcohol; texting and driving, as well as the regular distractions of conversation, music and distractions on the side of the road. A sad statistic to report is that for the first time since the 1903’s there has been three consecutive  years of at least 40,000 roadway deaths in the United States, according to estimates released Feb. 13 by the National Safety Council. In 2018, an estimated 40,000 people died in car crashes  which is slight decline from 2017 where there were 40,231 deaths and 2016 where there were 40,327 deaths In addition, approximately 4.5 million people were seriously injured in crashes last year .

https://www.nsc.org/road-safety/safety-topics/fatality-estimates

Florida, Hawaii, Minnesota, Nevada, New Hampshire, Oregon, Pennsylvania and Washington, D.C., had at least a 5.8% spike in fatalities, according to Council estimates. Five states experienced declines of more than 9.4%: which were Kansas, Maine, New Jersey, Rhode Island and Wyoming.

Even when the utmost caution is taken by drivers, you are at the mercy of other people on the road who may be much less cautious. When someone’s negligence causes the death of a loved one it is absolutely imperative that you seek legal counsel immediately. Often times,  people will want to negotiate the matter or take it on themselves. Unfortunately , when a death is involved there’s a lot of emotion and there is no emotion on the part of the insurance company. The insurance company will immediately put resources into motion to protect their own insured and their own financial interests. Their interest is steadfastly on the side of the driver causing the death and they will take steps to minimize the tragedy. Even if you think that your loved one had fault in the accident it is imperative that you contact an experienced attorney. . At the Law Offices Of Laura Payne-Hunt we are experienced in looking for manufactures defects, intentional acts, joint and several liability, defects in the roadway, and other negligent areas  for which you are entitled damages for the loss of your loved. 

Car accident sorry leading cause of wrongful death claims and there are several main causes of auto accidents.

Although auto accidents are a common occurrence, fortunately, death claims are not as common. That is why the insurance company will immediately place a large amount of resources in defending the claim as soon as the accident occurs. The most common causes of wrongful death in auto accidents is texting and driving while being distracted,  poor weather conditions, driver fatigue, Street and Highway defects, driving under the influence of drugs or alcohol including prescription drugs, car manufactures defects and inexperienced drivers. An experienced attorney will immediately collect the proper evidence needed under Nevada Law to prove the liability of the at fault party in order to collect compensation for your tragic loss.

Elements of a wrongful death claim

Every state has a specific statute on the books that govern the elements of a wrongful death claims. Although they are similar in many states it is important that your attorney know the specific laws in your state governing a families right to recovery. In Nevada our statute states as follows:

NRS 41.085  Heirs and personal representatives may maintain action.

1.  As used in this section, “heir” means a person who, under the laws of this State, would be entitled to succeed to the separate property of the decedent if the decedent had died intestate. The term does not include a person who is deemed to be a killer of the decedent pursuant to chapter 41B of NRS, and such a person shall be deemed to have predeceased the decedent as set forth in NRS 41B.330.

2.  When the death of any person, whether or not a minor, is caused by the wrongful act or neglect of another, the heirs of the decedent and the personal representatives of the decedent may each maintain an action for damages against the person who caused the death, or if the wrongdoer is dead, against the wrongdoer’s personal representatives, whether the wrongdoer died before or after the death of the person injured by the wrongdoer. If any other person is responsible for the wrongful act or neglect, or if the wrongdoer is employed by another person who is responsible for the wrongdoer’s conduct, the action may be maintained against that other person, or if the other person is dead, against the other person’s personal representatives.

3.  An action brought by the heirs of a decedent pursuant to subsection 2 and the cause of action of that decedent brought or maintained by the decedent’s personal representatives which arose out of the same wrongful act or neglect may be joined.

4.  The heirs may prove their respective damages in the action brought pursuant to subsection 2 and the court or jury may award each person pecuniary damages for the person’s grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are not liable for any debt of the decedent.

5.  The damages recoverable by the personal representatives of a decedent on behalf of the decedent’s estate include:

(a) Any special damages, such as medical expenses, which the decedent incurred or sustained before the decedent’s death, and funeral expenses; and

(b) Any penalties, including, but not limited to, exemplary or punitive damages, that the decedent would have recovered if the decedent had lived,

Ê but do not include damages for pain, suffering or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are liable for the debts of the decedent unless exempted by law.

      (Added to NRS by 1979, 458; A 1995, 2667; 1999, 1354)

Who can file a claim

In order to have standing to file a wrongful death lawsuit on behalf of your loved one, you must be an immediate family member such as a spouse, child, or parent of the deceased victim. The personal representative of the estate is who will be named in the lawsuit on behalf of the decedent’s  estate and the family members.

Wrongful death in a car accident

Losing a loved one is a tragedy and losing a loved one to someone’s negligence in an auto accident is an unthinkable loss for every family.  While we cannot bring that person back, we can help ease the financial burden that goes along with the loss of a loved one. If you or someone that you love has lost a loved one due to the negligence of another contact our office immediately. We have over 20 years’ experience helping loved ones and family members recover for the loss of their family.

If you have a question about the wrongful death of a family member or any type of accident involving a personal injury, whether from a car accident or a slip and fall or any combination of injuries, please don’t hesitate to call The Law Offices of Laura Payne Hunt, PC, and Henderson Injury Attorneys for over 15 years. Please call our office if you or if a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence. If you have been in any type of accident and have questions, please don’t hesitate to contact our Henderson and Las Vegas Accident injury offices today. At our office, we are experienced in helping injured victims get the compensation they are entitled to. Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible. Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.   

          At the Henderson and Las Vegas Accident injury Law Offices of Laura Payne Hunt, PC we are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury Henderson offices. The Law Offices of Laura Payne Hunt is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.