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Last month in Las Vegas, a 20-year-old man was charged in the death of a grandmother and her granddaughter, with authorities alleging he was driving in the fatal hit-and-run crash at a local bus stop.
According to the Las Vegas Review-Journal, the incident took place on a Monday afternoon at the busy intersection of Maryland Parkway and Sahara Avenue in Las Vegas. Police say the man drove his Volvo up and over the curb at the bus stop, hitting the grandmother, her 6-year-old granddaughter, and an 18-month-old girl in a stroller. The 18-month-old was injured but has since been released from the hospital, according to the report.
The man drove off after the crash, and he and a passenger were found hours later at a nearby apartment building, said police. The 20-year-old man has been charged with two counts of DUI and one count of leaving the scene of a crash, the report states.
Tragic cases such as these sometimes result in wrongful death suits. It can be a painful and time-consuming process, but it is one that allows the family of the deceased to recover some financial stability and from the pain and suffering they’ve been through as a result of the fatal incident.
What is a wrongful death lawsuit?
Wrongful death cases are essentially based on the same principles used in other personal injury cases. The family of the deceased has to prove that the defendant’s negligence led to the individual’s death.
Under Nevada law, a wrongful death claim, like any personal injury claim, requires establishing negligence. To do that, the surviving family or estate must prove four elements: (1) the defendant owed a duty of care to the deceased; (2) the defendant breached that duty through their actions or failure to act; (3) that breach directly caused the death; and (4) the death resulted in measurable damages. These are the foundational elements Nevada courts apply in every negligence-based civil case.
Wrongful death, as defined by Nevada state law (NRS 41.085), refers to the fact that “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.”
These cases are brought as civil lawsuits and seek monetary compensation for damages resulting from the death. A wrongful death lawsuit can be filed in addition to criminal charges based on the death.
Who is eligible to file a wrongful death lawsuit?
Under NRS 41.085, both the heirs of the deceased and the personal representative of the estate may file a wrongful death lawsuit. Heirs, typically a spouse, children, or parents, may pursue compensation for their own losses, including grief, loss of companionship, and financial support. The personal representative may pursue survival damages on behalf of the estate, such as the deceased’s medical expenses and lost wages prior to death. In many cases, both types of claims are filed together. An attorney can help your family determine the right approach based on your specific circumstances.
Nevada law regarding wrongful death includes a 2-year statute of limitations. If the claim is not filed within the two-year time period, the plaintiff’s right to bring the case to court is nullified.
What can family members expect to recover in a wrongful death lawsuit?
The family of the deceased is eligible to receive financial compensation for funeral expenses, medical bills, lost wages, and health insurance benefits, as well as for the emotional toll of losing a loved one.
In addition, in some wrongful death cases, the court can award families punitive damages. These damages are intended not to compensate for medical bills but to punish the more egregious behavior.
Should I file a wrongful death suit?
For more information about the options available to you after losing a loved one to a wrongful death incident, call GGRM Law Firm at 702-384-1616 to schedule your free consultation today.