A wrongful death claim is made when someone dies as a result of the legal misconduct of another person. The concept of wrongful death lawsuits is relatively new. Under “common law,” the English laws that were imported to the United States, this type of lawsuit was prohibited. However, over the course of the previous century, state and federal courts established the right to bring a wrongful death lawsuit. Every state in the US currently has legal death penalty laws. Having access to a qualified wrongful death attorney is key to getting the compensation you deserve.
Wrongful death claims cover all tragic occurrences, from simple auto accidents to complex medical malpractice or product liability lawsuits. It is possible to hold individuals, companies, and governmental bodies accountable for their willful or negligent actions (doing in a way that is contrary to what a reasonable person would do).
Who is Eligible to Sue for Wrongful Death in Las Vegas?
A representative must bring a wrongful death claim on behalf of the survivors who are damaged by the decedent’s passing (they are called the “real parties in interest”). Usually, the representative is the executor of the decedent’s estate. The “real parties in interest” are defined differently in different states. They might be the following people:
Immediate Family
In all states, the decedent’s immediate family—spouses, kids (including adopted kids), and parents of unmarried kids—are eligible to file wrongful death cases in order to recover damages.
Financial Reliants, Prospective Partners, and Spouses
In some states, anyone who was financially dependent on the deceased has a right to restitution, including “putative spouses” (those who in good faith believed they were married to the victim).
Distant Family Members
Some states permit wrongful death claims to be brought by grandparents, siblings, and other more distant relatives. For instance, a grandparent raising a child might be permitted to initiate a lawsuit.
Anyone Experiencing Financial Difficulty
Several states allow anyone who loses money as a result of death to make a claim for lost care or support even if they are not related to the victim by blood or marriage.
The Protectors of a Dead Fetus
In a number of states, the death of a fetus may give rise to a wrongful death claim. In several other states, parents who lose a fetus are not entitled to financial or emotional compensation. In some places, only if the child was born alive and later died can the parents file a wrongful death lawsuit. Check your state’s laws and consult a knowledgeable wrongful death attorney to learn whether such a route of action is allowed there.
Who Qualifies for a Las Vegas Wrongful Death Claim?
Wrongful death lawsuits may be brought against a variety of people, companies, organizations, authorities, and workers. For instance, in the event of a car accident caused by a drunk driver and a bad road, the following defendants could be named in the lawsuit:
-The employee or the motorist who caused the car accident
-Those who designed or built the subpar roads
-An official of the state who failed to offer enough warnings about a potential road hazard, which led to the collision.
-Anyone who manufactures, distributes or installs a faulty or dangerous vehicle component.
-Anyone who sold, served, or otherwise provided alcohol to the intoxicated driver.
-Owner of the establishment that served alcohol.
Immunity for Government Employees and Organizations
Occasionally, certain people or groups may be exempt from wrongful death litigation. They are consequently exempt from claims of wrongful death. Again, immunity requirements vary from state to state. Government agencies, employees, and even family members may occasionally be excluded from wrongful death claims.
Recent federal statutes insulate defendants from wrongful death claims in cases involving railroad accidents and some product liability lawsuits involving medical devices. Additionally, the U.S. Supreme Court ruled in 2013 that generic drug producers cannot be held accountable in a state court personal injury or wrongful death lawsuit due to a drug’s alleged “unreasonably dangerous” nature because the FDA had already approved the original “name brand” drug and its labeling. In the matter of Mutual Pharmaceutical Co., Inc. v. Bartlett, a decision was reached.
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