Personal Injury Suits and Wrongful Death

- David Boehrer

Over the Holiday Season, there were reports that a 56-year-old man from Lemmon Valley was arrested following a hit-and-run car accident. The accident had occurred in Sun Valley on the day before Thanksgiving. The victim of the accident was found to be dead by the law enforcement officials who responded to the scene. The individual who was arrested, Gerald Bracy, is now facing a felony charge for failing to stop after an accident that caused death.

When these types of terrible accidents occur, it is important to know that family members can take actions to make sure that the wrongdoer, who caused the death, is held accountable. These types of cases are known as wrongful death lawsuits and are similar to personal injury cases in that they involve a party who has caused damage to another. When the person lives, the personal injury case is filed by the injured party. When the injury is more significant and death occurs, the case is filed by the heirs.

Who Can Be Involved in a Wrongful Death Lawsuit?

In Nevada, heirs and personal representatives can file suit. To be considered an heir, for the purposes of this special type of personal injury lawsuit, the person must be entitled to succeed the decedent, had he died intestate. What this means is that anyone who would have naturally been entitled to inherit property from the person who died can bring a suit for wrongful death. This right extends to each person who may have inherited from the deceased. Additionally, if the wrongdoer dies, then the family may bring the lawsuit against the wrongdoer’s personal representatives.

Cases with Multiple Parties Can Be Joined into a Single Lawsuit

Often, in wrongful death cases multiple cases against a person will be filed and then the court will put them all together and try the matter in a single case. For example, if there are multiple members of a family who are all pursuing wrongful death claims, the court may decide that it is in everyone’s interest to join all of the claims into a single case. When this occurs, the court or the jury may award each person damages for the person’s suffering as well as their loss of support, companionship, comfort, and damages for pain, to name a few of the reasons.

Additionally, the Nevada statutes allow the heirs to collect special damages such as funeral expenses, medical expenses, as well as anything that the decedent would have been able to recover on his own, had he lived.

It is important to know what you can do after a loved one has been injured or has died. Nevada Laws make it clear that you can hold the wrongdoer accountable for the injury that he caused. It is important to speak with attorneys who know how to handle personal injury cases and wrongful death cases so that the family of the deceased can be helped to the greatest extent allowable by law.

We invite you to contact us today on (702) 750-0750 to discuss your particular personal injury situation.