Wrongful death claims can be confusing and frustrating during this time of grief and loss. Each case is unique, and to find out what you can expect in your case, you need to talk to an experienced Las Vegas wrongful death attorney. In the meantime, here are some answers to commonly asked wrongful death questions that might give you a better idea of how this stuff works.
What is the Difference Between a Wrongful Death Claim and a Survival Action?
A wrongful death claim is brought by family members of the decedent, to recover compensation for their losses arising out of the death. Your damages could include any monetary losses, such as income your loved one would have contributed or the cost of services, such as childcare, that your loved one would have provided, and your pain and suffering.
A survival action is brought by the estate on behalf of the decedent to recover compensation for damages incurred from the time of injury to the time of death such as medical bills, lost income, and pain and suffering.
Although they are two separate actions, they are typically combined in one lawsuit.
Will the Person Who Caused My Loved One’s Death Serve Time as a Result of My Wrongful Death Claim?
No, a wrongful death suit is a civil lawsuit, not a criminal case. While the person who caused your loved one’s death may also face criminal charges, the cases are completely separate. In a wrongful death suit, you are seeking monetary compensation. And you can receive compensation when the persona at fault was merely negligent. It is not necessary for their negligence to rise to the level of being a crime. You do not need to prove guilt beyond a reasonable doubt because they defendant is not at risk of going to jail if you win.
If you have lost someone you love as a result of someone’s negligence or wrongdoing, you may be able to recover compensation through a wrongful death lawsuit. To learn more, please call Adam Smith Law at 702-929-2289 or contact us online today to schedule your free consultation.