Losing a family member under any circumstance can be a difficult experience. This is especially true when a family member dies in a fatal car accident that could have been prevented. Though there is nothing that could truly console the feeling of grief that follows this kind of tragedy, there are legal recourses such as filing a wrongful death claim that can help the family of the victim recover most if not all of the financial damages that result. This can significantly alleviate the financial burden felt by the family after a fatal car accident.

Contact an Experienced Personal Injury Attorney

After a family member is in a fatal motor vehicle collision, it is highly encouraged that they meet with an experienced attorney who will be able to consult on the case and provide the family with a thorough case review. In this initial consultation, the family will better understand what their options are for pursuing legal recourses and to help recover the financial damages they are entitled to.

Who Can File a Wrongful Death Claim?

In Nevada, only the legal heirs of the deceased can file a wrongful death claim in the event of a fatal car accident. This usually includes heirs such as the surviving spouse or domestic partner, their surviving children, parents of the deceased if there are no surviving spouse or children, or a personal representative of the deceased’s estate. However, a loss of life does not automatically mean that a person can file a wrongful death claim. For an individual to file a wrongful death claim on behalf of a deceased relative, they first need to be a legal heir but there would also need to be proof of negligence on behalf of the at-fault driver.

What Wrongful Damages Can You Sue For?

As the family of the deceased, several different damages can be sued over following a fatal car accident. The first category of damages is those that can be measured quantitatively such as medical bills, lost wages, and funeral costs. These are all damages that directly correlate to a dollar amount. The second category of damages is those that cannot be calculated using such as physical pain and suffering, mental anguish, and loss of companionship or care. In this case, the family would be suing over the mental, emotional, and financial hardship that may result from the loss of a relative— especially a caretaker.