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las vegas injury law

What a Wrongful Death Lawsuit Entails

Whether a family member was involved in a fatal car accident or died because of injuries incurred during a medical operation, you may have cause to file a wrongful death lawsuit. These lawsuits provide the estate of the deceased person with the means of filing a lawsuit against the person who is deemed to be legally liable for their death. A better understanding of what a wrongful death lawsuit entails should help you avoid making any mistakes during the process.

When a Wrongful Death Claim Can Be Made

A wrongful death claim is something that can be made when personal injuries caused by an intentional harmful act or negligence caused the individual to die. If a person is intentionally killed, a wrongful death claim is almost always applicable and can be readily proven. Another common reason for a wrongful death claim to be made is because of medical malpractice, which can occur if a doctor made the wrong diagnosis or the doctor was careless with the type of care that they provided. If your family member died because of injuries that they sustained during a car accident, it’s possible that you could file a wrongful death claim if another driver was at fault. Las Vegas injury attorneys can look at the details of your case and tell you if it qualifies for a wrongful death claim.

What Needs to Be Proven

The burden of proof for a wrongful death claim is similar to that of a personal injury lawsuit. In general, you will need to show that the actions of the at-fault individual or company were negligent or intentional and that these actions caused the death to occur.

Types of Damages You Can Claim

Damages that can be sought in a wrongful death claim extend past those of a personal injury lawsuit. Along with compensation for the pain and suffering of the deceased individual and their medical costs, some of the additional forms of compensation include a loss of love and companionship, a loss of inheritance because of the death, and funeral and burial costs.