It can be a traumatic experience for families to lose a loved one due to an accident. In instances in which the accident was caused by another party owing a standard duty of care to the victim, it may be possible for a wrongful death lawyer in Las Vegas to get compensation for the survivors of the dead victim. Although this type of case is often not easy to win, a skilled wrongful death attorney can get fair compensation from the other party or the other party’s liability insurance carrier for the wrong death. It is nearly impossible for unrepresented survivors to get a fair settlement on their own since insurance companies know that survivors without lawyers rarely go to court. That is why settlements will be very low for those that do not have an attorney.
That is why it is a good idea to hire an attorney. In order for the wrongful death lawyer in Las Vegas to win a wrongful death action, he or she needs to prove a number of things. First of all, the defendant must have owed the victim a standard duty of care. For example, a driver has a standard duty of care to avoid collisions with other vehicles and pedestrians. In addition, the attorney needs to prove that the death of the victim was due to the accident rather than other causes. For example, it can be difficult for a lawyer to win the case if the victim dies of a completely unrelated cause that is unaffected by the injuries from the accident. Finally, the lawyer has to prove that the other party was responsible for the accident.
If the victim was also negligent, the survivors may be able to get a partial settlement. However, a lot of money can be lost if it is found that the victim was partially or completely responsible for the accident that led to his or her death. There are some additional expenses that the wrongful death lawyer in Las Vegas will try to collect for the survivors of someone who died in an accident. For example, funeral and burial costs should be borne by the negligent party rather than the survivors. However, the survivors will need to pay for these expenses on their own until a settlement is reached. This could take months or years.
However, the attorney will do everything he or she can to recover the funeral and burial expenses. Other monetary losses that are unique to wrongful death cases include loss of consortium to the spouse and surviving children, loss of future wages, and loss of a prospective inheritance. To prove the loss of future wages, the victim’s earnings in the past are used to estimate future earnings up to the normal retirement age. The lost wages award will be discounted since normal wages are paid with future dollars rather than present value dollars. The numbers that are generated to estimate lost wages will be helpful in estimating the lost prospective inheritance to the children. Again, the final award will be discounted since the children are being paid with present value dollars rather than future dollars. The wrongful death lawyer in Las Vegas can work to help survivors get the lost money.
Once the losses specific to wrongful death are combined with past medical expenses and property damage, the attorney will demand the total amount in a letter to the liability insurance carrier. After that, the wrongful death attorney negotiates a settlement that the survivors and the insurance company can accept. Most cases are settled out of court. Losing a loved one and that person’s income can be very devastating in many ways. Hiring a wrongful death lawyer to recover the financial losses can make life without the victim a lot easier with the funds from a wrongful death settlement. That is why survivors seriously think about hiring a wrongful death attorney.