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After a devastating rear-end collision, April’s world turned upside down. Medical bills piled relentlessly.
Hear her storyIt’s Not About the Injury. It’s About the Recovery.
I retained Paul Padda after firing my other lawyer. Best decision I ever made! He did a fantastic job for me in handling my personal injury case. Always courteous and cares about his clients. Great office staff that cares about people. With Mr. Padda, I felt comfortable every step of the way. My first choice for a lawyer!
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It’s tough to think about life without a loved one, but when someone dies as the result of another person’s negligence, a wrongful death, you could be facing exactly that type of uncertain future. As a surviving spouse, there is the devastating emotional toll you feel as your trusted marital partner is no longer able to provide love and companionship. Children may also feel a range of emotions, including grief, depression, and anxiety. It’s hard to explain to young ones that their parent will not be around to offer guidance and support.
"Being a lawyer allows me to be a voice for the voiceless."
- Paul Padda, J.D.
More About PaulThrough these difficult times, you must also deal with financial hardships. There are bills mounting related to your loved one’s passing. The costs of treating the victim’s last illness, funeral and burial costs, and other expenses add up. Plus, there is the increased burden of maintaining your family now that your loved one’s income is gone. Without the deceased’s contribution to the household, both financially and personally, you’ll experience a significant void.
To speak with a compassionate and experienced Las Vegas wrongful death lawyer, at Paul Padda Law, we are highly-skilled Las Vegas personal injury attorneys and can help you and your family through this difficult time. Call us at (702) 707-7000 or through our online form.
After a devastating rear-end collision, April’s world turned upside down. Medical bills piled relentlessly.
Hear her storyWhile it could never bring back your loved one, Nevada law does allow certain individuals to seek a financial award for the losses you experience after the deceased person’s death. Through a wrongful death action, you can obtain compensation for your out-of-pocket costs, as well as for the personal and emotional impacts you sustain as a family.
The wrongful death lawyers at Paul Padda Law in Las Vegas have the experience and in-depth knowledge necessary to fight for your rights. At the same time, our wrongful death lawyers have the compassion and understanding to help you cope with your situation. We will take on the tough legal battles involved with pursuing the party responsible for your loved one’s death, allowing you to focus on your own healing.
With compassionate and skilled legal representation, family members and/or the deceased’s estate can typically recover compensation for the financial support the deceased would have provided if they had lived, the loss of care and loss of companionship experienced by the survivors, the costs associated with any pre-death medical treatment, and the funeral expenses.
Paul Padda Law represents clients in cases, where surviving family members have lost a loved one due to another person’s actions. Most wrongful death cases are based upon negligence, where someone acted carelessly and caused the victim’s death. There are two different theories of liability when a person dies as a result of negligence:
The victim’s family members suffer various types of losses as result of their loved one’s passing under sudden, unexpected circumstances. These individuals can sue the responsible party for compensation to cover these losses.
The victim sustained life-ending injuries, giving him or her the right to sue upon a type of personal injury case, called a “survival” action. The concept is the same as a negligence case, but the difference is that the victim died instead of merely suffering injuries. The plaintiff in this type of case is the victim’s personal representative, who acts on behalf of the decedent to recover compensation.
Under Nevada law, these types of actions can be joined together so that plaintiffs can pursue the responsible party in one case. However, a plaintiff must have a certain status to sue for compensation, a legal term called “standing.”
Plaintiffs in a Wrongful Death Case: There are two types of individuals that have proper standing to sue as a plaintiff in a wrongful death case:
Heirs of the Deceased Person: According to the statute, these are the people that would inherit the property of the victim if he or she died without a will. Typically, they would be the surviving spouse and minor children; parents of the decedent may maintain a wrongful death action if there is no surviving spouse or child. In some cases, a stepchild who relied upon the deceased person for financial support may also sue for compensation. The Personal Representative of the Deceased Person’s Estate: Because the victim perished, another party must bring the case to court on his or her behalf. The individual acting as the personal representative in the deceased’s estate, either through designation in a will or through appointment by a Nevada court, would bring a lawsuit to recover losses.
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The theory behind damages in a wrongful death case is that the deceased’s relatives suffer harm due to the victim’s death. In a survival action, damages are available to compensate the victim for the pain and suffering he or she suffered due to the life-ending injuries. In general, these losses include:
There are multiple statutes and case law rules that limit different aspects of a wrongful death case, whether through a bar on bringing a lawsuit or reduction of compensation.
The law is one of modified comparative fault, which looks to how much the deceased’s own actions contributed to his or her demise. A percentage of fault is assigned to the victim’s conduct, and this amount reduces that compensation available to heirs and the decedent’s personal representative. However, where the deceased’s is more than 50 percent to blame, the situation can act as a complete bar to recovery.
Lawsuits based upon the theory of wrongful death can arise in almost any situation where the negligence of another party is a factor.
However, there are certain situations where a spouse, children, and personal representative may file a wrongful death action to recover for their losses. The employer’s failure to procure workers’ compensation insurance gives rise to a cause of action. Plus, the intentional conduct of the employer or another employee may provide surviving family members to sue for wrongful death.
$150,000 Settlement After a Botched Surgery
Following an intensive deposition, Paul Padda Law interrogated the opposing counsel’s expert medical witness and secured a substantial recovery.
The attorneys at Paul Padda Law have extensive experience in wrongful death cases, helping clients throughout Las Vegas recover compensation for the losses they suffer due to a loved one’s passing. Wrongful death cases are extremely complicated under Nevada law, and the court and procedural rules make them even more complex. Plus, you could be up against the insurer for the responsible party, a company that likely has a large legal team and a significant budget to defend its interests. Please contact our wrongful death lawyer today via our online form or at (702) 707-7000 to schedule a free case evaluation.