Las Vegas Personal Injury Claims: Who Can Receive Benefits?

In a personal injury claim in Las Vegas, Nevada, usually the injured person receives benefits for his or her pain and suffering, medical expenses, lost wages, and property damage. Yet, when an accident leads to a loved one’s death, the grief, anger, and confusion sometimes leaves families in the dark about their rights. A qualified personal injury lawyer like Ron Truman with Truman Law Firm, PC can often guide your family through the difficult claims process following an accident with compassion, respect, and understanding.

Yet, who is entitled to make a claim after a loved one has died in an accident?

Common Beneficiaries

The most common individuals who file wrongful death claims against negligent parties are surviving spouses, domestic partners, parents, or children of the deceased. Parents usually will file a claim if there is no spouse or child. If the deceased person named a personal representative or benefactor in his or her will, this person may also be able to file a wrongful death claim.

The Importance of Probate                    

When family or extended family of a person killed in an accident want to file a wrongful death lawsuit, the family must have an open probate estate. A personal injury lawyer who specializes in wrongful death lawsuits can assist you in this matter, or you may need to also seek the counsel of probate specialists if your case is complex.

Guardians for Minor Children

If minor children are likely to be the main beneficiaries of a wrongful death claim on behalf of their parents or other loved one, the court may require that a guardian be appointed to the case. The guardian will ensure that the rights of the minor are protected and that all actions are in the child’s best interests. Other family members may be appointed guardians, or, if no other family is available to serve this role, the state may appoint a guardian on the child’s behalf.

Other Beneficiaries?

The Akron Law Review reports about a woman who sued a driver for the death of her unborn child. The case raised the question about whether mothers to be have the right to file lawsuits on behalf of their unborn children. The case is complex because, if it had been accepted, it would grant the unborn child certain rights also granted to newborns and minor children. Some courts are wary to grant rights to the unborn as this may go against Roe v. Wade’s landmark decision. Alabama courts initially dismissed the mother to be’s claim, explaining that an unborn child did not have the same rights as a minor child already born. Yet, when the case was brought to the Alabama Supreme Court, the order was reversed, claiming that the parents had a right to sue for their losses in the accident, including losses involving pregnancy. The question is a fine one that blurs the distinction between a personal injury claim and wrongful death action. In cases where the wrongful death claim cannot be brought, mothers to be may be able to seek personal injury compensation. If a lost pregnancy isn’t viewed as a wrongful death claim by the court, it may be viewed as an injury to the mother.

If you or a loved one has suffered a personal injury or a wrongful death in Las Vegas, Nevada, you have important rights. Contact a personal injury attorney today or visit www.trumanlawfirm.com as you may have only a limited amount of time to receive compensation for your claim.