Can the surviving family of a fatal truck accident victim sue for loss of companionship?
As John Stacy, 60, headed south on Las Vegas Boulevard in his FedEx semi-truck, he approached a disabled 1993 Chevrolet Corvette parked in the dirt on the side of the road at around 10:40 p.m. [Source: News 3 Las Vegas]. Stacy had noticed that the Corvette was on fire which prompted him to pull onto to the shoulder so that he could provide the driver with assistance. As Stacy attempted to cross the road with a fire extinguisher in hand, he was struck by a fully loaded mixer truck.
Stacy was killed upon impact with the mixer truck. The source did not disclose the cause of the incident.
Suing for Loss of Companionship in Clark County, NV After a Truck Accident
Losing someone close to you such as a spouse or parent unexpectedly might have you feeling as though you don’t know who to turn to for help. This person, who you have depended on and loved, is now gone and you aren’t sure how you are going to carry on without them. While the grieving process is different for everyone, we are here to tell you that there is a way you can obtain some sort of closure and/or justice for your loved one’s death.
You can sue the negligent party who caused the accident in an effort to recognize them for their actions and recover compensation to make up for the loss of companionship you are experiencing.
Nevada law (NRS 41.085) allows the heirs of the decedent and their personal representatives to file suit for damages “against the person who caused the death, or if the wrongdoer is dead, against the wrongdoer’s personal representatives, whether the wrongdoer died before or after the death of the person injured by the wrongdoer.” In the event the at-fault party’s employer is responsible for the wrongdoer’s conduct, “the action may be maintained against that other person.” Now, even if your loved one was partially at fault for the accident, this doesn’t bar you from bringing a lawsuit against the other party.
The law also doesn’t only limit one person from seeking damages from the liable party. In fact, Nevada law allows each heir to seek pecuniary damages for things like: “grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent.”
Do I need to hire a Clark County, NV truck accident lawyer if I wish to file a wrongful death lawsuiton behalf of my loved one?
Typically, when you file suit against another party in an effort to recover compensation for loss of companionship, you will be required to prove that the person or entity owed a duty of care to the victim (i.e. your loved one) and they breached that duty. For example, if the company hired a truck driver knowing he/she had caused several accidents in the past and wasn’t properly licensed, then you may be able to use this as your evidence to hold the trucking company liable for the incident.
Proving negligence isn’t always easy and it can be difficult for the surviving family of a truck accident victim to recover compensation for things like loss of companionship. Therefore, it is best that you are represented by a truck accident law firm in Clark County, NV if you want to increase your chances of winning your case. To get connected with a Clark County, NV truck accident lawyer nearby to you, contact USAttorneys.com so that we can place you in touch with a legal expert in your area.