Wrongful Death: More Than a Loss
Wrongful death, in legal terms, is a wound that goes beyond the physical; it is the result of avoidable acts or omissions. If someone loses their life not by fate but by the carelessness or irresponsible actions of another, that is wrongful death.
When we talk about death due to negligence, we refer to situations where a person dies due to the negligent actions or inaction of another. It is a chain of errors that, unfortunately, has fatal consequences.
There is no way to bring back someone who is gone, but wrongful death lawsuits seek, at least, to alleviate the invisible wounds of those left behind. It’s not just a matter of money; it’s a quest for justice and closure.
Tragedy in Gambling: Real Case
A man, enjoying a game of blackjack at Wynn in Las Vegas, was peacefully playing in a casino when, like all of us, he had no idea he was about to suffer a heart attack. Everything was normal, enjoying Las Vegas and its nightlife, when suddenly he had a heart attack. However, a sequence of events follows that no one would expect.
The Agony of Waiting
This man, far from home, spending a splendid night, suddenly collapses in the middle of the game, and the story becomes heartbreaking. Allegedly, casino employees did not provide medical assistance for 15 minutes. In an emergency, 15 minutes is an eternity, making a difference between life and death. A time that could have made a difference in the man’s life, for his family, and even for the casino to avoid a lawsuit.
Challenges in Emergency Response
Finally, when they decided to use a defibrillator, the tragedy did not end. The lack of proper training in casino staff on using this essential device becomes a critical element of the story: a desperate but ill-equipped attempt to save a life and failure to call 911 or an ambulance on time.
The Struggle for Justice
Six months later, the Florida man passes away, and the family decides to seek justice. They filed a wrongful death lawsuit against the Wynn casino, arguing that the casino staff’s negligence contributed to the tragedy.
This story goes beyond cards and gambling. It is a painful lesson about the importance of a quick and effective response in emergencies, even in places where we would least expect to face such a tragedy—an example of negligence and wrongful death.
Examples of Situations and Wrongful Death Lawsuits
In life, we face heart-wrenching situations that challenge justice and demand answers. But when do these tragedies lead to wrongful death lawsuits? Let’s explore.
Drunk Driving Accident:
It was losing a loved one in a car accident to find out that the recklessness of a drunk driver caused it. Here, apparent negligence can be the basis for a wrongful death lawsuit.
In the pain of losing someone due to medical errors, the law offers a path to seek justice. If medical negligence results in the loss of a patient, family members can seek compensation for their losses.
Death caused by defective products can also trigger a lawsuit. A product that fails and leads to tragedy raises questions about the manufacturer’s responsibility.
In darker cases, such as murder or involuntary manslaughter, legal justice can intervene to hold the perpetrators accountable.
And the Heartbreaking Case of the Wynn Casino:
Take the earlier example of the man who collapsed at the Wynn. The family seeks answers and justice, alleging negligence by the casino. Ignoring the man during his collapse and the lack of competence in using a defibrillator and not calling 911 are the central points.
The Legal Path
To succeed in a wrongful death lawsuit, the family must prove the negligence or intentionality of the defendant and its direct connection to the loss. Damages sought include medical expenses, funeral expenses, and emotional distress.
It is important to note that not all family members can file these lawsuits. In most states, only spouses, children, and parents can. Additionally, there is a time limit—in Nevada, two years—to seek justice.
These legal limits delineate the pursuit of justice when tragedy strikes.
Steps to Resolve a Wrongful Death Lawsuit: Navigating the Quest for Justice
Facing a wrongful death lawsuit is a difficult path, but there are crucial steps to achieving justice and appropriate compensation. Let’s see how this process unfolds:
- Determination of Damages: Calculating damages is a complex process, dividing sufferings into economic, non-economic, and punitive. Each component seeks to reflect the loss suffered from expected lifetime earnings to emotional pain.
- Establishment of Liability: Liability is critical. The plaintiff must prove that the defendant acted with negligence or intentionality, with their actions being the direct cause of the tragedy. From careless driving to medical negligence, each case is unique.
- Negotiation of Settlement: Negotiations seek to avoid trial, offering a space to discuss compensation. Demand letters, counteroffers, and multiple rounds of negotiations may take place. If the parties settle, they will withdraw the lawsuit in exchange for the agreed-upon compensation.
- Division of Settlement: In cases involving multiple parties, dividing the settlement is delicate. The distribution considers the degree of loss and damages suffered by each plaintiff. The most affected family members may receive a larger share.
- Accounting for Fees and Tax Obligations: Deduct legal fees and court costs before distributing the settlement. There are also tax implications, as the settlement may be subject to federal and state taxes, reducing the final compensation.
Beyond the Economic Aspect
Knowing the tactics that can be part of a wrongful death lawsuit is essential. Understanding the strategies employed by insurance companies and opposing parties is necessary to ensure fair and adequate compensation.
This process is an emotional and legal journey seeking justice when tragedy strikes, and each step is vital to achieving proper closure and supporting the affected family members.
These lawsuits are not just about compensating economic losses; they are a way to provide financial support and a sense of closure for families facing the overwhelming pain of losing a loved one unjustly.
In the face of a wrongful death, such as the recent tragedy at Wynn casino in Las Vegas, Pacific West Injury Law stands ready to support you. If you’re grappling with the aftermath of a wrongful death, turn to Pacific West Injury Law for compassionate and expert legal assistance.