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If you have a loved one who passed away as a result of an injury or accident that involved the misconduct or negligence of a company or individual, you may be able to file a wrongful death lawsuit against those who were responsible for your loved one's death.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
Abuse of process has two main elements. It must be proven that: (1) the suit was brought with an ulterior purpose by the defendants other than resolving a legal dispute and (2) there must be a willful act in the use of the legal process which is not proper in the regular conduct of the proceeding.
Nevada law, with regard to wrongful death, includes a statute of limitation of two years. If the claim is not filed within the two year time period, the plaintiff's right to bring the case to court is nullified.
Under the discovery rule, the statute of limitations doesn't run during the period before the victim discovered or should have discovered the injury. However, a person can't be willfully blind to their injuries, either. It all depends on what a reasonable person should have known or been aware of at the time.
Nevada Revised Statutes 41.141 is the Nevada comparative negligence rule. NRS 41.141 establishes modified comparative fault in Nevada negligence cases. The law allows accident victims to recover damages even if they cause the accident in part.
Legal definition of a ?survival? action in Nevada Sometimes accident victims die before they can bring ? or finish prosecuting ? a personal injury lawsuit. If this happens, Nevada's ?survival? laws under NRS 41.100 permit the deceased plaintiff's estate to take over fighting the case and recover any damages.
However, in Nevada, the average may range from $500.000 to over $1 million. Many circumstances need to be examined while determining the value of the concrete case. The amount of the compensation for your own situation may be more or less than average.