My Loved One Died in a Bus Accident: What’s Next?

Losing a loved one in a tragic bus accident is a devastating and changing event. It’s completely normal to feel overwhelmed and unsure of what to do next.

While no amount of money can replace your loved one, pursuing a legal claim will provide some financial relief. It will also hold those responsible for the accident to account for their negligent actions.

You’ll need to take several important steps to move forward in this respect, including speaking with a bus lawyer near you.

1. Consult with an experienced bus accident lawyer

The first step in pursuing a wrongful death claim after a bus accident is to consult with an experienced personal injury attorney.

A knowledgeable lawyer will evaluate your specific case, determine the potential value of your claim, and guide you through the entire legal process.

2. Gather the evidence to support your claim

To build a strong case, you will need to gather important documents related to the accident. This paperwork usually includes medical reports, police accident reports, photos, and witness testimonies.

Your attorney will help you obtain these documents and will review them to determine the strength and merits of your case.

3. Identify the liable parties

In a bus accident wrongful death case, you may have to sue several parties. These parties may include the bus driver, the bus company, or even a government entity responsible for maintaining safe intersections and highways.

Your attorney will help you identify all liable parties so they are held accountable for their negligence or wrongdoing.

4. File your wrongful death lawsuit

Once you’ve consulted with an attorney, gathered the supporting evidence, and identified the liable parties, it’s time to initiate the legal process.

That means filing your wrongful death lawsuit. Your attorney will draft and file the necessary paperwork with the appropriate court and serve notice of the lawsuit on each defendant.

5. Engage in settlement negotiations or go to trial

Many personal injury lawsuits are resolved through settlement negotiations. This happens before they ever go to trial.

If the defendants are willing to offer fair compensation for your loss, your attorney may negotiate a settlement on your behalf.

If your attorney cannot reach a settlement, your case will proceed to trial.

Inside the courtroom, your attorney will present evidence and argue on your behalf. They will do this in front of a judge or a jury.

6. Obtain compensation for damages

If successful, a bus accident lawsuit will result in compensation for damages, such as medical and funeral expenses, loss of income, emotional distress, and loss of companionship.

You have two years from the date of death to file a wrongful death claim for a bus accident lawsuit in Nevada.

Who Can File a Wrongful Death Claim in Nevada?

Nevada law recognizes two types of claimants in wrongful death claims.

Either the estate of the decedent can file a claim (via a personal representative), or the decedent’s intestate heirs can move forward with a case.

Intestate heirs include:

  • The decedent’s surviving spouse or domestic partner, or children
  • The deceased’s parents, if they had no surviving spouse or child
  • The siblings of the deceased, if they had no surviving spouse, child, or parent
  • The next closest relative if the decedent had no surviving spouse, child, parent, or sibling

What the Estate Can Recover

The estate of the decedent may recover damages in the form of medical expenses and funeral costs. They may also pursue punitive damages if the deceased would have recovered if they had survived.

What Intestate Heirs May Recover

Each heir in a bus accident wrongful death lawsuit can recover for their individual grief or sorrow, as well as for the loss of probable support, society, companionship, or consortium. They can also ask for damages for pain and suffering or for disfigurement of the deceased.

Learn more: Who Is Entitled to File a Bus Accident Claim?

Individuals Who Can’t Pursue Wrongful Death Accident Claims

Fiances and fiancees, unmarried partners, stepchildren that have not been adopted, or foster children are not allowed to file a wrongful death claim. This is true, even if they are listed as beneficiaries in the decedent’s will, per NRS 134.030.

Again, this type of compensation will not replace your loss. However, it can be used to alleviate some of the financial burdens that surviving family members frequently face.

Filing a wrongful death lawsuit after a bus accident is an important step in seeking justice for the loved one who died due to another party’s negligence.

That’s why you need to partner with an experienced personal injury attorney – someone who will passionately advocate for your best interests. Remember that time is of the essence in these cases, so act promptly to protect your rights and secure the money you need.

Contact a Bus Accident Attorney Now

Contact Cloward Trial Lawyers to learn more about why you should file a wrongful death claim right away. The sooner you take action, the sooner you’ll be able to begin the healing process and move forward with your life.

 

Benjamin P. Cloward

In 2016, at the age of 37, Benjamin P. Cloward became the youngest lawyer in the history of the State of Nevada to be awarded the prestigious “Trial Lawyer of the Year” by the Nevada Justice Association. That same year, he became the youngest member of the Nevada, Las Vegas Chapter of ABOTA (American Board of Trial Advocates), and at the time was also the youngest person in the State of Nevada to be Board Certified as a Personal Injury Specialist.

Practice areas: personal injury, car accidents, truck accidents, wrongful death, Greyhound bus accidents, and walk-in tub accidents.
Location: Las Vegas, NV

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