Losing a family member because of someone’s negligent behavior can be distressing. It is normal for you to find out why this tragedy happened and hold the negligent party accountable. Having an experienced wrongful death lawyer in Nevada by your side can ensure you have a strong case.
However, it is also vital to be aware of the defenses the defendant might use to fight this claim. Here are six common wrongful death defenses:
Self-defense is another defense the defendant can use, particularly if both parties had a physical altercation or claimed that they were in danger of the deceased and had no option but to stop them from causing harm. However, they have to prove that the self-defense was justified and reasonable.
2. Statute of Limitations
In Nevada, the statute of limitation to file a wrongful death claim is two years. If you decide to file the claim after the statute of limitation has expired, this can be used as a defense for the wrongful death claim.
3. Lack of Evidence
This defense is also commonly used in wrongful death cases. The defendant may argue there is not enough evidence to prove they were responsible for the deceased person’s death. The loved ones of the deceased need to hire an experienced wrongful death lawyer in Nevada to find strong evidence to prove their claim.
4. Assumption of Risk
Assumption of risk is another common defense used in wrongful death cases. This defense asserts that the deceased person knew and willingly assumed the risks involved in their actions that led to their death. For example, suppose the deceased person was engaging in dangerous activities like skydiving or bungee jumping. In that case, the defendant may argue that the deceased person knew the risks and willingly assumed those risks. However, it’s important to note that the assumption of risk may not always be a valid defense. The assumption of risk may not be a valid argument if the defendant was negligent.
In some cases, the defendant may be immune from wrongful death claims. For example, government agencies and public officials might have immunity in these claims in certain situations. Additionally, some industries may have laws that provide immunity to certain types of businesses or professionals.
6. Comparative Negligence
Comparative negligence is a common defense used in wrongful death cases. This defense asserts that the deceased person was partially responsible for their own death. For example, suppose the deceased person neglected to wear a seatbelt when the car accident happened. In that case, the defendant may argue that their failure to wear a seatbelt contributed to their injuries and death.
In Nevada, the law follows a modified comparative negligence rule. So, if the deceased person is found to be over 50% responsible for their own death, their family might not be granted compensation.
Contact a Nevada Wrongful Death Lawyer
It’s important to note that these defenses may not always hold up in court, and it’s up to the judge and jury to consider the evidence and determine whether or not the defendant was responsible for the deceased person’s death. In conclusion, wrongful death cases can be complex and emotional. Therefore, having an experienced Nevada wrongful death lawyer is recommended.
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