The legal concept underlying most car, workplace, and other accident injury lawsuits in Nevada is that the defendant’s behavior was unreasonable at the time of the incident. Negligence and recklessness are two common legal terms used to describe such behavior. However, most people with limited legal knowledge use these terms interchangeably.
From a legal standpoint, recklessness and negligence are two distinct behaviors that can have a huge impact, especially in wrongful death cases. Therefore, this post will share the key differences between the two terms and how recklessness affects wrongful death lawsuits.
Recklessness vs. Negligence – Key Differences to Understand
Negligence refers to a failure to exercise proper care over something. From a legal standpoint, it refers to a breach of duty that results in accidents and/or injuries. In a wrongful death lawsuit, you must prove liability by showing the defendant owed you a duty of care, whether they were operating on the same road as you or responsible for providing a safe working environment.
Many factors, including incompetence, inexperience, carelessness, and inattentiveness, can cause negligence. Conversely, recklessness is an escalated form of negligence that shows a lack of regard for the danger or consequences of certain actions.
In the context of wrongful death lawsuits, reckless behavior that leads to a person’s death could be as simple as:
- Firing a loaded gun in the presence of people
- Exceeding the speeding limit by 10 miles per hour or more
- Failing to provide protective gear to workers on a construction site
- Driving while under the influence of alcohol or drugs
- Medical malpractice
- Larceny, etc.
The Impact of Recklessness on a Wrongful Death Lawsuit in Nevada
Reckless behavior may not affect the economic and non-economic damages you seek, whether it’s a car collision, workplace accident, malpractice, or a gun misfire that leads to a wrongful death lawsuit. However, you can sue the defendant for additional (exemplary or punitive) damages to ensure such incidents don’t happen again.
Ultimately, only an experienced Nevada wrongful death lawyer can assess each situation’s legal standards and circumstances. Therefore, you should hire one to determine your options and represent you in court.
Contact a Nevada Wrongful Death Lawyer Right Away!
The Bourassa Law Group is at your service to help you get maximum compensation for wrongful death cases in Nevada, regardless of the reckless behavior that caused the incident leading to death. Our competent Nevada wrongful death attorneys can help you understand and protect your rights.
So, feel free to contact us for a consultation at 800-870-8910 and let us discuss your wrongful death case in detail, along with the available legal options.
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