When a person dies as a result of the intentional or negligent action of another, the offender may be brought to court for a criminal charge. Unfortunately sending the person who caused the death of the decedent will not cover the costs related to the loss of support and care to the surviving family members.

So in addition to the criminal charge, a civil action may also be filed against the offender. Its purpose is to permit recovery of compensation for damages on account of the decedent’s death.

Normally, in lawsuits involving bodily injuries, it is the injured party who can file the civil and criminal actions. So who can file these court actions in wrongful death cases? Obviously it’s not the deceased.

The surviving family members may institute these actions in wrongful death cases.

In civil lawsuits connected with cases of wrongful death, the surviving family members may recover compensation for damages for the loss of support of their loved one. The amount of damages may also include medical and funeral expenses, among others.

So who are these surviving family members?

Most states define family members to include parents, spouses, and children. But some jurisdictions expand the definition to include domestic partners, siblings, and grandparents.

However, recognizing the proximity in terms of degrees of consanguinity or affinity with the decedent, not all surviving family members are entitled to receive the same or equal amounts or damages. In fact, the distant relatives may even be excluded from receiving damages should there be a family member closer in proximity.

As a such, a grandparent or sibling may even be excluded from receiving any court-awarded damages if the decedent has a spouse or child.

In addition, the amount of damages that a family member may receive greatly depends on the pecuniary or other losses that the latter suffered on account of the decedent’s death. As such, a minor child who is dependent on the decedent for support stands to suffer financially than a sibling who has the capacity to earn his/her own money. To alleviate this distress, the law permits an award of damages to the decedent’s minor child, which may be to the exclusion of the sibling.

The amount of damages to be awarded will also be computed based on the decedent’s earning capacity, in relation to the resulting loss of financial support that the dependents stand to suffer.

Las Vegas Wrongful Death Attorney

Figuring out who can file an action for wrongful death against the offender is easy. But here’s the tricky part: proving the fault or negligence of the offender to warrant a criminal conviction as well as an award of damages. Without the appropriate legal training, experience, and expertise, it can be a daunting task.

If you lost a loved one under wrongful death circumstances, would you risk losing a legal battle? Without any legal knowledge or training, you will stand to lose the fight in court if you take it upon yourself to handle the helm. As a result, you will suffer the loss of a loved one as well as a judgment of conviction and award of damages

Let a seasoned Las Vegas wrongful death attorney handle the legal battle. Contact Dan Lovell of Empire Law Group.

The post Who can Sue in Wrongful Death Case? appeared first on Empire Law Group, Las Vegas car accident attorney Dan J. Lovell.

Vehicle Falls on Employee of Las Vegas Auto Shop

An auto shop employee died when a vehicle fell on him. The police officers responded to the scene at around 4:50 in the afternoon of the 14th of May 2018. The unfortunate event occurred at the Alex Auto Shop, which is located in Fremont St. near Mojave Road.

Lt. Grant Rogers of the Las Vegas Metropolitan Police Department said they have contacted the Occupational Safety and Health Administration to investigate the incident.

What Is the Occupational Safety and Health Administration?

The Occupational Safety and Health Administration (OSHA) is an agency under the U.S. Department of Labor. It is tasked to ensure workplace safety and the health of the workers.

Under federal law, every worker is entitled to have a safe workplace. Every employer shall ensure that the workplace is free from any safety or health hazards or any element that may impair the wellbeing of the employees.

If you or your loved ones are concerned about your health and safety on the job, you may contact OSHA. You may file a confidential complaint and request for an inspection of the workplace if you believe you are exposed to an unhealthful or unsafe working environment.

The employee who filed the complaint enjoys protection from retaliation. If the employer knows of the identity of the whistleblower employee, the employer is prohibited from firing, demoting, or discriminating the latter in any capacity.

If you or your loved one has been the subject of the employer’s ire and retaliation on account of the filing of the complaint with OSHA, you may file a whistleblower complaint with OSHA within 30 days from the time of the alleged retaliation.

Know Your Rights as an Employee

All employees are entitled to a safe workplace. Federal law provides that every workplace should be free of known safety and health hazards. In addition to these rights, all employees shall also have the right to be trained in a language that they understand.

The State recognizes the higher risk of injuries when operating machinery or working with toxic chemicals. To this end, the employer shall ensure the safety of the workers operating on machines.

Safety gear shall also be provided to employees working on high-risk activities; this includes gloves, harness and lifeline, etc. Adequate protection shall also be furnished to employees who are exposed to toxic chemicals.

Concerned about Your Hazardous Working Conditions?

If you believe your working conditions are unsafe or unhealthful, you may forward your concerns with OSHA by filing an appropriate complaint. You may also request for an inspection of the workplace. These complaints and inspection requests are treated with confidentiality.

As an added recourse, you may refuse to continue to work if the unsafe and unhealthful nature of the workplace clearly presents a high risk of serious injuries or death, and this was brought to the attention of the employer.

In the event of injury or death, get medical assistance ASAP. You may also need to inform the supervisor of the fact.

Contact a Las Vegas Workplace Accident Attorney

If you or a loved one has been injured in the workplace on account of its unsafe or unhealthful nature, you may be entitled to recover damages. In the same way, heirs and other survivors of a deceased employee may claim compensation.

Get in touch with a highly experienced Las Vegas workplace accident attorney. Contact Dan Lovell of the Empire Law Group.

The post Vehicle Falls on Employee of Las Vegas Auto Shop – workplace safety appeared first on Empire Law Group, Las Vegas car accident attorney Dan J. Lovell.

Las Vegas Pregnant Woman Killed in DUI Car Crash

Drinking and driving are not a good mix. This could lead to serious bodily injuries and damaged properties. Or worse, death. Here’s another alcohol-related car accident that resulted in a fatality.

In March 2018, a pregnant woman named Monique Leiwalo was driving on the northbound lane of Rainbow Boulevard around 7 in the morning. Suddenly a man driving an SUV hit another car and rear-ended Leiwalo’s vehicle. The force threw Leiwalo’s vehicle, crashing it into a pole. She died as a result.

But it was not only Leiwalo who perished in the car accident. The unborn child in her tummy also died. According to the deceased’s sister Jasmine, Leiwalo was scheduled to give birth in May. Originally from the Hawaiian island of Oahu, Leiwalo moved to Las Vegas in 2013 with her longtime beau Anthony Cruz.

The suspect, driving the SUV in question, was identified as Timothy Naas. After the car crash, Naas reportedly fled the scene. But he was later apprehended and criminally charged on suspicion of driving under the influence (DUI). The 29-year-old Naas was delivered to the Clark County Detention Center where he faces countless charges. Among the criminal actions filed against him include DUI and hit-and-run.

DUI Car Accidents Resulting in Wrongful Death Involving an Unborn Child

Is an unborn child considered a person for purposes applied in wrongful death cases? Yes, according to a 1972 case decided by the Supreme Court of Nevada in Weaks v. Mounter.

In Naas’ case, he may be criminally charged for the death of Leiwalo and her unborn child. Additionally, Naas may also face a civil action for recovery of damages arising from two counts of wrongful death.

Under Las Vegas jurisdiction, tortfeasors like Naas may be held liable for pecuniary losses. They will be required to answer for the decedent’s medical bills on his/her final illness or injury. Upon the latter’s death, these tortfeasors will also answer for the funeral or burial costs.

Tortfeasors will also be held liable to cover for the decedent’s lost future income, paying to the latter’s heirs. The heirs will also receive damages founded upon the decedent’s pain or suffering as well as the lost emotional guidance on the part of the dependents.

Establishing Liability in Las Vegas DUI Cases

To establish criminal and civil liability in wrongful deaths arising from Las Vegas DUI cases, the plaintiff will need to gather direct or circumstantial evidence to prove the fault or negligence of the tortfeasor. To wit, it must be shown to the court that:

the tortfeasor has the duty to observe proper diligence in operating his motor vehicle on the roadways,
(2) there was a failure to observe the requisite degree of diligence,
(3) this failure resulted in a violation of a safety statute; e.g., DUI laws,
(4) the violation of the safety statute involved an injury or death.

Based on the accident report, it can be deduced that Naas is liable for the wrongful death due to his failure to follow the DUI laws. However, from a legal standpoint, this fact needs to be presented and proven before the court.

You Need an Aggressive Las Vegas DUI Lawyer

If you or a loved one has been involved in a Las Vegas DUI incident, you may be entitled to compensation for injuries sustained. In the case of death, the heirs may be awarded the damages. For this purpose, it is highly recommended that you seek legal representation from a highly experienced Las Vegas DUI lawyer.

Get in touch with Dan Lovell of the Empire Law Group.

The post Pregnant Woman Killed in Alcohol Related Car Crash appeared first on Empire Law Group, Las Vegas car accident attorney Dan J. Lovell.

DUI Results in Fatality and Multiple Car Crash

It’s never a good idea to drink then drive immediately afterward. Take the case of a Las Vegas DUI incident that occurred in April 2018. A driver had two vodkas before getting into the car. Later the drunk driver was involved in a multi-vehicle accident, resulting in one death, multiple injured individuals, and several crashed cars. Based on the accounts of her arrest, she did not dispute these allegations and admitted her fault, according to an article on the Fox 5 news website.

According to Las Vegas police reports, Sarah Lee drank two vodkas at around 4:30 a.m. at Santa Fe Station. As it followed, the road accident resulted in a car crash, involving six vehicles. The multi-vehicle accident happened on the intersection of Las Vegas Boulevard and Warm Springs Road at around 10 a.m.

Lee’s Apprehension

The police report mentioned that Lee was held by a citizen after the car crash. The Las Vegas police officer who responded to the DUI scene said Lee had the smell of alcohol that early morning.

At the time of contact with the police officers, Lee did not know where she was. She appeared confused and had difficulty complying with instructions for alcohol testing after the incident. The police officers also observed that she had a hard time having her eyes open. She also complained that she was in pain. The report also mentioned Lee had minor bruises and scratches on her body.

Upon an examination on her person, the police officers noticed scarring and other marks on Lee’s arms, which is indicative of repeated needle injection. Lee, on her part, admitted she had been doing IV drug use. Two days prior to the accident, she smoked heroin. But she was on suboxone for relief from heroin cravings, she added.

One Fatality, Several Injuries, Six Cars, One Impaired Driver

Donneka Harris, of North Las Vegas, died as a consequence of the car crash incident, along with three others who were injured. According to the Clark County Coroner, Harris died due to injuries caused by multiple blunt force. She was 32.

Six vehicles were involved in the incident, which includes a black Mercedes, a red Ford, a silver Lexus, a gray Cadillac SUV, a blue Hyundai, and a Chevy Malibu.

Eyewitness’ Account

Victor Johnson was working at a nearby convenience store when the multi-vehicle crash occurred. As he ran out to help the people involved in the collision, he noticed Lee tried to run away.

Based on the report by the Nevada Highway Patrol, Lee’s Mercedes was westbound on Warm Springs Road and ran a red light at the intersection. She crashed her car against a Chevy Malibu, which was traversing on Las Vegas Boulevard’s southbound lane. The collision impacted the nearby vehicles. The driver of the Chevy Malibu was Harris who died at the scene.

Lee Could Face Severe Penalties

Under the laws of the State of Nevada, Lee could face imprisonment between 2 and 20 years in state prison with fines up to $5,000. On top of the criminal charge, a civil action for recovery of damages may also be filed against Lee. Her driving license may also be suspended or revoked.

Contact Us

If you or a loved one has been involved in a Las Vegas DUI incident, resulting in injuries or fatality, get in touch with Dan Lovell of the Empire Law Group.

The post 6 car crash, DUI results in death of woman appeared first on Empire Law Group, Las Vegas car accident attorney Dan J. Lovell.

Las Vegas Wrongful Death Attorney

When someone dies, the most unfortunate thing isn’t just limited to the death. Sometimes the living has to carry the burden of the loss of a loved one. And that’s what’s regrettable. But what’s even worse is when it’s a wrongful death.

Wrongful death brings a whole lot of distress and pain. On top of the fact of death, the loss of a loved one may mean lost support and companionship. There may also be huge amounts in unpaid medical bills and funeral costs.

But you don’t have to face this battle and suffering alone. With the help of a Las Vegas wrongful death attorney, you can reduce the anxiety and worries that resulted from the loss of a loved one.

Causes of Wrongful Death

There are wide spectrum of causes that lead to wrongful death. Among them are motor vehicle accidents. In Las Vegas, this is not uncommon. As a city with a lively nightlife, intoxicated drivers may frequent the roadways.

Big rigs and trailer trucks also frequent the State of Nevada. And it’s not uncommon to have truck drivers who may be overworked, sleep deprived, or otherwise fatigued. These factors tend to diminish their ability to operate their huge machine safely on the road. Reckless behavior from other people who we share the road with also increase the mortality risk associated with driving.

Medical malpractice is an unacceptable cause of wrongful death. We rely on doctors to make us feel better. Yet by their fault or negligence, should they cause harm or death, these doctors should be held liable.

Using a defective product may also lead to wrongful death. This is particularly common in treatment devices or medications, which are supposedly designed to help patients get better. For patients that got injured or died as a result of the defective product, the company that designed it may be held liable. Liability also attaches to persons or companies that manufactured, distributed, or sold the said product.

Lastly, workplace accidents aren’t foreign in this day and age. People get injured while performing their tasks. This is especially true in fields like construction or those involving heavy machinery or sharp tools. In these instances, the employer may be held liable if he/she failed to install measures that ensure a safe work environment.

Getting in Touch with a Las Vegas Wrongful Death Attorney

Losing someone you love is stressful enough already. Death carries much pain. But for a loved one to die under wrongful death circumstances can be distressing even more. In addition to the pain of loss, financial strain and other economic disadvantages may come into play.

Wrongful death is wrong. If you have lost a loved one under wrongful death circumstances, you have the right to institute a legal action to obtain compensation for damages. For this purpose, it is highly recommended that you speak with a Las Vegas wrongful death attorney.

Seek Legal Representation from Dan Lovell of the Empire Law Group

Need a Las Vegas wrongful death attorney? If you are looking to pursue a claim for wrongful death, contact Dan Lovell of the Empire Law Group.

The post Do You Know Someone That is a Victim of a Wrongful Death? appeared first on Empire Law Group, Las Vegas car accident attorney Dan J. Lovell.