In October 2019 the children of Celia Luna-Delgado brought a wrongful death claim against her Las Vegas employer, Express Check Cashing. Luna-Delgado was working on January 11, 2018 when she was fatally shot during a robbery. The store did not have working surveillance cameras and did not employ security officers to protect its workers. The store owners failed to provide security while knowing similar crimes happened in the area. Luna-Delgado’s children say they have been deprived of her emotional and financial support had she lived a full life.
What is a Wrongful Death Claim?
A claim or lawsuit may not seem like how questions about a person’s death are resolved. Most people would think that’s for a criminal trial. Wrongful death is a personal injury claim for the person who died, but brought by some kind of relative. The person who caused the death may have acted intentionally or negligently.
If Luna-Delgado had survived her injuries, she would have a claim against her employer for failing to provide adequate security at her job.
Who Can Pursue the Claim?
Tragically, Luna-Delgado passed away soon after the robbery. However, that does not mean her claim goes away, too. Under Nevada law, persons who can pursue a wrongful death claim are those who are eligible to inherit from someone who died without a will. These persons are generally family members.
Here, Luna-Delgado’s children are eligible to inherit from Luna-Delgado, which includes her legal right to pursue a claim against her employer.
What Does a Wrongful Death Claim Compensate?
Luna-Delgado’s children assert they have lost the financial support of their mother after her death. Luna-Delgado was 55 years old and may have continued to work for many years.
A wrongful death claim compensates family members for loss of probable financial support. Additionally, they may receive damages for their grief, funeral costs, as well as the pain and suffering the loved one may have experienced before death.
How Long Can You Wait Until You Make the Claim?
The Nevada statute of limitations for a wrongful death claim is the same as for a personal injury claim: 2 years from the date of the loss. In this case, Luna-Delgado passed away on January 11, 2018. The statute of limitations would bar a claim after January 11, 2020. By initiating the claim in October 2019, her children have preserved their right to compensation under the law.
A loved one’s passing is a tragedy and a wrongful death claim can’t totally make up for the loss. Sam & Ash, LLP don’t want you to endure any more hardship that can be avoided. A claim can bring justice and support during this difficult time. Our team is here for you any time, so call us at 1 (800) 304-2000.