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Vegas Injury Law

Welcome to Vegas Lawyer. This site is for people who were hurt in Nevada. Contact us for a free consultation. You may want to read the Las Vegas Personal Injury Law introduction on our home page. Also, you can get an overview of other Nevada Legal Topics before you read the Article below.

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  • Crime Victim Causes of Action












  • Crime Victim Causes of Action

    Causes of Action

    A number of different types of civil lawsuits can be brought by victims against perpetrators depending on the facts of the case. Many of these lawsuits have direct linkage to criminal charges, and others are distinct from the criminal law. Although civil torts are not crimes, they often are closely related and typically involve the same event. A brief overview of major types of tort actions potentially available to victims is listed below. Note that each area, likethe other topics discussed in this overview, requires a much more detailed understanding than is available in this brief treatment. It is always important for the victim advocate to refer victims to competent legal counsel in the jurisdiction where the matter will be litigated, and not to second-guess or otherwise judge the merits of a lawsuit.

    WRONGFUL DEATH

    In the case of a criminal homicide, a wrongful death suit may potentially be brought in civil court. A wrongful death suit is a civil action that is brought when one person has killed another person and there is no excuse or other justification for this killing. For example, the law allows us to defend ourselves against the genuine threat of being killed. Therefore, the defense of self-defense is often used to term a homicide as a justifiable homicide.

    ASSAULT AND BATTERY

    Assault and battery are two torts which, although historically separate and distinct actions, have been merged into one civil action in many jurisdictions. Traditionally, the civil action of assault is when a perpetrator has intentionally put a victim in fear of being battered. It is important to note that this fear must be real, based on the apparent ability of the perpetrator to commit the battery. The companion tort, called battery, is an intentional, offensive, nonconsensual touching of the victim by the perpetrator. This touching is usually in the form of a severe injury.

    EMOTIONAL DISTRESS

    Claims for emotional distress are often brought by victims against their perpetrators. It is important to note that the emotional distress claim is one that is distinct from the underlying claim of, for example, assault and battery. This is important because emotional distress claims often have longer statutes of limitations during which time a lawsuit may be brought. This means that if a victim had an underlying lawsuit based upon being battered, but that time frame has passed, he or she may still be able to bring an action for the emotional distress that was the result of that underlying battery. Emotional distress may be either intentional or negligent. Intentional infliction of emotional distress occurs when the perpetrator has intentionally caused psychological harm to the victim. Often, the actions of the perpetrator must be considered extreme or outrageous and sometimes are described as "outside the bounds of common decency in normal society." The negligent infliction of emotional distress occurs under similar facts but there was no actual intention to cause the emotional distress; rather it was caused out of the negligence of the perpetrator.

    OTHER CAUSES OF ACTION

    There are several other theories of personal injury that are sometimes available to victims of crime. These include theories of parental liability where parents may be held civilly responsible for the injuries caused by their children. Negligent entrustment is when one person allows another to use some dangerous instrument when he or she should have known that the other person might cause an injury, and injury does befall the victim. Finally, civil conspiracy (also known as aiding and abetting) is a tort that is recognized in some jurisdictions. This is asituation in which persons other than the individual who actually committed the crime so substantially contributed to the perpetrator's ability to commit the crime that they should also be held somehow responsible for assisting the actual perpetrator.



    This information came from a
    US DOJ online article.

    *** Any law, statute, regulation or other precedent is subject to change at any time ***

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