What Damages Can I Recover in a Wrongful Death Claim?

Losing a loved one because of old age or illness can be a challenging experience. However, losing a loved one due to the wrongful actions of another can not only be unbearable and traumatizing, but this death can forever impact your life and the life of your family. This untimely death has been known to not only cause significant psychological effects, but the financial repercussions that can result can be extensive and permanently set your family back.

However, if you lost a family member because of someone else’s negligence, you should not have to endure these consequences alone. Rather, you need experienced legal help on your side, fighting for the compensation you deserve. That is why in this blog post, we will dive into detail about everything you need to know about a wrongful death claim, including information about the types of damages you can recover, the state’s regulations regarding wrongful death claims, and how an experienced wrongful death attorney can get you the compensation you need.

Wrongful Death Lawsuits

In Nevada, a wrongful death claim can be brought when a person is killed or dies because of another individual’s wrongdoings. As a result of this death, the surviving family members or the decedent’s estate executors can bring a claim for money damages.

However, one other important aspect to point out about these cases is that a wrongful death action is a civil action rather than a criminal one. This means that the person responsible for the death is not facing incarceration as a consequence, but rather, the decedent’s family is seeking compensation for their losses and pain and suffering.

Time Limitations and Wrongful Death Claims

The statute of limitations is a law that mandates the amount of time a party has to bring a claim following an alleged offense. If these individuals do not file their case within that allotted time, they can be barred from pursuing legal action or collecting money damages for their losses.

In Nevada, survivors only have two years to file a wrongful death case following the death of their family member. That is why it is best not to wait too long to pursue legal action following this tragic ordeal. Instead, you should reach out to an experienced wrongful death attorney as soon as possible. These lawyers can verify not only the maximum amount of time you have to file a claim but they can also ensure that your legal motions are prepared correctly and filed before time runs out.

Who is Eligible to File a Wrongful Death Lawsuit?

In Nevada, the only parties who are allowed to bring a wrongful death action include:

  • The decedent’s surviving family or
  • The personal representative of the decedent’s estate

As a result, if a married individual is killed in an accident, their surviving spouse, domestic partner, or children would be the heirs. If the individual died unmarried and childless, then their heirs would include:

  • Their parents
  • Their siblings
  • The closest surviving family member, who is not a sibling or a parent

What Damages are Available in a Wrongful Death Claim?

Wrongful death claims are considered to be one of the most serious types of claims in Nevada. This means they typically yield large settlements and jury awards, which tend to include the following damages:

Personal Representative Damages

If the personal representative of the deceased files a wrongful death lawsuit, the estate can be awarded the following damages:

  • Reasonable burial expenses
  • Reasonable funeral expenses
  • Medical bills resulting from the decedent’s final injuries or illness

In addition, punitive damages that the deceased could have received had they not died may also be available. However, unlike the other damages, which are meant to compensate the victim for their losses, punitive damages are intended to punish the wrongdoer for their egregious actions and deter similar types of behavior. As a result, these damages are only awarded under certain circumstances and not in every wrongful death claim.

Surviving Family Member Damages

If the deceased’s family members file a wrongful death lawsuit, they can recover the following types of compensation:

  • Lost benefits and wages the deceased could have expected to earn had they lived
  • Loss of comfort, care, companionship, and affection of the deceased
  • Survivor’s sorrow and grief
  • Any suffering, pain, or disfigurement the deceased experienced before their death

Get the Compensation Your Family Needs, Retain an Experienced Wrongful Death Attorney Today

Even though no amount of money will ever help you get over the shock, hurt, and anger of losing your loved one, obtaining compensation for your losses can help you start rebuilding your life after this tragedy. Many times, this financial recovery can not only help you pay for the expenses that resulted from your loved one’s passing, but it can also help your family, so they are not struggling financially as a result of this death.

In the midst of such a challenging time, understanding the intricacies of a wrongful death claim in Nevada can be overwhelming. It’s essential to be aware of the different aspects, such as the distinction between wrongful death lawsuits and the significance of maximizing medical recovery. Being informed can empower you to make the best decisions for your family’s future.

Better yet, with an experienced wrongful death lawyer on your side, you will not have to fight for these damages alone. Instead, once retained, these skilled attorneys can:

  • Go over the accident that took your family member’s life, determine if you have a viable claim, and help you figure out what legal options you can pursue.
  • Investigate the wrongful death accident and obtain the evidence needed to prove fault and damages.
  • Bring in experts such as accident reconstructionists, engineers, and doctors to substantiate your claim.
  • Take on all the discussions and negotiations with the other side, including the insurance company, and fight for a just settlement.
  • Head to trial if the other side is unwilling to negotiate and go after maximum damages.

If you lost a loved one because of another person’s intentional, reckless, or negligent actions, it is time to fight back and go after the justice and damages your family deserves. That is why contact Gina Corena & Associates today for a free case evaluation, and let us show you how our firm can help.

As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.

  • This was my first time using a lawyer, which I needed due a major car accident. They made everything simple and stress free, and I couldn’t be happier with the attentive care I received from everyone at the law office. Gresia was fantastic, and kept in touch regularly. She was professional, knowledgeable, and very kind. I would recommend them to anyone.

    - Deb Compton

  • Gina and her crew are truly amazing. They exceeded my expectations. They kept in contact with me throughout the whole time and any questions I did have They would take the time and explain everything so I would know what to expect. I would highly recommend them at any time.

    - Chris S

  • Thank you very much for the services everyone answered every single one of my calls and this firm took care of me from start to finish. Thank you so much Gina for taking on my case and assisting me I will recommend you to everyone.

    - Sayra Sánchez

  • I rarely do reviews but I want to share what an outstanding team Gina Corena has. Mahna Pourshaban did such an awesome job In helping us get our settlement, she has treated us like family since day 1 that we met her.. Me and my family want to tell u guys thank u from the bottom of our hearts.

    - The LOPEZ Family

  • Working with Gina was An amazing feeling as the client to know that my case is being handled professionally and to the best it can be ! Knowing that Gina can handle it gave me confidence and peace, 100 percent recommend Gina and her associates team !

    - Jonathan Rodriguez

  • GINA CORENA is the best attorney indeed! Thank you to her amazing team the attention to detail I received was incredible. 100% recommend to everyone!

    - Clara Maria

  • My experience with Gina Corena’s office was amazing. They were all professional and were easy to reach out to during my whole case. I’d recommend their services 10/10!!

    - Mark Surban

  • I'm really satisfied with the work these ladies provide. They’re Super reliable and Professional, Alexandra was the one that helped me with my case and she’s super nice and sweet. She made sure I was aware about all the updates with my case. Overall the work they provide to the citizens of Las Vegas is top notch. Thank you Gina Corena and associates.

    - Gil Axel

  • This is the best company I have dealt with hands down. I am super thankful with them for all the work they did on behalf of my case. The process was rather simple and very well explained from start to finish. Thank you so much Gina Corena &. Associates. Thank you Kim for assisting in my case.

    - Raidel Echavarria

  • I received nothing but top notch service from this firm not once but twice please keep up the outstanding job customer service is very important to me and your firm went above and beyond again THANK YOU

    - Freda Smith

  • Such a great law firm. This was my first time having to get a lawyer due to an auto accident and they explained all the ins and outs of my case and the process. I will definitively keep them in mind again for the future.

    -Alyssa Ortega

  • If I can give Gina’s firm 10 stars I would. They have the best customer service & most knowledgeable staff I’ve ever come across. The office is always clean and it has a lovely and positive vibe. Thank you to this amazing firm to make my experience fast and easy for me. Gina definitely knows how to care of her clients and treated me like family. I will recommended to my friends and family.

    -Cony Jordan


CALL US 24/7

Schedule A Free
Injury Consultation Below

    By contacting Gina Corena & Associates, you agree to receive emails, text messages, and phone calls regarding your legal inquiry, which may be considered advertising material.