What Damages Can I Recover in a Wrongful Death Claim?
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.
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.