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In Nevada, wrongful death claims are brought under a specific Nevada law or statute, NRS 41.085.
This law identifies several factors that must be proven before the company or person who caused the death can be held liable. One of the factors when determining if a wrongful death case should be pursued is that the person or company that caused the death did so wrongfully or negligently.
How this is proven is unique to each case. However, the types of evidence used in wrongful death cases are very similar from case to case and include:
- Photos
- Videos
- Experts
- Doctors
- Other witnesses
How Does a Wrongful Death Lawsuit Result in a Claim?
Situations That Typically Give Rise to a Wrongful Death Claim
While there are a virtually endless number of situations that can lead to a wrongful death claim, some are more common than others. The following is a list of occurrences that, from our experience, commonly lead to wrongful death claims:
- Pedestrian Accidents
- Construction Accidents
- Defective Products
- Defective medications
- Medical Malpractice
If one of these types of incidents leads to the death of someone you care for, you likely have questions.
Feel free to contact us with your questions and one of our attorneys will sit down with you to fully discuss your claim and what comes next.
Under Nevada law, when a person or company wrongfully causes someone’s death, the family of the victim as well as the deceased person’s estate may pursue a settlement claim for compensation.
Most often, it is the deceased person’s spouse and/or children who bring a claim. However, the parents, siblings, or other closest living relatives may also be able to bring a wrongful death claim.
Unfortunately, while they may experience the loss just as sharply, neither the friends nor significant others of the deceased may bring a wrongful death claim. As a result, even a long-term boyfriend, long-term girlfriend, or fiancé can bring a claim.
Who Can Make a Claim for Wrongful Death?
Types of Compensation Typically Awarded in Wrongful Death Settlement Claims
As the state bar of Nevada illustrates, the types of compensation that can be recovered by the family of the victim and by the estate of the victim are different.
The family of the victim that can make a claim, usually the spouse and the surviving children, can recover compensation for specific types of damages that are listed by the applicable Nevada law. They are:
- Grief or sorrow
- Loss of probable support
- Loss of Companionship
- Loss of Society
- Loss of Comfort and Consortium
- Damages for pain, suffering, or disfigurement of the decedent (the victim)
A Loss of Consortium claim is unique to the spouse of the deceased.
Loss of emotional support, companionship, and intimacy all fall under this category and can be claimed as well as any expenses for household services that the loved one would normally take care of himself or herself.
As it does for the victim’s family, the applicable Nevada law also identifies the types of damages that can be recovered by the victim’s estate.
Family members cannot recover these through their individual claims. So, if it has not already been done, an estate will need to be set up before a claim for these damages can be pursued.
Once the estate has been set up and a representative appointed, usually a family member or a licensed attorney, the estate can pursue a claim for certain expenses. The expenses a victims estate can pursue wrongful death in Nevada include:
- Certain medical expenses incurred by the victim before they passed,
- Costs and expenses associated with the victim’s funeral, and
- The estate may also recover certain penalties, including, but not limited to, exemplary or punitive damages, that the decedent would have recovered if the decedent had lived.
The team at SJW considers themselves part of the Las Vegas community. If you have questions related to a wrongful death-related incident that occurred in Las Vegas, feel free to call or come by our office.
Even if you’re not actively searching for a “wrongful death lawyer las vegas,” or don’t need an attorney at this time, the team here at SJW is happy to answer any questions you may have.