James
If another individual caused the death of a loved one through his or her negligent, careless, or intentional actions, the surviving family members and the estate may be able to receive a wrongful death settlement. In Nevada, recoverable damages are divided between the heirs and the personal representative of the estate.
Henderson has a population of over 350,000, making it one of Nevada’s larger and growing cities. Located in Clark County, Henderson is part of the Las Vegas metropolitan area and includes a mix of residential communities, businesses, and major roadways.
When families suffer the loss of a loved one in Henderson, it is important to understand what losses are covered by compensation so that they can make informed decisions with their Henderson wrongful death lawyer.
Let’s dive in!
Loss of Probable Support
If the deceased gave financial assistance to relatives, then the surviving relatives can claim from the estate for the loss of such assistance. The loss of probable support is punishable under Nevada Revised Statutes § 41.085 by a court or jury.
The amount may vary based on income, age, work history, years of working, and household contributions.
Grief and Sorrow
Nevada law also allows heirs to recover pecuniary damages for their grief or sorrow. This category addresses the profound emotional impact caused by losing a close family member because of another person’s wrongful conduct.
The law does not treat every surviving relative identically. Each heir may have to establish their own damages, and the circumstances of the relationship can affect the amount awarded.
Loss of Companionship, Society, Comfort, and Consortium
The losses resulting from a wrongful death are not necessarily financial. Nevada law provides a way for heirs to recover damages for the loss of companionship, society, comfort, and consortium.
These damages acknowledge the relationship the person had with those who are still living. The spouse may be deprived of companionship and consortium and the children of the guidance, care, and presence of a parent.
Pain, Suffering, or Disfigurement of the Decedent
Additionally, NRS § 41.085 allows heirs to seek damages for the decedent’s pain, suffering, and/or disfigurement. This can be a factor in the case of a death not occurring at the time of an accident or other wrongful act.
If a person lives for days after a major accident, they will likely suffer from a great deal of physical pain prior to death. Medical records, treatment notes, and witness accounts of the person’s condition can help substantiate these losses.
Medical and Funeral Expenses
The personal representative can sue for certain types of costs. Medical costs and funeral costs are special damages under Nevada law that are recoverable.
These costs can consist of treatment received after the injury but prior to death, as well as an amount of qualifying funeral expenses. Maintaining the required records, such as the invoice, receipts, hospital records, and other paperwork, may help to prove the amount claimed.
Punitive or Exemplary Damages
In some wrongful death cases, there may be conduct so egregious that it is grounds for punitive or exemplary damages. The personal representative is subject to the same penalties as would have been available to the decedent if they were still alive, under NRS § 41.085.
The damages are not intended to be compensation for ordinary losses. This is available based on the facts and Nevada law.
Key Takeaways
- Wrongful death damages are available in Nevada for the financial and personal losses.
- Heirs can seek restitution for lack of support and family relations.
- Grief and sorrow could be considered a type of recoverable damages.
- Heirs can file a lawsuit for the decedent’s pain and suffering.
- The estate can recover any medical and funeral costs that are qualified.
- In appropriate cases, punitive or exemplary damages are available.
- Nevada wrongful death damages are outlined in NRS § 41.085.
