7Sadly, there are instances in which a loved one dies because of negligence or the intentional actions of someone else. This is known as wrongful death. There are laws in Las Vegas, Nevada as well as throughout the United States that are in place to lessen the financial burden of the family of the deceased individual. In a wrongful death case, there are certain damages available to the family.
A wrongful death case is a civil action that is filed by the survivors or the estate of the individual who died due to negligence. Usually, the person who can file the suit is a family member or personal representative of the individual’s estate.
There are different categories of damages involved in a wrongful death case. The first allows for recovery of damages experienced by the deceased from the time of the act leading to the death up to the time of the person’s death. Damages that can be recovered in this category include pain and suffering, lost wages and funeral and burial expenses.
The second category of damages involves the losses suffered by the next of kin following the death of the individual. This is meant to cover any financial losses suffered by the deceased’s family that otherwise would not have been lost if not for the individual’s death. There is also a loss of consortium law in Nevada, which allows the spouse or immediately family members of the deceased to claim compensation. This occurs because they are deprived of the love and companionship of the individual they lost.
Traditionally, in a wrongful death case, people who are awarded damages include spouses, children and parents. In some circumstances, there may also be punitive damages awarded to the deceased’s family members. Those damages are awarded when it is found that the defendant acted in a very reckless manner that led to the person’s death.
If you have experienced the loss of a loved one due to someone else’s negligence or intentional actions, contact an attorney immediately. Your lawyer will help you in preparing a wrongful death suit.