A wrongful death claim arises when a person is killed because of another’s negligence or recklessness.
These types of claims are designed to compensate family members or other loved ones who often depended on the support and companionship of the deceased victim.
What is a Wrongful Death Claim?
Wrongful death claims are a part of civil litigation and must be filed in a court directly by a personal representative of the surviving family members or the deceased’s estate, such as a wrongful death attorney.
These claims are filed solely to seek monetary compensation for loss of life and do not involve criminal prosecution. However, wrongful death claims can still be filed in Nevada even if a criminal case involving the victim’s death is currently in progress.
Can I File a Wrongful Death Claim?
The following parties are legally allowed to bring a wrongful death claim in Nevada:
- A personal representative of the deceased’s estate
- The surviving spouse or domestic partner
- The deceased’s children
- Parents of the deceased person (if there is no surviving spouse or children)
Others may be allowed to file a claim if they are able to prove to the court they were dependent on the deceased at the time of his or her death.
These individuals may include stepchildren, stepparents, or a child unrelated to the deceased who was supported by him or her for at least six months out of the year.
It is important that you act quickly though, as Nevada has as two-year statute of limitations on filing wrongful death claims.
How can I be Compensated for a Wrongful Death Claim?
Damages for a Nevada wrongful death claim include special damages and penalties.
Special damages are those that are suffered by the deceased person, his or her estate, or the surviving family members or dependents. These include losses such as:
- Funeral and burial expenses
- Medical expenses related to the deceased’s fatal illness or injury
- Lost wages and benefits the deceased would have been expected to earn if he or she was still alive
- Loss of companionship, care and affection of the deceased person
- Loss of benefits to the deceased’s heirs or dependents
Punitive damages may also be awarded in wrongful death claims in instances in which the defendant acted maliciously or extremely reckless.
These are rare forms of damages that are meant to penalize or punish the at-fault party rather than a compensatory award for the plaintiff.
Punitive damages in Nevada are limited and have certain conditions that a claim must meet for this possibility to be considered, which we can help you determine if your claim qualifies.
Contact a Las Vegas Wrongful Death Attorney
If you have lost someone you love because of another’s negligence, you may have legal options to provide monetary relief during this difficult time.
For the more than 20 years, Henness & Haight has helped families who are grieving over the untimely passing of a loved one seek justice and compensation for their loss.
As experienced wrongful death attorneys, we understand that no amount of compensation can truly replace the loss and pain, and suffering you are experiencing. However, we can provide you with a means to relieve some of the financial burdens left by the loss of your loved one.
We offer free initial consultations that come with no obligation of hiring our firm. We will not charge you anything unless we recover damages from the at-fault party. Contact us for professional legal help in filing a claim.