What is a Nevada wrongful death claim?
A wrongful death happens when a person's death is caused by the negligent or intentional misconduct of another person, company, or other entity. Wrongful deaths can be cause by Las Vegas automobile accidents, medical malpractice, construction accidents, dangerous products, dangerous conditions on property, and many other situations. A Las Vegas wrongful death claim would fall under Nevada's wrongful death statute. This provides a way for the Nevada wrongful death victim's survivors to be compensated for the financial and emotional losses they have suffered when a loved one was killed in Nevada. Until Nevada enacted a wrongful death law, it was hard for the victim's family to get compensation. This could place the family under a financial strain at the same time they were enduring the grief of losing a loved one. This need to establish a legal right to compensation may have prompted Nevada lawmakers to create the Nevada Wrongful Death statute. An important part of a Nevada wrongful death claim is the ability to hold the person or company responsible for the misconduct which caused the person the be killed by accident or on purpose in Nevada. If you have any questions about a Nevada wrongful death claim, a Las Vegas Wrongful Death Lawyer can explain the different aspects of a wrongful death lawsuit under Nevada law.
Read more about Negligence on our Vegas Injury Law site.
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What types of compensation are available?
Under the Nevada Wrongful Death Statute, the deceased's heirs could have a right to receive compensation in the form of money damages for their loss of companionship, loss of society, loss of probable support - grief - or sorrow, loss of comfort, loss of consortium, as well as damages for pain, suffering or disfigurement of the decedent. In addition, the damages recoverable by the personal representatives of a decedent's estate can include special damages (such as the deceased's medical expenses), which were sustained or incurred before death, as well as funeral expenses, and exemplary or punitive damages, that the wrongful death victim would have recovered if he or she had lived, but do not include damages for pain, suffering or disfigurement of the decedent. These are they damages which may be available in a wrongful death case in Nevada. These different types of damages may not be the same under the law of other states, so you may need to consult a local personal injury attorney if you do not live in Nevada.
loss of society
loss of probable support - grief - or sorrow
loss of companionship
loss of comfort
loss of consortium
pain and suffering
disfigurement of the decedent
Read more about Damages
Some of the basic damages available to a Nevada Wrongful Death victim's survivors may include the following:
on our Vegas Lawyer
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Is grief counseling important?
It is very hard to deal with the loss of a loved one. There are grief support resources available in your area, on the internet and in books and tapes. Monitor yourself and other family members closely to see if one-on-one grief counseling may be needed to facilitate the grieving process. Every person deals with grief differently, but most people can benefit from grief support resources. It is particularly important to watch out for the early signs of depression so you can get help for yourself or a family member. Some basic Grief Support resources are included here. These resources are excerpts from a site we sponsor (grieve.info) which provides links to grief support resources. Importantly, books, tapes or online resources should not be used as a substitute for professional counseling. We hope that these resources are helpful in your time of need.
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What factors are considered?
The settlement amount or jury trial award can vary in a Las Vegas wrongful death claim, due to certain factors surrounding the death like the following:
- whether or not the wrongful death survivors depended on financial support from the victim's future earnings;
- the extent of any non-economic losses to the survivors like the loss of enjoyment of living - loss of companionship - loss of consortium;
- the medical costs;
- funeral costs;
- the pain and suffering experienced;
- if there was any extreme negligence, recklessness or indifference on the part of the defendants.
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Is financial hardship a common problem?
Financial hardship is a common problem which Nevada families may be forced to endure after the death of a family member. In a Nevada wrongful death case, there are often many bills to pay like ambulance bills, hospital bills, doctor bills, funeral costs and many other expenses resulting from the Nevada wrongful death. The family is often unable to meet these large bills and their every day expenses because they depended on the deceased family member's present and future income for their support and livelihood. This unexpected loss of income can devastate the Nevada wrongful death victim's family at a time when they should be focused on working through the grieving process. Important financial goals (like sending a child to college) cannot be met due to the loss of the victim's present and future earnings. Sadly, they may have to move into a smaller and more affordable home. A Las Vegas Wrongful Death Lawyer may be able to obtain compensation for survivors of the wrongful death victim. There are many forms of compensation which may be available to the survivors of a Nevada wrongful death victim. A Las Vegas Wrongful Death Attorney can evaluate your wrongful death accident claim to determine if you are entitled to compensation for medical expenses - expenses related to the death (such as funeral expenses) - damages for pain and suffering - present and future anticipated income of the deceased - damages for emotional losses (like the care, comfort, society and companionship losses the survivors typically endure).
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Should I contact an attorney?
It is your choice to determine when you are ready to contact a Las Vegas Wrongful Death Lawyer. You may be thinking that it is inappropriate to contact a lawyer too soon after the death, because of what other people might think or say. On the other hand, getting a Las Vegas Wrongful Death Attorney involved early in the process can be important for the following reasons:
- An attorney can help determine if you have a viable claim.
- A lawyer can help make sure that no important deadlines for filing are missed.
- An attorney can deal with complex legal issues involving probate law, insurance law, contract law and tort law.
- A lawyer can make sure that the claim is moving forward at a time when you may need to focus on helping yourself and your family work through the emotional loss.
- An attorney can take steps to preserve evidence and testimony which might be lost if too much time has passed.
The best advice is not to sacrifice the value of your case and your legal rights to a concern that others may think you have hired an attorney too quickly. The focus of your concern should be on getting better - protecting your right to compensation - and getting the compensation and justice you deserve as a survivor of someone who was wrongfully killed.
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