A wrongful death occurs when a negligent act of another person directly results in the loss of life.
The shocking and untimely demise of a loved one is hard to come to terms with. It could be even more devastating if the negligence or recklessness of another person caused the death.
Wrongful Death In Nevada
Nevada State Law (NRS 41.085) defines wrongful death as “when the death of any person, whether or not a minor, is caused by the wrongful act or neglect of another, the heirs of the decedent and the personal representatives of the decedent may each maintain an action for damages against the person who caused the death.”
The Nevada legislature has passed the wrongful death statute to compensate immediate family members for specific losses resulting from the death of a close relative and to provide financial assistance to widows and orphans of people killed by a wrongdoer’s actions.
A civil lawsuit is brought to compensate the grieving family for economic and non-economic losses. It is important to remember that criminal charges against the party causing the wrongful death are separate from civil actions for wrongful death.
Proving Liability In A Las Vegas Wrongful Death Claim
As a wrongful death claim is a civil case, the burden of proof is a ‘preponderance of the evidence .’This means that the plaintiffs (usually close relatives through the estate of the decedent) have to prove that, more likely than not, the defendant was negligent in his actions.
This is far less to prove than the burden of proof required in criminal courts, which is ‘beyond a reasonable doubt’.
The plaintiff must establish the following four elements to prove the wrongful death claim:
- A person died (called the “decedent”),
- This death was caused by another person’s wrongful act or negligence, carelessness,
- The plaintiff is an heir or personal representative of the decedent, and
- The plaintiff suffered monetary damages as a result of the death.
In a successful wrongful death lawsuit, the Court orders the defendant to pay financial compensation (damages) to the decedent’s survivors.
In a successful criminal homicide case, the accused is convicted and sentenced to imprisonment and may be fined by the State.
The Cause Of Action Survives
Under Nevada laws, a personal injury action survives to and in favor of the heirs, legal representatives, and estate of the decedent. The action also survives against the liable person and the person’s legal representatives. If a defendant dies while an action is pending, the executor or administrator of his or her estate may be made defendant.
Who Has The Right To File A Wrongful Death Lawsuit In Nevada?
In Nevada, an action to recover damages is provided for the exclusive benefit of the surviving spouse, children, and parents of the decedent.
Fiancés, foster children, unadopted stepchildren, and unmarried partners cannot file wrongful death suits even if they are beneficiaries under the decedent’s will.
Suppose none of the individuals entitled to bring action have begun the action after the death of the injured individual. In that case, his or her executor or administrator can bring and prosecute action unless requested not to by all those individuals entitled to bring the action. The proceeds received in the form of damages still go to the decedent’s heirs.
Nevada Wrongful Death Statute Of Limitations
Nevada statute of Limitations for filing a wrongful death lawsuit is two years after the injured person’s death.
If you and your family have suddenly lost a loved member in Las Vegas, Henderson, or North Las Vegas, contact a Wrongful Death Attorney at Pacific West Injury Law to learn more about your rights and the steps you need to take in the future. If you and your family wait any longer, crucial evidence will likely be destroyed or tampered with.
Compensation For The Family Of A Victim Of Wrongful Death In Nevada
A decedent’s family may be entitled to recover for:
Economic Damages
- Medical costs that the decedent incurred as a result of the injuries before death.
- Loss of the decedent’s expected income.
- Funeral and burial costs.
- Loss of inheritance as a result of death.
- Value of services that the decedent would have provided.
Non-Economic Damages
- Damages for surviving spouse’s lost companionship and protection.
- Damages for pain and suffering.
- Damages for loss of consortium.
- Damages for loss of care, guidance, and nurturing that the decedent would have provided to their family.
- Damages for minor children’s lost parental companionship, instruction, and guidance.
Exemplary Damages
These damages do not compensate for any losses. Exemplary damages, also known as punitive damages, may be available in a Nevada wrongful death claim if the death resulted from a ‘wilful act or omission or gross negligence’.
These damages punish the wrongdoer and deter others from engaging in similar conduct by committing reckless actions through malice.
Contact A Las Vegas Wrongful Death Lawyer
If you have lost a family member or loved one due to the careless, negligent or criminal act of another person in Las Vegas, Henderson, or North Las Vegas, you deserve to be compensated for your irreplaceable loss. Call an experienced Las Vegas wrongful death lawyer at Pacific West Injury Law for a free case evaluation.
Someone could owe your family significant financial compensation.
