Damages Recoverable in a Wrongful Death Case
In a wrongful death case, the damages aim to provide financial compensation to the surviving family members of the deceased. These damages address the losses stemming from the loved one’s death due to someone else’s negligence or wrongful act. Below is an overview of the types of damages typically recoverable in a wrongful death claim:
Economic Damages
Economic damages cover measurable financial losses resulting from the death. These include:
- Reimbursement for medical bills incurred before the victim’s death due to the injury or wrongful act.
- Expenses for the deceased person’s funeral and burial services.
- Compensation for the income and benefits the deceased would have provided to their family over their lifetime.
- The value of tasks or services the deceased provided, such as childcare or household management.
Non-Economic Damages
Non-economic damages address the emotional and relational losses experienced by the surviving family members. These may include:
- Compensation for losing the deceased person’s guidance, companionship, and emotional support.
- Financial acknowledgment of the grief and mental anguish caused by the family member’s death.
Punitive Damages
In cases involving gross negligence or intentional wrongdoing, punitive damages may be awarded. These damages are intended to punish the responsible party and deter similar actions in the future.
Who Can File a Wrongful Death Lawsuit?
In Nevada, the right to file a wrongful death lawsuit is determined by state law and depends on the deceased person’s relationship with the claimant. The law recognizes specific categories of individuals who can pursue legal action to recover compensation for losing a loved one.
Immediate Family Members
Under Nevada wrongful death law, immediate family members are the primary individuals eligible to file a wrongful death claim. These include:
- The deceased person’s surviving spouse or domestic partner of the deceased person.
- Children or grandchildren if the deceased had no surviving spouse.
These family members have the clearest legal standing to seek compensation for losses such as medical bills, funeral expenses, lost income, and emotional distress caused by the wrongful act that led to their loved one’s death.
Extended Family Members
If no immediate family members are available, other relatives may have the right to file a wrongful death suit. This includes:
- Parents of the deceased.
- Siblings, especially if they were financially dependent on the deceased.
This ensures someone close to the deceased can hold the responsible party accountable, even without a surviving spouse or children.
Financial Dependents or Designated Beneficiaries
Individuals who were financially dependent on the deceased may also qualify to pursue a wrongful death lawsuit. Examples include:
- Domestic partners or significant others who relied on the deceased for financial support.
- Other dependents who can demonstrate a financial relationship or a written agreement with the deceased.
This provision protects those whose well-being is directly tied to the deceased person’s support.
Personal Representatives of the Estate
If surviving family members or dependents cannot or choose not to file a wrongful death lawsuit, the personal representative of the deceased person’s estate can take over. This representative handles the legal process on behalf of the estate and ensures any wrongful death settlement is distributed in accordance with Nevada law.
Causes of Wrongful Death in Henderson
In Henderson, wrongful death claims arise from a variety of situations. Below are some of the most common causes of wrongful death:
Car Accidents
Auto accidents are a leading cause of wrongful death in Henderson. These incidents often result from negligent acts such as distracted driving, speeding, or driving under the influence. Fatal injuries sustained in car accidents can lead to wrongful death cases if the responsible party’s actions caused the victim’s death.
Medical Malpractice
Medical malpractice is another frequent cause of wrongful death. Errors by healthcare professionals, such as misdiagnosis, surgical mistakes, or failure to treat an illness, can lead to fatal outcomes. Families may work with an experienced wrongful death attorney to hold negligent healthcare providers accountable.
Workplace Accidents
Workplace accidents, especially in industries like construction or manufacturing, can lead to accidental death. Faulty equipment, lack of proper safety protocols, or hazardous working conditions are common contributing factors. Surviving family members can file a wrongful death action to recover compensation for lost income and burial expenses.
Defective Products
Fatal accidents caused by defective products also fall under wrongful death cases. When a product is improperly designed, manufactured, or labeled, it can pose serious risks. In such cases, a wrongful death lawyer can assist the victim’s family in pursuing legal action against the manufacturer or distributor.
Criminal Acts
Intentional acts of violence, such as assaults or shootings, can lead to wrongful death lawsuits. While the responsible party may face a criminal case, the victim’s family can also pursue a wrongful death claim to seek financial compensation for their loss.
Nursing Home Neglect
Elderly residents in nursing homes are particularly vulnerable to neglect or abuse, which can result in wrongful death. Inadequate medical care, dehydration, or physical abuse are examples of negligent acts that may lead to a loved one’s death in these facilities.
Jeff Temple
Personal Injury Lawyer
Contact our Experienced Henderson Wrongful Death Lawyer Today
Temple Injury Law is here to provide compassionate and legal support for families to prioritize their emotional healing while leaving the legal procedures in capable hands. If you’re ready to take the first step toward justice, consult Temple Injury Law.
Our experienced wrongful death lawyers are committed to guiding you through this difficult time for your personal injury claim. Schedule a consultation today.