If a loved one has been killed by someone else’s reckless, negligent, or even intentional actions, you may be wondering if there is something you can do to recover monetary damages from the individual. While monetary compensation will not bring back the deceased, or right the wrong that has occurred, it can assist survivors with various expenses that may have arisen due to the individual’s death.
In Nevada, a wrongful death suit is brought in civil court and is considered to be a civil law remedy. This means that you can bring a wrongful death suit against someone who intentionally killed a loved one, even if they are already facing criminal charges.
Who Can File a Wrongful Death Claim in Nevada?
Because the wrongful death claim is being brought on behalf of the deceased individual, there are certain parties that are allowed to bring the claim.
- The personal representative of the deceased individual’s estate;
- A surviving spouse or domestic partner;
- Surviving children of the deceased individual;
- The deceased person’s parents, but only if there is no surviving spouse or children
While these requirements are quite rigid, another individual may be able to file the claim if that person can demonstrate that they were actually dependent on the person who is now deceased. Examples of this includes stepchildren who were relying on the deceased person for support.
Monetary Compensation Available in Wrongful Death Suits
Nevada law dictates what types of monetary compensation may be awarded in wrongful death claims. They are considered either special damages or penalties.
- Burial expenses
- Medical expenses resulting from the deceased person’s final illness or injury
- Property damage
- Lost wages and benefits
- Loss of companionship
- Loss of care
- Loss of benefits to heirs
Penalties, or punitive damages, may also be available. However, these damages are awarded as a way of punishing egregious conduct, such as conduct that was intentional or reckless. Punitive damages are rare.
Get a Free Consultation
Our Las Vegas personal injury attorneys at Bertoldo, Baker, Carter and Smith are experienced in handling wrongful death claims. We approach each case with compassion and professionalism. Our goal is to uphold your rights, while trying to help you to recover and heal from the terrible ordeal through which you’ve been put.