How is the award determined in the case of a successful wrongful death lawsuit in Nevada?
It is understandable to be concerned about your financial livelihood after the unexpected death of a loved one and a wrongful death lawyer Las Vegas, NV trusts can help guide you through this time of uncertainty. In the situation of a wrongful death, the grieving is never truly over, but the next of kin and loved ones of the victim must continue their lives. Even with retirement funds that might be saved and insurance payouts, this can be a difficult task from a financial perspective, especially when the victim is the breadwinner of the family.
What is Wrongful Death?
Wrongful death is a claim that is made against another party (person or legal entity) who is alleged to be responsible for the death of someone either through malice or negligence. Wrongful death claims can be brought about usually by close relatives, in a civil action seeking compensation for related damages.
When Can a Wrongful Death Claim Not be Filed?
A wrongful death claim will not likely be represented by a wrongful death lawyer in Las Vegas, NV if any of the following can be proven true:
· You are not a parent, spouse, descendent, personal representative of the deceased’s estate, or a dependent beneficiary recognized by Nevada.
· The claim is made beyond the two year statute-of-limitations period.
· The person who died was engaged in an unlawful activity at the time the death occurred and the claim is against a law enforcement officer or employee of Nevada or any of its agencies and the death was not intentional or resulting from deprivation of rights.
· The person who died was committing burglary, was in the process of invading the home, or engaged in grand larceny of a motor vehicle with the use of (or threatened use of) a deadly weapon and authorities determined the use of deadly force was justified.
How are damages determined?
Assuming none of the above conditions is proven to be true, the factors that are considered by a wrongful death lawyer Las Vegas, NV clients choose to represent them are similar to those incurred in a personal injury claim. This often includes economic damages, non-economic damages, and punitive damages.
- Economic damages are quantifiable costs associated with the wrongful death. They include the costs associated with the following:
- The medical costs that the deceased victim incurred due to the injury prior to death.
- Funeral and burial costs.
- Loss of the deceased person’s expected income.
- Loss of any inheritance as a result of the death.
- Value of the services that the deceased would have provided.
- Non-economic damages, or pain-and-suffering damages are less quantifiable and very complex. Insurance companies rely on a system in which the extent of all the variables associated with the below considerations are plugged in and out spits a dollar amount.
- The deceased’s pre-death pain and suffering (a great deal of variables are associated with pain and suffering alone, such as hospitalization, medication, treatment, etc.).
- Loss of care, guidance, and nurturing that the deceased would have provided.
- Loss of love and companionship.
- Loss of consortium.
In contrast, a wrongful death lawyer Las Vegas, NV trusts does not consider people simply as numbers the way insurance companies do. To ensure their clients are compensated fairly, your Las Vegas wrongful death lawyer will typically apply a multiplier to the economic damages based on multiples (usually from one to 10) used in similar situations, considering all the evidence of the case.
Punitive damages may be available in some wrongful death claims, but only to penalize particularly bad or reckless behavior to “send a message” that it will not be tolerated, especially when it results in death.
All damages discussed above must be supported by objective evidence. A wrongful death lawyer Las Vegas, NV survivors retain should rely on the advice of economists and other expert witnesses to determine a damages total.
If you believe you may have a wrongful death claim, call Nadia von Magdenko, Esq., the wrongful death lawyer Las Vegas, NV trusts at 702-385-1600 for a free consultation.