Losing someone you love is always difficult. When someone you love is killed by the negligence of another, the emotional impact can be overwhelming. While dealing with the grief of your loss you can also feel a strong desire to hold the responsible person or entity accountable. This is exactly what wrongful death suits are meant to address.
What is a Wrongful Death Suit?
The Las Vegas Sun reports that in 2014, there were 284 people killed in Nevada traffic accidents, meaning that there are thousands of family members who have suffered these sorts of losses just this past year. However, under the common law, the set of laws the American colonies inherited from England, there was no such thing as a wrongful death suit. If a person died as a result of the negligence of another, the dead person’s family could not sue the person at fault. To solve this problem the various states have enacted wrongful death statutes. In Nevada, the statute addressing wrongful death actions is NRS 41.085. If the death of a person is caused by the wrongful act or negligence of another, the allow provides that the the deceased’s heirs and personal representatives can sue the person who caused the death for monetary damages. If the wrongdoer who caused the death is dead, then the deceased’s heirs can sue the wrongdoer’s personal representatives.
What Sort of Damages Are Allowed in a Nevada Wrongful Death Suit?
When you lose a loved one, you suffer a whole host of different losses. While not all of these losses are financial, you can still receive financial compensation for some of your non-financial damages. When the heirs sue a wrongdoer, each heir can recover for:
- Grief and sorrow;
- Loss of probable support;
- Lost companionship, comfort, and consortium;
- Pain and suffering; and
- Losses related to the disfigurement of the deceased.
The personal representatives of the deceased can recover different damages. These people can recover any special damages, like medical expenses and funeral expenses. The representative can also recover any punitive damages the deceased would have been entitled to if he or she had survived the wrongful act and had sued him or herself.
Will a Wrongful Death Recovery Become Part of the Estate?
There is an important difference worth nothing between these two groups of recoveries. The recovery by the heirs for their own losses caused by the death belongs to those heirs personally. Here, this recovery will not be used to satisfy any debts of the deceased. The damages awarded to the personal representatives, however, become part of the estate, so if the deceased has any outstanding debts those funds may be used to pay off those debts.
Call Naqvi Injury Law
When someone you love is killed by someone else’s negligence, you need an attorney on your side to fight for you. Contact the experienced Las Vegas wrongful death attorneys at Naqvi Injury Law if you need help filing a wrongful death action, or have question about your options. Call us today at (702)553-1000 and we will schedule a free consultation.