The unexpected loss of a loved one is heartbreaking. It’s especially emotional when that loss occurs at the negligence of someone else. Though compensation cannot replace the loss of a loved one, you may be entitled to damages. Nevada survival action and wrongful death damages may help you recover financial losses should you file a wrongful death lawsuit.
There are two types of damages that may be recovered in Nevada: survival action damages and wrongful death damages.
In this article, we will describe the two parts of a Nevada wrongful death lawsuit. Survival actions and wrongful death are two legal remedies that may apply to your situation.
What are Survival Action Damages?
Survival action damages are compensatory damages that are intended to compensate the estate for pecuniary losses. In other words, they’re designed to reimburse the estate for financial losses suffered as a result of a wrongful death. Survival action damages can include:
- medical expenses associated with recovery from injury, if the deceased was injured prior to death (e.g., hospital bills or doctor’s fees)
- loss of earnings before death and during recovery time following death (e.g., wages lost while she was recovering in the hospital)
- loss of potential income if she would have worked longer than expected before her untimely demise (e.g., earning potential over 20 years)
What are Wrongful Death Damages?
Wrongful death is the term used to describe a civil lawsuit in which family members can sue for damages when a loved one has been killed as a result of an accident. The wrongful death claim is separate from any criminal charges that may be brought against the person responsible for causing your loved one’s death.
There are several types of damages that you can recover if you win your wrongful death claim:
- Loss of companionship
- Loss of care, loss of services and loss of inheritance (this often applies to children who have lost their parent)
- Loss of future earnings
To establish liability in such cases and win an award of damages (compensation), you must prove four elements:
- The decedent has died;
- As a result of negligence on the part of the defendant or its employees;
- You (the plaintiff) suffered losses due to that negligence; and
- Those losses were caused by that negligence.
Call Carlson & Work Wrongful Death Attorneys
The burden of proof in wrongful death cases is on the plaintiff, who must show that the defendant’s actions were a substantial factor in causing the death. Call Carlson & Work personal injury lawyers today at 775-386-2226 if your loved one has suffered at the negligence of another person or entity. You need a wrongful death attorney to assist you through the legal process and help you determine your compensation eligibility. Carlson & Work personal injury attorneys serve clients in Reno, Sparks, Carson City and greater Northern Nevada.