The loss of a loved one is a deeply distressing experience, especially when the negligence or wrongful actions of another cause it. In such tragic cases, families may be eligible for compensation through a wrongful death lawsuit. The average wrongful death settlement in Nevada can range widely as the unique circumstances of each situation determine the amount awarded.
If you are considering a wrongful death lawsuit, it is essential to consult with an experienced attorney to assess your specific case and understand your potential for compensation. With over 60 years of combined experience, our team at H&P Law can help you examine the factors that will determine the value of your case, such as the nature of the negligence, the severity of the victim’s injuries, and the financial losses your family has suffered. Contact a Las Vegas wrongful death lawyer from H&P Law today for a free consultation.
Wrongful Death in Nevada
In Nevada, wrongful death occurs when the intentional, reckless, or negligent actions of another person result in the loss of life. Essentially, a wrongful death claim is viable if the victim would have had grounds for a personal injury lawsuit had they survived. Many personal injury cases can lead to a potential wrongful death claim, including medical malpractice, premises liability, slip and fall accidents, car accidents, and product liability cases.
While criminal charges may be pursued in conjunction with wrongful death cases in Nevada, they are not a prerequisite. A guilty verdict in a criminal case could possibly strengthen your wrongful death claim, however. Under NRS §41.085, a representative of the deceased’s estate or their heirs may be able to seek compensation.
If you have lost a loved one due to the wrongful actions of another, consulting with a Nevada wrongful death attorney is crucial to understand your legal rights and explore the possibility of pursuing a claim. They can discuss what an average wrongful death settlement might look like for cases like yours.
Compensation for Wrongful Death Cases
In a wrongful death case, the victim’s family may be entitled to compensation for both general damages and special damages. These are both types of compensation for losses sustained by the family, but they are split into these two categories based on how these amounts are calculated. Discussing these types of compensation with a wrongful death attorney can help determine your case’s value.
Special Damages in Nevada Law
These damages are actual monetary losses the family suffers and are often calculated by tallying up bills, receipts, and other documents. Special damages, also called economic damages, are regulated under NRS §42 – Damages. These typically include compensation for losses like:
- Funeral and burial expenses: Costs associated with the decedent’s final arrangements.
- Medical expenses: Costs incurred for treatment of the decedent’s injuries prior to their death.
- Property damage: Expenses related to damage to the decedent’s property or vehicles.
- Lost wages and benefits: Compensation for the decedent’s lost income and benefits, including future earnings.
General Damages in Nevada Law
These damages are less easily quantified by a dollar amount and typically require the help of a lawyer to calculate. General damages are also called non-economic damages or referred to as pain and suffering losses because of what they represent. These damages can include compensation for losses such as:
- Pain and suffering: Compensation for the physical and emotional pain experienced by the decedent before their death.
- Loss of consortium: Compensation for the loss of companionship, love, affection, and support from the deceased.
- Emotional distress: Damages for the emotional trauma suffered by the surviving family members.
Nevada Punitive Damages
With Nevada wrongful death claims, some families may also be able to receive punitive damages. Punitive damages are a type of monetary award intended to punish the defendant for their egregious misconduct and deter similar behavior in the future. Unlike compensatory damages, which are meant to reimburse the plaintiff for their losses, punitive damages are intended to punish the defendant.
To recover punitive damages, the plaintiff must prove that the defendant’s conduct was willful or malicious, oppressive, or fraudulent. If the plaintiff can prove that the defendant’s conduct meets one of these criteria, the jury may award punitive damages. However, the average wrongful death settlement will depend on the specific circumstances of the case and the severity of the defendant’s misconduct.
Why You Need Help from the Wrongful Death Lawyers at H&P Law
Understanding the complexities of a wrongful death lawsuit can be overwhelming, especially during such a difficult time. Our wrongful death attorneys offer compassionate support and aggressive representation, allowing you to focus on healing. We will handle all aspects of your case, including investigation, evidence gathering, and strategic planning.
We will provide clear guidance on your options, potential challenges from the opposing party, and the value of your claim. Insurance companies and at-fault parties may employ tactics to delay, deny, or minimize compensation. Our experienced attorneys are prepared to counter these tactics and ensure you receive fair compensation.
As part of your case, we will establish the elements of negligence under Nevada law. The team at H&P Law will meticulously handle all necessary documentation and deadlines to safeguard your claim. And, if a settlement through insurance cannot be negotiated, we will represent you in court and pursue justice on your behalf.
Do Not Delay Filing Your Wrongful Death Claim
Nevada has a two-year statute of limitations under NRS §11.190. This means that you must file your wrongful death claim within that time period to avoid losing your right to pursue justice. Some exceptions may apply, so be sure to discuss your case with an attorney to see if you still have a chance for a wrongful death settlement in Nevada.
Contact H&P Law for Help Calculating Your Possible Wrongful Death Settlement
Average wrongful death settlements in Nevada can vary widely based on various factors. Contact our team to review your case’s details and determine your possible settlement value. We can set up a free case consultation to get started today.
