The loss of a loved one to a wrongful death is devastating. If you are forced to deal with the wrongful death of a loved one, it is important to understand your rights. Wrongful death is described as a fatality resulting from the negligence, recklessness, or deliberate and malicious behavior of another. A wrongful death claim is a personal injury claim that a family member may pursue on behalf of their deceased loved one. Common causes of wrongful death include, but are not limited to:
- Motor Vehicle Accidents
- Slip/Trip Injuries
- Medical Malpractice
- Workplace Injuries
Along with pursuing the claim on behalf of their loved one, a family member may in some instances pursue compensation for their own claim of loss of consortium for their loss of companion, financial support, etc. Nevada Law (NRS 41.085) states as follows:
1. As used in this section, “heir” means a person who, under the laws of this State, would be entitled to succeed to the separate property of the decedent if the decedent had died intestate. The term does not include a person who is deemed to be a killer of the decedent pursuant to chapter 41B of NRS, and such a person shall be deemed to have predeceased the decedent as set forth in NRS 41B.330.
2. When the death of any person, whether or not a minor, is caused by the wrongful act or neglect of another, the heirs of the decedent and the personal representatives of the decedent may each maintain an action for damages against the person who caused the death, or if the wrongdoer is dead, against the wrongdoer’s personal representatives, whether the wrongdoer died before or after the death of the person injured by the wrongdoer. If any other person is responsible for the wrongful act or neglect, or if the wrongdoer is employed by another person who is responsible for the wrongdoer’s conduct, the action may be maintained against that other person, or if the other person is dead, against the other person’s personal representatives.
3. An action brought by the heirs of a decedent pursuant to subsection 2 and the cause of action of that decedent brought or maintained by the decedent’s personal representatives which arose out of the same wrongful act or neglect may be joined.
4. The heirs may prove their respective damages in the action brought pursuant to subsection 2 and the court or jury may award each person pecuniary damages for the person’s grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are not liable for any debt of the decedent.
5. The damages recoverable by the personal representatives of a decedent on behalf of the decedent’s estate include:
(a) Any special damages, such as medical expenses, which the decedent incurred or sustained before the decedent’s death, and funeral expenses; and
(b) Any penalties, including, but not limited to, exemplary or punitive damages, that the decedent would have recovered if the decedent had lived, but do not include damages for pain, suffering or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are liable for the debts of the decedent unless exempted by law.
If you are dealing with the loss of a loved one that resulted from the negligence or misconduct of another, allow Jennifer Gastelum Law to fight for justice for you and your loved one.
As with all personal injury cases, you do not pay us unless we win. Call us today for a free consultation.