
A wrongful death lawsuit seeks compensation for surviving family members in both financial and emotional losses because of the sudden death of a loved one. Conversely, civil lawsuits, as opposed to criminal cases, seek monetary compensation and not criminal penalties. This enables the families to pursue justice regardless of whether the responsible party is being or has been criminally charged.
Any act or omission that amounts to negligence, recklessness, or intentional harm may be the origin of a wrongful death claim. Examples include traffic collisions causing death, medical malpractice, defective products, and workplace accidents. If you have lost a loved one due to someone else’s actions, a Reno wrongful death lawyer can help you seek justice and compensation.
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Not everyone who was affected by a person’s death has legal standing to file a wrongful death claim. Nevada’s statute allows any heir of a deceased or personal representative of a decedent’s estate to bring a wrongful death action.
Nevada Revised Statutes Section 41.085 defines heirs as spouses, children, parents, or other relatives, depending on the circumstances. The “heir” is defined as one who would be entitled to property under Nevada’s intestate succession law. Personal representatives of the decedent’s estate may also file claims for specific losses, such as funeral expenses and medical bills.
Wrongful death can happen in nearly any circumstance.
These tragedies illustrate a need for accountability and are often a good reason for filing wrongful death lawsuits, even if the motives in each case differ significantly.
Damages refer to monetary compensation meant to return the injured party, or, in the case of wrongful death, to the deceased’s family, to the condition they were in before the injury. Under wrongful death lawsuits, damages account for both economic and non-economic damages invariably endured by surviving members of the decedent’s family.
Economic damages include wages and benefits earned by the deceased, medical expenses incurred before the death, and funeral or cremation expenses. Non-economic damages include the pain and suffering of the deceased before death, lost companionship, care, and affection to the family of the decedent, as well as the emotional anguish and sorrow suffered by the survivors.
This compensation will soothe the family for some of the losses the family suffered.
Wrongful death claims can be confusing, especially to grieving families. Hiring a personal injury attorney in Reno will help you with the legal intricacies as you heal.
An attorney can further investigate the incident for critical evidence, determine the value of your claim so that every loss can be accounted for, negotiate with the insurance companies on your behalf, and represent you in court if a fair settlement is not obtained.
Craig W. Kidwell is the managing partner of Kidwell & Gallagher, Ltd., and exclusively represents injured workers in Nevada. Mr. Kidwell has been practicing workers’ compensation law in Nevada since 1999 and has acted as lead counsel on over 2,000 contested workers’ compensation claims. Mr. Kidwell represents injured workers in Nevada through all stages of Nevada’s complex worker’s compensation system. Craig regularly appears in all levels of Nevada’s administrative workers’ compensation system and has represented injured workers in Nevada’s districts and Supreme Court.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Managing Partner, Craig W. Kidwell who has more than 20 years of legal experience as a personal injury attorney.