Wrongful Death Claims and Settlements in Nevada

When someone dies as a result of another person’s or entity’s negligence or wrongful action, the wrongful death lawsuit arises. It’s a type of personal injury claim in which the injured person is not alive and is not able to bring his or her own case to court. This means that the surviving family members or the executors of his/her estate must file a lawsuit seeking compensation from the responsible person.

These issues are being examined by the civil court. The person who files a civil lawsuit is called “Plaintiff”. Plaintiff brings a lawsuit against a person or entity known as “Defendant”. Through this kind of legal action, the plaintiff seeks financial compensation for surviving family members.

Each state regulates these legal claims specifically. In our article, we are going to cover the details of wrongful death settlements in Nevada. Keep on reading to get familiar with the nature and controlling procedure of it.

What Is a Wrongful Death Settlement?

A wrongful death settlement is here to ensure that the descendants of the victim get justice and financial support. They bring that legal claim not only to acquire compensation but also to make the defendant accountable for the fatal personal injury.

Even if it is difficult to give economic value to the death of a loved person, however, by this lawsuit, the state provides financial compensation to the ones who rest on the support and companionship of the deceased victim.

If you want to succeed in filing a legal claim, you should have these elements present in the case:

  • The fatal injury of a person, caused by negligence or malfunction of another person
  • The presence of victim’s family members who suffered from financial harm as a result of the fatal harm
  • The existence of a personal representative who presents the decedent’s estate

The decedent’s harm may be a result of medical malpractice, a car or airplane accident, occupational exposure to dangerous situations, criminal behavior, and administered action.

Average Wrongful Death Settlement in Nevada

If you have this kind of legal claim or if you are to file a legal claim, you should have a perception of the average of it. It will help you to understand what to expect in case of success.

To calculate an average settlement for this lawsuit is very difficult, as all the cases are very different. Besides, there are no statistical resources available for calculating the amount of financial support.

However, in Nevada, the average may range from $500.000 to over $1 million. Many circumstances need to be examined while determining the value of the concrete case. The amount of the compensation for your own situation may be more or less than average.

However, if you want to get help in evaluating how much is the worth of a legal claim, you can contact a wrongful death attorney. He/she will examine the circumstances of your circumstance and the extent of losses.

What Are the Different Types of Damages in a Wrongful Death Lawsuit?

For the loss of a loved one, the plaintiff should demonstrate the compensatory damages. Among these measurable damages, the court will examine:

  • Medical costs were made after the accident but before the death
  • Expenses connected with the funeral
  • Any damage to the property caused by the accident
  • Wages’ lost that the victim could have provided the family in the future
  • Loss of the potential of upcoming earnings
  • Loss of the services that the victim would have possibly provide

Survivors may also get benefits for the bodily, emotional, and mental trauma they and the victim experienced due to the accident.

How Are Wrongful Death Settlements Paid Out?

After the court determines how much is the amount of the benefits, time to divide them fairly and equally between the surviving family members.  Generally, the insurance agencies pay out the wrongful death settlements. Having the decision on the worth of the damages, the insurance company pays the maximum amount allowed by their private policy. If the value of the damages is more than the maximum amount of the company, then the responsibility takes the individual or an entity that is accountable for the injury.

If the accountable individual is not able to implement the payment, the court applies payment plans that are in favor of the plaintiffs.

As Nevada is widely known for its dangerous drivers, we also consider the payout for car accident death. If someone was negligent or reckless, Nevada permits victims to recover damages from another party. So, the negligent driver is the one who has to pay out for car accident death. Otherwise, breaking the law will bring legal consequences.

Factors That Affect the Value of a Wrongful Death Settlement in Nevada

As each case is unique, there is no certain amount to request. However, experienced attorneys may do evaluations. It will help you to decide on the appropriate amount to request from the defendant. There cannot be a guarantee that you will receive a specific amount, but there are several factors that need to be assessed for getting fair compensation.

Among them, you can find.

  • The age of the person who died as a result of the fatal injury
  • The potential of possible future earnings of the decedent
  • All the medical expenses and health care payments that are connected with the decedent’s injury
  • The individual policy of the available insurance company and the limit of its financial compensation

The insurance companies and juries have to demonstrate such support which would have been relevant with the capacities of the decedent as if he/she had lived a full life. So, taking into account their personal income, the number of benefits may hesitate from thousands to several million.