Do You Know Nevada’s Wrongful Death Law?

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    January 18 2021

    Do You Know Nevada’s Wrongful Death Law?

    In Nevada, the number of 2020 traffic-related fatalities increased from 2019. If you lost a loved one in a traffic-related fatality, you may be grieving and wondering what to do next. In this situation, it is important to know Nevada’s wrongful death law which we will discuss below.

    Losing a loved one in an accident is a terrible tragedy. If another person is responsible, you may feel frustration and anger in addition to your grief. Seek justice by contacting the experienced legal team at Anthem Injury Lawyers. We do not charge for initial consultations and will travel to you at home or in the hospital if necessary. Leave the complexities of dealing with insurance companies and the details of handling your case to our experienced Las Vegas lawyers and staff. Don’t wait. Allow us maximum time to pursue your wrongful death case and win you the compensation you deserve. Contact us today at (702) 857-6000 to make an appointment for a free consultation.

    Nevada Revised Statute 41.085

    Nevada Revised Statute (NRS) 41.085 provides the following:

    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.

    A wrongful death action can be complex. Do not add to your difficulties by proceeding without legal representation. Contact the compassionate and experienced legal team at Anthem Injury Lawyers today. Based in Henderson, Nevada, we work with clients in Las Vegas and vicinity. If you are unable to come to us, we can travel to you. Our Las Vegas car accident lawyers offer you the expert knowledge and expertise you need to win the compensation you deserve. Contact us today at (702) 857-6000 to make an appointment for a free consultation. We work on a contingency basis, so we only receive compensation if you receive compensation.

    Who Can File a Nevada Wrongful Death Action?

    In Nevada, the “heirs and personal representatives” of the deceased are permitted to file a wrongful death claim. Heirs and personal representatives of the deceased include the following:

    • Immediate family members (children, spouse, parents)
    • Legal dependents
    • Representative of the deceased’s estate

    Losing a loved one is a difficult experience. If you have lost a loved one in a Las Vegas area car accident, contact an experienced personal injury lawyer. Anthem Injury Lawyers is a team of experienced and dedicated personal injury lawyers and case managers. Based in Henderson, Nevada, we work with clients all over the Las Vegas area. Our wrongful death lawyers offer you exactly the level of capability you need when fighting for your rights in a Las Vegas car accident case. Contact us today at (702) 857-6000 to make an appointment for a free consultation.

    What Damages Are Available in a Wrongful Death Action?

    If you have lost a loved one in a car accident, you know that nothing can replace them. However, in a wrongful death action you may be able to recover damages (monetary compensation). This can have a significant impact, especially if your loved one was a primary wage earner.

    Heirs may be awarded pecuniary damages for their grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent.

    A victim’s estate may be able to recover damages including compensatory and punitive damages.

    • Compensatory damages are designed to make you and your family whole and may include medical and burial expenses and lost wages.
    • Punitive damages are intended to punish the parties that caused the victim’s death though their negligence, recklessness, or intentional actions or inaction.

    Losing a loved one in an unimaginable tragedy. If someone is responsible for their death, contact an experienced personal injury lawyer. An experienced personal injury attorney will be able to guide you through the legal process. The law firm of Anthem Injury Lawyers has a dedicated team of lawyers and staff ready to help you with your wrongful death case. If you’ve lost a loved one in a Las Vegas area car accident, you need our experienced team working aggressively for you. Remember: insurance companies are not motivated to pay you the maximum amount of compensation you deserve for your Las Vegas wrongful death case. We will work to win significant compensation for you. Contact us today at (702) 857-6000 to make an appointment for a free consultation.

    EXPERIENCED LAS VEGAS PERSONAL INJURY LAWYERS

    Have you lost a loved one in a Las Vegas car accident? You should speak with an experienced personal injury lawyer. Award-winning personal injury law firm Anthem Injury Lawyers is a team of experienced, dedicated personal injury lawyers based in Henderson, Nevada. With over 25 years of experience, Anthem Injury Lawyers specializes in personal injury claims, including complex wrongful death claims. We offer a powerful combination of expertise, experience and aggressive action – just what you need to win your Las Vegas personal injury case.

    Navigating the complexities of a Las Vegas wrongful death case can be difficult. That’s why you need our car accident lawyers and legal team to help you through the process. Insurance companies are not motivated to help you. We will protect your rights and get you the compensation you are rightly due. Our lawyers work on a contingency fee basis so you don’t have to worry about affording a Las Vegas personal injury lawyer. Contact us today at (702) 857-6000 to make an appointment for a free consultation. If you’re severely injured or otherwise not able to visit our office, we will come to you.

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