What Is a Wrongful Death?
A wrongful death is any preventable death that occurred because of the negligence or wrongdoing of another party. Common causes include motor vehicle crashes, medical malpractice, defective products, dangerous drugs, toxic substance exposure, animal attacks, nursing home abuse, and violent acts.
Who Can File a Wrongful Death Action in Nevada?
Under Nevada law (NRS 41.085), the following individuals may bring a wrongful death claim:
- The decedent’s surviving spouse or domestic partner
- Children of the deceased
- Issue (grandchildren) of deceased children
- The personal representative of the estate
- In certain circumstances: putative spouse, stepchildren, parents, or dependent minors living in the household
Types of Damages
Economic Damages
- Medical expenses incurred before death
- Funeral and burial costs
- Lost earnings and projected future financial support
- Loss of benefits (health insurance, pension, etc.)
Non-Economic Damages
- Loss of companionship and consortium
- Grief and mental anguish
- Loss of guidance and affection
- The deceased’s pain and suffering before death
Punitive Damages
When the death was caused by gross negligence or depraved indifference, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.
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