How Are Damages Distributed in a Las Vegas Wrongful Death Lawsuit

Posted on December 8, 2023

The distribution of damages among heirs typically depends on the relationships and the impact of the loss on each individual.

Who Can Recover Compensation in a Las Vegas Wrongful Death Lawsuit

Spouses, children, and parents may all be eligible for compensation, and the court will consider factors such as the deceased’s will, the closeness of the relationship, and the financial dependence of the survivors on the deceased.

Intestate Succession in Nevada

Intestate succession refers to the legal process by which a deceased person’s estate, including a wrongful death settlement or award, is distributed when they pass away without a valid will. Nevada law dictates the order of inheritance among surviving family members in the absence of a will. Generally, the deceased person’s assets are first distributed to their surviving spouse or domestic partner. If there is no surviving spouse or domestic partner, the assets may pass to the deceased person’s children. If there are no surviving children, the distribution may extend to parents, siblings, and other relatives.

What Types of Damages are Available in a Las Vegas Wrongful Death Lawsuit?

An heir or the personal representative of the deceased person’s estate can initiate a wrongful death lawsuit to recover compensation on behalf of surviving family members. The representative is typically named in the decedent’s will or appointed by the court. The types of compensation commonly awarded include the following:

  • Medical bills related to the death
  • Funeral, cremation, or burial costs
  • Loss of the victim’s expected wages
  • Loss of benefits
  • Reduction in the inheritance suffered by surviving children
  • Loss of parental guidance
  • Loss of support and services that the victim provided, such as childcare
  • Loss of society, companionship, comfort, guidance, and advice
  • Conscious pain and suffering the deceased endured due to their injuries
  • Interest on top of the damages awarded, which are calculated from the date of death

In some cases, the court may also award punitive damages if the defendant’s (at-fault party’s) actions were malicious or egregious.

How Much Compensation Can I Receive in a Wrongful Death Claim in Las Vegas?

Many factors determine how much compensation an heir or deceased’s estate can be awarded in a wrongful death claim. The most common variables considered include the following:

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  • The type and severity of the accident.
  • The deceased’s age, habits, and occupation.
  • The deceased’s health at the time of death.
  • The deceased’s life expectancy had they survived.
  • The past and potential future earnings of the decedent.
  • The percentage of financial support the spouse relied on.
  • Whether the deceased had minor children and how many.
  • Whether the deceased was actively involved in their community.

These elements can either increase or decrease a wrongful death case’s value.

Our Las Vegas Wrongful Death Lawyers Can Help You

A knowledgeable Las Vegas wrongful death attorney can play a crucial role in navigating the legal complexities surrounding wrongful death claims. They can provide valuable guidance on the distribution of damages among heirs, ensuring that each eligible family member receives their rightful share based on the specific circumstances of the case.