When someone is killed as the result of another individual or company’s negligence in Nevada, there are two types of lawsuits that can be brought against the responsible party. Those include a survival action and a wrongful death lawsuit.
A Nevada survival action is designed to compensate the deceased’s estate for the losses their loved ones suffered before their death. Another way to look at it is the compensation the victim could have pursued by filing a personal injury lawsuit had they survived. Therefore, the estate can recover damages that include:
Conscious pain and suffering can refer to the physical pain the deceased was in due to the injuries that caused their death, as well as their mental suffering, such as feelings of fear knowing their death was imminent. When awarding pain and suffering damages, a jury will typically consider:
Since the victim can no longer testify to their pain and suffering, it can be challenging to prove this type of damages. In cases involving a defendant (at-fault party) who acted with extreme recklessness or an intentional disregard for the safety of others, punitive damages may also be awarded. However, this type of compensation is reserved as punishment for egregious behavior.
A survival action is a lawsuit separate from a wrongful death claim, but the two can often be combined. The primary difference from a survival action is that the deceased’s estate brings a wrongful death claim to recover damages from the negligent party for the losses caused by the victim’s death. For example:
In Nevada, a law known as the statute of limitations imposes a time limit on how long a survival action or wrongful death claim can be brought. When a person is injured, they have two years from the date of the accident to file a personal injury lawsuit.
If the victim dies due to the accident before the two-year deadline, the deceased’s estate can still pursue the claim on their behalf as a survival action. As previously stated, a survival action can be combined with a wrongful death lawsuit. Wrongful death lawsuits must be filed within two years of the victim’s death. If the estate executor or administrator fails to meet these deadlines, the surviving family will lose their right to pursue compensation.