A wrongful death lawsuit alleges that the defendant's wrongful or negligent conduct caused the decedent's death, and the surviving heirs are entitled to monetary damages.
In Nevada, the elements of a wrongful death claim are set forth by statute as follows:
Wrongful Death - NRS 41.085
1. Plaintiff is an heir or personal representative of decedent;
2. Defendant caused decedent's death by wrongful act or neglect;
3. Therefore, under NRS 41.085, plaintiff may maintain an action for damages against defendant, or, if defendant is dead, against his or her personal representative.
Damages
Nothing can fully compensate for the loss of a family member. However, the law provides monetary damages in an attempt to remedy both the emotional and financial losses resulting from wrongful death. In a wrongful death action, the following types of damages may be available:
- Loss of future companionship, society, and comfort.
- Loss of services of monetary value, including present as well as future loss of support.
- Any special damages such as medical expenses sustained before the decedent's death.
- Funeral expenses.
- Exemplary or punitive damages that the decedent would have recovered if he or she had lived.
- Pain and suffering, if consciously experienced by the decedent.
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