Distribution of damages to heirs is usually determined by the relationship between the parties and the impact on each person.
Who can recover compensation in a Las Vegas wrongful death lawsuit?
The court may award compensation to the spouse, children and parents of the deceased, depending on factors like the will of the deceased, the nature of the relationship and the financial dependency of the survivors.
Intestate Succession is Nevada
Intestate Success is the legal process that distributes a deceased’s estate including a wrongful-death settlement or award when a person dies without a valid Will. Nevada law determines how surviving family members are to inherit in the event of no will. In general, assets of the deceased are distributed first to their spouse or domestic partner. In the absence of a surviving spouse or domestic partnership, assets can be passed to the children of the deceased. If there are not any surviving children, then the assets may be distributed to parents, siblings and other relatives.
What are the types of damages available in a Las Vegas wrongful death lawsuit?
A heir, or the personal representative for the estate of the deceased can file a lawsuit on behalf of the surviving family to seek compensation. The representative will be named in the deceased’s will, or appointed by a court. Compensation is usually awarded in the form of:
- Medical bills related with the death
- Costs of cremation or burial
- The victim is unable to earn the wages they were expecting
- Loss of Benefits
- Reduced inheritance for surviving children
- Loss of parental guidance
- Loss of services and support provided by the victim, such as childcare
- Loss of companionship, comfort and guidance
- The deceased’s conscious pain and suffering
- Interest is added to the damages, calculated from the date the death occurred.
The court can also award punitive damage in some cases if the defendant (party at fault)’s actions were malicious or egregious.
What Compensation can I receive in Las Vegas for a Death by Wrongful Means Claim?
The amount of compensation that can be awarded to an heir, or the estate of a deceased person in a wrongful-death claim depends on many factors. The following are the most common factors that are considered:
- Type and severity of accident
- The age, occupation, and habits of the deceased.
- The health of the deceased at the time they died.
- If the deceased had survived, their life expectancy would have been.
- The decedent’s past and future earnings.
- The percentage of the financial support that the spouse is reliant on.
- How many minor children the deceased left behind?
- If the deceased was active in their community.
These factors can increase or decrease the value of a wrongful-death case.
Our Las Vegas Wrongful Death Lawyers Can Help You
A Las Vegas wrongful death lawyer who is well-versed in the complexities of wrongful death cases can be a valuable asset to help you navigate through these claims. They can offer valuable advice on how to distribute damages among the heirs. This will ensure that all eligible family members receive their fair share, depending on the circumstances of the case.
The post How are damages distributed in a Las Vegas wrongful death lawsuit first appeared on Harris & Harris Injury Lawyers.