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How Are Wrongful Death Damages Calculated in Nevada?
When filing a wrongful death claim in Nevada, your attorney or a Nevada court will calculate your wrongful death damages based on a variety of economic and non-economic losses that may have stemmed from the wrongful death.
Understanding what's included in these economic and non-economic damages is key to calculating wrongful death damages.
Economic Damages
In wrongful death cases, economic damages refer to the losses that an exact monetary amount can measure.
Common types of economic damages included in wrongful death settlement calculations are:
- Medical Expenses: The medical bills incurred by the deceased person before their passing.
- Funeral and Burial Costs: Funeral and burial procedures for the deceased, including caskets, ceremonies, burial plots, and funeral services, can be used to calculate wrongful death damages.
- Loss of Income and Benefits: The loss of financial support or benefits that the deceased person used to provide.
- Loss of Service: Any home services such as childcare, housekeeping, or home maintenance that the deceased would have regularly provided.
To ensure that you correctly calculate economic damages in your wrongful death case, it's highly recommended to contact the Rodney Okano Car Accident Lawyer Law Firm, as the firm offers the families of wrongful death victims a free consultation where an experienced wrongful death lawyer will analyze financial documents, living situations, and receipts to accurately determine the value of their wrongful death claim for free.
Non-Economic Damages
Non-economic damages in wrongful death claims refer to losses that can NOT be measured by an exact monetary amount, which are often emotional, mental, and personal losses suffered by the surviving family members.
Common non-economic damages that are calculated in wrongful death settlements are:
- Loss of Companionship: Emotional pains that result from the absence of the deceased's companionship, love, comfort, moral support, affection, and care.
- Loss of Intimacy: The sexual intimacy lost due to the death of a loved one can be compensated for in a wrongful death case.
- Loss of Consortium: The surviving spouse or partner may receive compensation for the benefits their relationship with the deceased person provided.
Calculating non-economic damages is often more challenging than calculating economic damages due to the lack of a receipt or document stating the amount you should be entitled to.
For this reason, it's important to have an experienced Las Vegas wrongful death lawyer handle determining the true value of your and your family members' non-economic losses.
Punitive Damages
In wrongful death claims, where the wrongful death was caused by extreme recklessness, such as drunk driving, or intentional acts, such as road rage, a Nevada court may award the surviving family members punitive damages, which are not meant to compensate the family members for their losses but punish the defendant for their egregious conduct.
Factors That Could Impact a Wrongful Death Settlement
Wrongful death settlement amounts vary significantly on a case-by-case basis due to the numerous factors that affect a settlement.
Understanding the factors that impact wrongful death settlements is crucial to gauging how much compensation you and your family may be entitled to.
Age and Health of the Deceased
The age and health of the deceased person before death are some of the most important factors in a wrongful death case.
If the deceased person was young and in good health, it could result in a larger settlement than someone who is older or has poor health.
Earning Capacity of the Deceased
The higher the yearly income or earning potential of the wrongful death victim, the more likely it is that the surviving family receives larger economic damages due to the significant loss of income, financial support, and potential inheritances.
Financial Dependency of Surviving Family Members
If the deceased had family members who were financially dependent on them, such as minor children or a spouse, an insurance company or the Nevada court may award a substantial settlement to compensate for the loss of financial support to the children and/or the spouse.
Insurance Policy Limits
The amount of insurance coverage the at-fault party has is one of the primary factors that affect wrongful death settlements, as insurance policy limits often set the cap on the amount of wrongful death compensation available to the surviving family.
Insurance policy limits become a substantial problem when the negligent party is uninsured or underinsured and lacks other assets to compensate the family.
Fault & Contributory Negligence
Under Nevada's modified comparative negligence rule, multiple parties can be at fault for an accident and have their compensation reduced based on the percentage of fault they hold in the accident.
Based on this rule, if the deceased person is found to be partially responsible for their wrongful death, the settlement to the family will be reduced by the percentage of fault determined by an insurance company or court.
However, if the deceased is found to be 51% or more at fault for the incident that resulted in their death, the family will unfortunately be barred from recovering a settlement.
Types of Damages You Can Seek in Nevada Wrongful Death Claims
When seeking to understand how wrongful death settlements are calculated, it's crucial to understand the damages that are recoverable by the heirs and the deceased's estate.
Damages Recoverable by the Deceased's Heirs
The immediate family of the deceased can seek numerous damages in a wrongful death lawsuit, including:
- Lost financial support
- Loss of companionship
- Mental anguish and emotional distress
- Loss of household services
Damages Recoverable by the Deceased's Estate
If a personal representative of the deceased's estate files a wrongful death lawsuit, they can seek the following damages on behalf of the estate:
- Medical expenses
- Funeral expenses
- Lost wages
- Lost benefits
- Pain and suffering
In wrongful death cases, where the deceased's estate receives the wrongful death settlement, the funds will be used to pay outstanding debts and then distributed among the surviving family members according to the deceased's will.
How Are Wrongful Death Damages Distributed Among the Family or Estate
In a Nevada wrongful death claim, compensation can be given to either the surviving family or the deceased's estate, depending on who files the claim.
Below, we cover how damages are distributed in both the family and the estate.
How Wrongful Death Damages Are Divided Among the Surviving Heirs (Family)
Under NRS 41.085, only specific immediate family members have the right to file a wrongful death claim, which includes:
- Spouse
- Children
- Parents (Only if the deceased had no spouse or children)
Among this group of rightful heirs, a wrongful death settlement is typically divided based on the strength of the heir's relationship with the deceased.
How Wrongful Death Damages Are Divided Among the Deceased's Estate
A personal representative of the deceased's estate may have the right to the wrongful death settlement to pay any outstanding debts and expenses, and then distribute the remaining funds in accordance with the deceased's will or Nevada's intestate succession law if no will was made.
Are Wrongful Death Settlements Taxable?
Under most circumstances, wrongful death settlements are not taxable.
However, any punitive damages awarded or interest on the wrongful death settlement may still be subject to taxation.
To understand how taxes may impact your settlement, set up a free initial consultation with a Las Vegas wrongful death attorney from the Rodney Okano Car Accident Lawyer Law Firm today.
The Best Ways to Ensure Maximum Compensation in a Wrongful Death Case
After the wrongful death of a family member, ensuring a fair settlement is a crucial step to moving on from such a tragic event.
Some of the best ways you and your family can secure a favorable settlement offer are by:
- Working with an experienced wrongful death attorney
- Gathering as much evidence as possible related to the wrongful death case
- Documenting all your financial losses and emotional impact caused by the wrongful death of a family member
- Taking into account future losses, such as the loss of future income opportunities
To make sure every step of your wrongful death claim is handled correctly, contact our Nevada wrongful death attorneys who have over 20 years of experience and have gone to battle for hundreds of wrongful death victims in court and against insurance companies.
Nevada Statute of Limitations for Wrongful Death Lawsuits
In Nevada, the wrongful death statute of limitations is two years from the date of the person's death, according to NRS 11.190.
It's important to have a knowledgeable attorney involved in your case, as attempting to file outside of the statute of limitations could result in your case being dismissed by the court and insurance company.
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Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
