What Are the Elements of a Wrongful Death Lawsuit in Nevada?

Losing a beloved unexpectedly because of someone else’s negligence or carelessness is traumatic. In such a situation, filing a wrongful death lawsuit in Nevada is advised. By filing a claim, your family can seek justice for the deceased and get a sense of closure. Moreover, once your wrongful death claim is proven, you can also recover economic and non-economic damages like funeral costs, loss of companionship, and the loss of the decedent’s financial contributions.

However, when pursuing justice for the deceased, you must prove certain facts or elements to win the wrongful death lawsuit. As per the law, you must prove four elements. These elements are:

Element#1- Death of a person

You must provide medical records and death certificates to show that the person you have filed the claim has died.

Element#2- The Death of the deceased was a wrongful act

The plaintiff needs to prove that the deceased’s death occurred by the negligence or carelessness of another person. Situations in which you may file a wrongful death claim include:

  • Car accidents
  • Defective products sold
  • Workplace hazards
  • Criminal activities (a homicide or an assault)
  • Professional malpractice

Multiple pieces of evidence can prove wrongful death, such as:

  • Witness statements
  • Photographs
  • Police reports
  • Surveillance footage

Element#3- The plaintiff should be a personal representative or the heir

As the victim is deceased, they can’t pursue legal action or file a claim. Hence, a qualified plaintiff must file a legal action on behalf of the victim. However, states like Nevada have strict laws regarding who can file a wrongful death lawsuit. For example, only a personal representative can file a claim for wrongful death. But when a personal representative is not available, the following people can pursue the case such as:

  • A surviving domestic partner, spouse, or child of the deceased
  • Deceased’s parents (if they don’t have a spouse or child)
  • Others dependent on the deceased may also file a claim, like their stepchildren.

Element#4- The plaintiff experienced damages due to the death of their beloved

Punitive and special damages are available in Nevada for wrongful death lawsuits. Special damages include the losses that the estate or family members suffered, such as:

  • Funeral and burial expenses
  • Medical expenses for the injuries of the deceased
  • Property damages
  • Lost wages
  • Grief and sorrow to the family
  • Pain and suffering
  • Loss of benefits to heirs
  • Loss of companionship

If the plaintiff can prove these damages, they can get the monetary compensation needed to cope with the loss.

Punitive Damage: Though no financial compensation can overcome your pain and misery, it can provide peace of mind that justice was served. Punitive damage penalizes the at-fault party for their negligence and bad conduct.

How Can a Wrongful Death Attorney Help?

Proving the elements of a wrongful death lawsuit in Nevada can be difficult. Therefore, it is advisable to seek legal representation. Get in touch with our wrongful death attorney at the Bourassa Law Group. Call us at (800)870-8910 for a free consultation!

Our wrongful death attorney has the experience and expertise. We can collect the evidence needed to prove each element and get you the justice and compensation you deserve.

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