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What Happens to a Catastrophic Injury Claim if the Victim Dies?

When an individual sustains catastrophic injuries because of someone’s negligence, they have the right to file a catastrophic injury claim in Nevada. They can recover financial compensation for their losses and injuries, as well as non-economic damages, including pain and suffering.

However, the victim’s health might worsen in severe situations during the personal injury claim. In some cases, the victim might not be able to recover and pass away before any decision is made for the claim filed on their behalf.

In such a difficult situation, the surviving loved ones of the victim might wonder what would happen to the catastrophic claim. In many cases, there are multiple legal rights and compensation that the loved ones of the deceased can pursue.

The catastrophic injury lawyers in Nevada can help you determine your legal rights after your loved one has passed away during the claim.

Understanding Survival Action

Nevada laws protect the rights of the deceased’s dependents when a victim passes away before a decision is made in their catastrophic injury claim. The administrator or the executor of the deceased victim’s estate is allowed to maintain the claim.

They can seek the damages or losses the deceased sustained or incurred before they passed away, including punitive, penalties, and exemplary damages the deceased could have been granted if they were alive. It also includes damages for disfigurement, suffering, pain, loss of consortium, comfort, companionship, and support.

Is Survival Action the Same as Wrongful Death Claim?

Many people confuse the survival action with the wrongful death claim. It is important to note that both these claims are separate. The wrongful death claim is filed by the surviving family of the victim when their loved ones passes away in an accident caused by someone’s negligence. This can include the parents, children, or spouse of the deceased.

This case is filed when the negligent behavior of the other party is the main reason for the victim’s death. For instance, when a victim dies in a car crash caused by a drunk driver, the family of the victim is entitled to recover damages by filing a wrongful death claim.

The main difference between a survival action and a wrongful death claim is that the family of the deceased can recover compensation for income loss, burial and funeral costs, and loss of companionship and consortium.

Who can Recover Compensation in a Catastrophic Injury Claim if the Victim Dies?

When the victim dies before compensation is granted in a personal injury claim in Nevada, the next of kin is provided with the compensation.

  • The compensation is given to the estate of the deceased in case of a survival action, and the amount is divided among the surviving family based on the victim’s will.
  • The compensation is given to the loved one of the deceased who files the claim in case of a wrongful death claim.

A personal injury lawyer can help you understand the process and recover the compensation you rightfully deserve.

Consult a Catastrophic Injury Lawyer

It can be devastating to lose a loved one due to catastrophic injuries after an accident caused by someone’s negligence. During this challenging time, having a skilled personal injury lawyer by your side can be of great help.

The catastrophic injury lawyers at Bourassa Law Group not only help the victim file a catastrophic injury claim but can also assist the surviving family of the victim in the event of their passing. We ensure that the deceased get the justice they deserve and their dependents are financially compensated for their loss.

Book your free case consultation today by calling (800)870-8910 or sending us a message.

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