Losing a loved one in an accident caused by another party’s negligent behavior can take a major emotional, mental and financial toll on the survivors. The dependents can file a lawsuit to recover damages for their pain and suffering.
If you have lost a loved one and are considering filing a lawsuit to get justice for the deceased, you may be confused between a wrongful death claim and a survival action case. While these may seem similar, they differ in terms of the compensation granted.
Filing either lawsuit can be challenging for the survivors, so consulting a wrongful death lawyer in Nevada is important to ensure you receive the rightful compensation for your sufferings.
Wrongful Death vs. Survival Actions in Nevada
These two lawsuits differ in terms of the compensation granted to the eligible parties.
Wrongful Death Cases
In Nevada, the wrongful death lawsuit is filed by the estate of the deceased person to recover damages for the surviving family. The damages recovered in these cases include:
- Economic damages
- Future financial expenses
- Loss of consortium
- Pain and suffering
These are usually significant for surviving loved ones dependent on the deceased for economic and emotional support, like children or spouses.
Survival Actions Cases
Survival actions are the lawsuits that recover damages experienced by the decedent, like medical costs and pain and suffering. These cover the damage the deceased suffered between the accident and death. For instance, if the victim spends days getting treatment for the severe injuries sustained in an accident before they pass away.
The surviving kin can file for survival actions to cover the medical expenses and related costs incurred up to their loved one’s death.
Who is Eligible to File a Wrongful Death or Survival Action Lawsuit in Nevada?
The eligible individuals are the only ones entitled to file the claim and recover damages in both survival action and wrongful death claims. These are the loved ones who depended on the victim for monetary support and those responsible for covering the deceased’s burial, funeral, and medical expenses.
Courts typically grant compensation to the following parties:
- Spouse or partner of the deceased individual
- Adopted or biological children over 25 years of age
- Adoptive or biological parents
- Siblings of the deceased, if they were dependent on the deceased for partial or full financial support
There could be other situations in which a party may be eligible to recover compensation for wrongful death or survivor action lawsuit in Nevada. It is ideal to consult a wrongful death lawyer to determine your eligibility.
Consult a Wrongful Death Lawyer in Las Vegas
If you have lost a loved one due to someone one’s negligence, you can file a wrongful death or survival action lawsuit to recover compensation for the pain and suffering. Having an experienced Las Vegas wrongful death lawyer can help you determine whether you need to file a wrongful death or survival action lawsuit.
The team at the Bourassa Law Group can help you through this difficult time. Our expert wrongful death lawyers in Nevada are equipped with the resources and skills to help you navigate this process. Call us today at (800)870-8910 for a free consultation, and let us handle the wrongful death or survival action claim for you.
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