If a family member or loved one has died as the result of the negligence of another, Nevada law allows the estate of the deceased as well as the “heirs and personal representatives” to make a claim for damages. NRS 41.085.
You may be considered an heir or personal representative of the deceased if:
1. You are an immediate family member, such as a spouse, child, or parent;
2. A legal dependent of the deceased; or
3. A representative of the estate
Although others may be aggrieved by the death of the decedent, Nevada law does not allow for wrongful death claims to be brought by fiancées, foster children/parents, step children, parents, or siblings, or unmarried partners.
The heirs or personal representatives of a decedent may recover the following on behalf of the estate:
1. Medical expenses incurred prior to death;
2. Funeral and burial costs; and
3. Punitive damages.
The heirs may each prove damages for:
1. The heirs grief or sorrow
2. Loss of comfort and consortium
3. Loss of financial support of dependents;
4. Loss of benefits;
5. Pain and suffering of the deceased prior to death; and
6. Loss of companionship.
Wrongful death claims are difficult, and you should not attempt to make a claim without the assistance of an experienced attorney. Call the attorneys at 9th Island Injury Lawyers today for a free consultation.