Wrongful Death Lawsuits Q&A

The death of a loved one is always a difficult time for friends and especially family. If the loss is also unexpected and comes about because of the actions or negligence of another, it creates even greater economic and emotional pain.

In such cases, a wrongful death lawsuit might be an option. Though it can't bring a loved one back, it can provide some measure closure and financial support to their mourners.

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit, sometimes known as a "wrongful death action," is a legal claim brought in court against a defendant who caused another's death through intentional actions, reckless behavior, or negligence. It's a civil case, and entirely separate from any criminal proceeding charging a defendant with homicide or manslaughter.

One good way to understand a wrongful death action is that it's almost identical to a personal injury claim, but in the case of a wrongful death claim, the deceased can't sue on their own behalf so someone else has to take the case to court.

Who Can Bring a Wrongful Death Lawsuit?

Individual states set the rules around wrongful death actions. In Nevada, the following parties can be the plaintiffs in a wrongful death action:

• The representative of the deceased's estate
• The deceased's children, spouse, or domestic partner
• The parents of the deceased, if they have no surviving children, spouse, or domestic partner

What Are Some Examples of Wrongful Deaths?

Unintentional injuries, that is accidents as opposed to intentional violence, are the impetus for most personal liability lawsuits. So it's no surprise that deaths caused by unintentional injuries lie at the heart of many wrongful death lawsuits.

According to the Center for Disease Control, unintentional injuries are the fifth leading cause of death in the United States, with most of these fatalities occurring because of:

• Motor vehicle crashes
• Slips and falls
• Accidental poisonings

Suffocation is the leading cause of unintentional injury deaths among infants.

Some examples of cases in which you may want to bring a wrongful death lawsuit include:

• Automobile crashes caused by drunk or reckless driving
• Slip and falls on poorly maintained property
• Fatal medical errors
• Product malfunctions leading to unintentional injury and death

What Sort of Remedies Can the Court Offer in Cases of Wrongful Death?

Under Nevada law, a plaintiff in a successful wrongful death suit might receive what's known as special damages. These are meant to equal the quantifiable economic consequences for the plaintiff, usually the deceased's family, of the death of their loved one. These can include compensation for:

• The deceased's medical expenses leading up to the death
• The costs of the funeral and burial
• The earnings that the deceased would have been expected to bring in if their life had not been cut short
• The inheritance the deceased's heirs might have expected to receive if the deceased had lived a full life
• The family's forfeiture of the deceased's care and companionship

Nevada law also allows in some cases for what's called "punitive damages." These are meant to punish the defendant for reckless or negligent behavior rather than to compensate the family for economic losses.

Of course, no amount of money can fully offset the pain of losing a loved one, especially unexpectedly and due to the bad behavior of another person or enterprise. But a wrongful death lawsuit can help a grieving family navigate the financial hardship caused by such a tragedy. And it can bring some measure of peace to the family and friends to know justice was done for their loved one.

If you have more questions about wrongful death lawsuits, or if you would like to schedule a consultation, contact us at Frank W. Thompson Attorney at Law.