Some people are the glue that keeps the family connected; losing such people can take a toll on these families. This situation might become more painful and devastating when you lose such a person due to the carelessness of others.
This distress may leave some families with emotional and financial burdens. However, understanding how wrongful death lawsuits work is very important. These lawsuits can allow families to get back on their feet and at least try to recover from the damages caused.
This blog will explain how wrongful death lawsuits work and how much compensation families can get.
Categories of Wrongful Death Damages
Compensatory vs. Punitive Damages
First, when discussing compensation for wrongful death damages, it is very important to know what types of compensation are available. Two types of compensation can be given.
Compensation for compensatory damages covers all the financial, medical, and emotional expenses. Meanwhile, punitive damages mean the money a faulty party pays as a punishment for their carelessness or recklessness.
The families of the deceased should contact a wrongful death law firm in Las Vegas before taking any legal action.
Who Can Recover These Damages?
It is very important to know who can apply for compensation after a wrongful death. The state of Nevada only allows certain people like:
- Spouse of the deceased
- Children of the deceased
- Parents of the deceased
- Close relatives of the deceased
- People dependent on the deceased
- In some cases, the representative of the deceased can also file for compensation.
Economic Damages: Financial Compensation for Your Loss
Medical Bills and Final Expenses
One of the most important factors economic damages cover is medical expenses. These medical expenses may include:
- Hospital costs
- Emergency care
- Surgeries
- Treatments before death
This compensation also includes funeral and burial costs.
Lost Income and Future Earnings
Compensation can also be granted for lost wages. What are lost wages? Lost wages mean lost income. This is the money the deceased would have provided for their family if the wrongful death hadn’t occurred.
Some of the factors that are considered for lost wage compensation are as follows:
- Compensation for income lost due to the wrongful death.
- Deceased’s age
- The career trajectory of the deceased
- Financial contributions of the deceased to dependents.
Loss of Benefits and Household Contributions
Other than medical expenses and lost wages, loss of benefits and household contributions are also considered in economic compensation. These losses of benefits and household contributions may be:
- Lost pensions
- Health insurance
- Other employment benefits.
- Household services like childcare
- Home maintenance
- Caregiving duties
Non-Economic Damages: Emotional and Psychological Impact
Pain and Suffering of the Survivors
Many people are unaware of their rights. They don’t realize that compensation for the emotional anguish and distress experienced by families after the death of their loved ones is a real thing.
The death of a loved one takes a great toll on their families. It may be even greater if the carelessness of another person caused the death. This compensation allows the survivors to get out of their emotional trauma through therapy and rehabilitation.
Loss of Companionship and Consortium
Parallel to pain and suffering compensation, the loss of a spouse or a partner’s compensation is valid according to the law in Nevada.
The widow can file a claim for the loss of companionship and emotional support from the deceased. Meanwhile, the orphaned children may request to be compensated for the loss of guidance and care that both parents provide.
Impact on Family Stability
As discussed earlier, the wrongful death of a loved one can take a great toll on their families. The family members may suffer from instability. This instability can lead to emotional distress and financial struggle. It can also greatly affect the day-to-day routine of these families.
A Las Vegas wrongful death attorney will assist with representing the victims’ suffering in court and can help them receive ample reimbursement for the enduring results.
Punitive Damages: Holding the Negligent Party Accountable
When Are Punitive Damages Awarded?
Punitive damages are reserved for cases that require special punishments. These punishments are given if the court thinks:
- The wrongful death was caused by the reckless of the faulty party
- The wrongful death was Intentional
- The faulty party shows negligence toward their actions
These types of damages are commonly made in cases like:
- DUI accidents
- Medical malpractice
- Workplace safety violations
The Purpose of Punitive Damages
The purpose of punitive damages is not to get compensation. It is to punish the felon and teach them the lesson to not make such mistakes in the future. Micheal Hua Injury Firm can provide you with free consultation and help you determine if punitive damages apply to your case.
Steps to Maximizing Your Wrongful Death Compensation
Gather Strong Evidence
It is very important to make sure you have all the evidence before you file for compensation. Evidence like:
- Medical records
- Accident reports
- Witness statements
All of this evidence can support you and strengthen your case. Also, in some cases, you may need expert testimony to prove damages.
Work with an Experienced Wrongful Death Lawyer
When stranded in a situation like the wrongful death of a loved one, it is important to work smart and get the legal help you need. A wrongful death lawyer in Las Vegas knows how to properly negotiate with insurance companies.
They gather the right information and present a strong case to the insurance companies, allowing you to get the settlement you deserve. Another thing to understand is that legal representation increases the likelihood of securing full compensation.
Be Aware of the Statute of Limitations
It is important to file a claim before your case reaches its statute of limitations. The statute of limitation is the time limit after which your claim for compensation legally becomes invalid.
According to the law of the state of Nevada, families can file for a wrongful death claim within two years from the date of the deceased’s death.
Conclusion
This blog explains how the wrongful death of a loved one can leave a traumatic and long-lasting effect on the deceased’s family. The victim dies, but the survivors left behind have to deal with the consequences. After reading this blog, you will understand all the compensation categories the deceased’s family can apply for. It also explains the steps they can take to maximize their chances of receiving compensation. Most importantly, this blog talks about who the people are that can file a wrongful death lawsuit.
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