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What are Wrongful Death and Survival Claims in Nevada?

By September 29, 2022December 12th, 2022Wrongful Death3 min read

In Nevada, there are wrongful death claims and also survival claims. Understanding the difference is important, especially if you’re considering working with a wrongful death attorney, but you’re not sure if you have a case. If you’ve lost a loved one through the negligence of another party, filing a claim may help you recover financially from the damage.

While compensation can’t replace your loved one, it can help you pay medical bills, funeral expenses, and other costs. Here’s what you need to know about both of these types of claims, so you can move forward on any potential case and make informed decisions.

What is a Wrongful Death Claim?

A wrongful death claim in Nevada is when the family of a deceased person sues another party for causing the person’s death. Generally, the lawsuit is seeking compensation for things like funeral expenses, and also for the pain and suffering that was caused by losing someone they loved.

It’s important to note that wrongful death claims are civil claims, and are separate from any criminal action that may be brought in the case of a person’s death. Many times wrongful death claims come from car accidents and similar incidents. Whether the person who caused the accident is charged with anything criminally, the family of the deceased person can still bring suit.

What is a Survival Claim?

A survival claim can be brought in the same lawsuit as a wrongful death claim, or it can be a separate filing. This kind of claim involves working with a wrongful death attorney to seek compensation for the injuries that the deceased person experienced before they died. In other words, the medical bills, lost wages, and pain and suffering experienced during the time between the accident and the person’s death can all be part of this claim.

Additionally, a wrongful death lawyer may also help you add attorney’s fees and punitive damages to the claim. Often, the punitive damages can be much more than the compensatory damages. That means you may receive much more compensation for pain and suffering, well above and beyond the amount owed for medical bills and other issues.

Working With a Wrongful Death Lawyer Can Help

By working with a wrongful death attorney you have the legal support and representation you need to bring a survival claim or a wrongful death lawsuit, or both. That can make a significant difference in whether insurance companies and other parties are willing to work with you, and what kind of compensation you receive for the loss of your loved one.

Losing a loved one can be very traumatic, and the pain and suffering you experience is often lasting. Additionally, there will be medical bills and other expenses that can harm your finances and leave you struggling to get caught up. A wrongful death attorney can help reduce those issues, work toward fair and just compensation for the loss of your family member, and provide you with peace of mind.

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