Survival Actions vs. Wrongful Death Claims in Nevada

September 10, 2023 Personal Injury,Wrongful Death

The loss of a loved one is one of life’s most difficult experiences. In these situations, understanding the legal avenues available can be a significant first step toward healing. In Nevada, those who’ve lost a loved one due to another’s negligence have two primary legal options: a wrongful death claim and a survival action. While they address the losses stemming from the same incident, they serve different purposes.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit arises when a person dies as a result of another’s negligence or intentional wrongdoing. The purpose of a wrongful death claim is to compensate the deceased’s estate for the direct consequences of the victim’s death. Recoverable damages can encompass funeral and burial expenses, loss of financial support, and more intimate losses like the deprivation of companionship, comfort, and affection.

According to Nevada law, a wrongful death occurs due to the wrongful act or neglect of another. This can manifest in various scenarios, including:

• Medical malpractice
• Negligence-based incidents like car accidents
• Intentional acts of violence, including crimes

To file a wrongful death lawsuit, you must be the personal representative of the deceased person’s estate, or his or her surviving spouse, child, or domestic partner. If these individuals are not present, you may be eligible to file if you are the deceased’s parent, sibling, or the next closest kin.

What Is a Survival Action?

While a wrongful death lawsuit addresses the implications of the person’s death, a survival action addresses the harm that he or she endured before passing away. This action stands as a continuation of a personal injury lawsuit that the deceased had filed before his or her death, or would have filed if he or she had lived.

A survival action aims to compensate the estate for damages like medical expenses incurred due to the accident, lost income, and the conscious pain and suffering experienced between the accident and death. These legal claims are typically filed by the personal representative of the deceased’s estate.

Do You Need an Attorney for a Survival Action or Wrongful Death Claim?

After the loss of a loved one, legal matters are often the furthest thing from your mind. While you may feel tempted to handle things on your own, there are undeniable benefits to securing professional legal representation during these difficult times:

• Legal Expertise: A Las Vegas wrongful death attorney specializing in these fields is well-acquainted with the intricacies of Nevada’s wrongful death and survival action statutes, and can provide tailored advice based on the nature of your case.
• Valuation of Damages: Your lawyer can accurately evaluate and quantify both tangible and intangible damages for your claim, such as loss of companionship or pain and suffering endured before death.
• Complex Evidence Handling: Your attorney can effectively gather and present evidence that specifically supports your loved one’s claim, crafting a compelling case in your family’s favor.
• Litigation Experience: If your case goes to court, your attorney will be familiar with the nuances of presenting wrongful death and survival action cases to a jury. He or she can guide you through every stage of the courtroom process.

Securing legal representation is an important step on the path to justice. If you are considering a wrongful death lawsuit or a survival action, contact a personal injury lawyer in Las Vegas as soon as possible to plan your path forward.