If you are left behind after a wrongful death, you may be entitled to compensation from the party responsible for your loved one’s death. In Nevada, there are two types of wrongful death cases: survival actions and wrongful death settlements. The difference between these types of cases is crucial because they determine who is eligible to receive money in a settlement or award.
In this article, we take a look at how wrongful death settlements are divided in Nevada. We also study some of the related information to wrongful death settlements in the state.
The Difference Between a Wrongful Death and a Survival Action
If you’re reading this article, you may be wondering what the difference is between a wrongful death and survival action. A wrongful death lawsuit is filed against the person who caused your loved one’s death. This can be someone who negligently, carelessly or recklessly caused the accident that led to your loved one’s demise. It can also be someone who committed a crime against them with intent to kill or if they intentionally or knowingly commit suicide with malice aforethought by engaging in conduct likely to cause death or serious bodily injury.
A survival action is different from a wrongful death because it does not require proof of negligence on behalf of the defendant. Instead, these types of cases are based on whether an injury has been sustained by an individual who has suffered some other type of harm as a result of their own actions but survived until receiving medical attention.
Spouses vs. Children or Dependents
As you might expect, dependents are entitled to a larger portion of the wrongful death settlement than spouses. This is because children typically require more financial support than spouses do, and they also have fewer ways to earn money for themselves.
In some cases, children will receive free tuition at the college of their choice. In others, the money may be put into an interest-bearing account that can be accessed when they reach adulthood. If there are no dependent children involved in your case but only parents or siblings, then those individuals will also receive part of your settlement as compensation for their loss.
Wrongful Death Settlement Distribution in Nevada
In Nevada, the distribution of a wrongful death settlement is determined by the state’s wrongful death statute. The statute specifies that the settlement or award is to be distributed among the decedent’s surviving spouse, children, and/or other dependents in proportions determined by the court to be just.
The court may also consider the needs of any minor children, as well as the financial resources of the surviving spouse and dependents. If there are no surviving dependents, the settlement or award may be distributed among the decedent’s heirs according to the laws of intestate succession.
It’s important to note that each state has its own laws on how wrongful death settlements are divided. Consult with a lawyer who is familiar with the law of the specific state where the wrongful death occurred.
Amount of Wrongful Death Settlement
The amount of a wrongful death settlement in Nevada can vary widely depending on the specific circumstances of the case. Factors that may be considered when determining the settlement amount include the victim’s age, earning potential, and the financial impact on the victim’s family, as well as the degree of negligence or fault of the defendant. It is best to consult an attorney to get an estimate of the settlement amount in your case.
If you’re left behind after a wrongful death, you may be entitled to compensation from the party responsible for your loved one’s death.
As you can see, the distribution of a wrongful death settlement is complicated. The law is designed to protect surviving family members who are left behind after a loved one’s passing. However, it’s up to the court to determine how much money each person will receive based on their relationship with the deceased person and the circumstances surrounding their death.
Contact the Nevada wrongful death attorneys at Bourassa Law Group, who are skilled and experienced in dealing with wrongful death cases.
Call us at (800)870-8910 for a free consultation!
1-800-870-8910