Losing a loved one due to someone else’s negligence can be a devastating experience, often leading families to seek justice through wrongful death lawsuits. It’s critical to understand the damages that can be claimed in these situations. The emotional and financial issues associated with the loss may be lessened in part by these damages.
In Las Vegas, a city known for its vibrant entertainment industry and growing economy, the need for legal representation in these sensitive matters is significant.
A wrongful death attorney in Las Vegas can provide families the guidance they need during this challenging time.
Types of Damages in Wrongful Death Cases
When pursuing a wrongful death claim, three primary categories of damages may be awarded: economic, non-economic, and punitive. Every category has a specific function and deals with various facets of the survivors’ loss.
Economic Damages
Economic damages involve tangible financial losses directly resulting from the deceased’s death. Common examples include:
- Medical Costs: Costs incurred for medical treatment before death.
- Burial Expenses: Costs associated with burial or cremation services.
- Lost Wages: Income that the deceased would have earned had they lived.
- Loss of Benefits: This may include retirement benefits or health insurance that would have been available to the deceased.
These damages are simpler to measure and can be supported by records like invoices, pay stubs, and receipts.
Non-Economic Damages
Non-economic damages address the intangible losses suffered by the survivors. These can include:
- Emotional Distress: The psychological impact of losing a loved one.
- Loss of Companionship: The absence of love, support, and companionship from the deceased.
- Pain: The physical pain experienced by the deceased before passing away.
A study found that after implementing caps on non-economic damages, the probability of receiving major interventions (like angioplasty or bypass surgery) declined by 1.25-2 percentage points among heart attack victims. This suggests that such caps can reduce treatment intensity.
Proving non-economic damages can be more complex since they do not have a clear monetary value. Survivors may need to provide testimony or other evidence to establish these claims.
Punitive Damages
The defendant receives punitive damages for a serious mistake that resulted in the wrongful death. These damages may be appropriate in cases where the defendant acts knowingly or was grossly negligent. The goal is to deter future instances of this kind of behavior.
Survival Action Damages
In some jurisdictions, survival action damages may also be claimed. These refer to losses the deceased could have claimed had they survived their injuries. This includes any medical expenses incurred before death and lost wages.
Conclusion
It is tragic when a loved one dies as a result of the carelessness or deliberate actions of another person. This should not go unpunished. The purpose of the damages that can be granted in a wrongful death case is to provide the surviving family members with a sense of justice and financial stability. Do not hesitate to get legal aid from a skilled wrongful death lawyer if you have suffered such a loss. They can defend your rights and help you get the compensation you deserve.
