When you are left behind after the unexpected loss of a loved one, you have the right to seek a monetary value for their life through a wrongful death claim. Understanding the potential types of damages in Reno wrongful death cases can help you determine the amount of your claim.
There are potentially three types of damages in wrongful death cases: economic, noneconomic, and punitive. Economic damages compensate survivors for their financial losses. Noneconomic damages compensate people for nonfinancial losses. Punitive damages punish the wrongdoer. A compassionate wrongful death attorney can examine all three aspects of your claim, estimate a reasonable amount, and use those figures to help guide requested awards and settlement discussions.
In wrongful death cases, spouses, children, parents, and siblings can all be eligible for compensation. Spouses and children have the first right to file a claim. Parents can file a suit when the deceased has no spouse or children. When there are no parents, siblings can recover.
The estate’s representative has a superior right to bring a wrongful death claim on behalf of the estate when the deceased had a will at the time of their death. The will governs the distribution of their assets. If the will does not dictate who will receive what, the survivors will collect according to the intestate statutes.
The surviving spouse is the first person to inherit under intestate succession. Children are next after the spouse, followed by parents, siblings, and other relatives.
Both the children and the spouse have the same right to bring a lawsuit for wrongful death in Reno. The children have a right to recover damages under those lawsuits. They may or may not be required to share damages with a spouse when there is one. An attorney can advise families about the distribution of damage awards in those cases.
Compensatory damages repay survivors or estates for their losses. They include economic and noneconomic damages. Damages available to the decedent before they died are recoverable in a survival action.
Some examples of damages available in a wrongful death case include:
Additional compensatory damages, including the deceased’s pain and suffering prior to death, are available in survival actions. In many instances, the estate and the family will join their claims to recover all compensatory damages.
Punitive damages are not available in most wrongful death claims. Punitive damages exist to punish a wrongdoer for their bad behavior. Generally, negligent behavior does not rise to this standard. To be eligible for punitive damages, the survivors must prove the wrongdoer’s behavior was reckless or malicious.
Some circumstances that might support an award of punitive damages include drunk driving accidents, assaults leading to death, and medical malpractice.
An attorney in Reno could advise survivors whether punitive damages are available in their wrongful death claim.
One of the most critical questions surviving family members may have is about the value of a wrongful death claim. Knowing the potential payoff helps families determine whether a lawsuit is the right decision for their family.
Some factors that can influence the amount of the damage include
The courts will take a holistic approach that examines tangible and intangible losses to determine awards.
While a wrongful death case can bring survivors a sense of justice, it can also be emotionally difficult for loved ones. Evaluating the potential value of a claim can give you the information you need to determine whether it is the right decision for your family. Schedule a consultation with an attorney to learn more about damages in Reno wrongful death cases.
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