How Wrongful Death Damages Are Divided Among Heirs in Nevada

Losing a loved one can be one of life’s most painful experiences, but when a loved one’s life is cut short because of someone else’s actions, a death that could have been avoided, it makes the pain even more challenging to bear. As a family member of a wrongful death victim, you are not only dealing with the emotional burden but also with financial burdens, including medical bills, funeral costs, a lot of unanswered questions, and a deep desire for justice.

In Nevada, the law gives family members the right to seek compensation through a wrongful death claim. Compensation can help you deal with the emotional and financial problems caused by loss. However, once a settlement is reached and the compensation has been awarded, a big question follows: How should the damages or compensation be shared among the surviving family members?

This part of the process can be confusing and sometimes emotionally stressful, especially when family members have different ideas about what is fair. Although Nevada law has rules that can help guide how compensation is divided, each case is unique. The amount each person receives depends on their relationship with the deceased victim and how much they were affected by the loss.

In this blog, we will explain who can receive damages in a wrongful death case and how it is divided under the law in Nevada. If your loved one is a victim of a wrongful death, you will need the help of your lawyer to guide you through the legal process, protect your rights, and make sure each surviving family member gets the fair compensation they deserve. Our experienced team of dedicated lawyers can also help you understand your options and deal with insurance companies or the party at fault so that you do not have to go through the legal process alone during such a difficult time.

Why Hire Our Wrongful Death Lawyer?

At Leverty & Associates Law, we understand that no amount of money can replace a loved one. Still, a fair and lawful distribution of wrongful death damages can help bring a sense of closure and stability during a difficult time. This is why we will fight aggressively to help you recover the compensation for your loss and help make sure it is distributed fairly.

Our experienced wrongful death attorneys understand how devastating it can be to lose a loved one because of the negligence or wrongful act of another person. The laws related to wrongful death can be confusing, but we are here for you. We will explain all you need to know and help you make decisions you feel comfortable with. Contact us today in Reno at (775) 322-6636 for a free initial consultation.

We are committed to assisting you in navigating the intricacies of wrongful death cases.

Who Can File a Wrongful Death Claim in Nevada?

When your loved one dies because of another person’s negligence, some certain family members can take legal action to get compensation – but not all. Those who are permitted can file for compensation to cover medical bills, funeral costs, pain and suffering, and loss of companionship. In Nevada, eligible family members include:

  • The deceased person’s closest family members, such as their spouse, children, or parents (if there are no children).
  • The person who manages the deceased’s estate. This person is referred to as the personal representative.

How Are the Damages Divided Among Family Members?

After the case has been settled in court and compensation awarded, the next step is determining how the compensation should be divided among the heirs. Each state has rules to help with this, but each heir’s share in Nevada depends on their relationship to the deceased.

Nevada courts look at each heir’s relationship with the deceased. The more emotionally and financially dependent the heir was on the deceased, the larger the share of compensation. For example, a spouse who lived with and depended on the deceased will most likely receive more than an adult child who did not rely on them financially. Young children who need the deceased for care and support may also receive a significant share.

What Family Members Should Know When Dividing Wrongful Death Damages in Nevada

As a surviving family member of a wrongful death victim, the following is what you should expect when dividing wrongful death damages:

The Damages From a Wrongful Death Claim Can’t Be Treated Like Money Left in a Will

The damages from a wrongful death claim are not part of the deceased’s estate. Therefore, they cannot be treated as if they were left in a will. Instead, they are divided according to Nevada’s wrongful death laws or based on an agreement between family members.

When Heirs Disagree, a Judge Might Step In

Sometimes, the deceased’s family members disagree on how to divide the damages. In this case, a judge may have to decide. The judge will consider each person’s relationship with the deceased and how much they have been affected by the loss. The goal is to divide the money fairly, not necessarily equally.

What Kind of Compensation Can Be Awarded?

In a wrongful death case, the compensation awarded to the heirs will include and may cover the following:

  • Funeral and burial costs
  • Medical bills from the final illness or injury
  • Wages the deceased would have earned or the money they would have provided for their family if they were still alive
  • Emotional pain and grief suffered by family members
  • Loss of love, care, and companionship.

While nothing can replace the loved one you have lost, the financial compensation you may be entitled to can help you move forward. 

Get Help From Leverty & Associates Law

At Leverty & Associates Law, we have many years of experience and knowledge that have helped us work successfully with our clients. Our dedication has earned positive testimonials and excellent relationships with those we have represented. Let our firm help you get justice. Contact us at (775) 322-6636 for a free consultation.

Attorney Patrick Leverty

Attorney Patrick LevertyWith his master’s in insurance law, Patrick routinely helps individuals and businesses who are having issues with their insurance company. He also has extensive experience with personal injury actions, complex tort actions, product liability matters, and class actions. Patrick Leverty is rated AV by Martindale Hubbell (the highest rating) and has been granted membership in the Million Dollar Advocate Forum, and Multi-Million Dollar Advocate Forum. Patrick Leverty has been certified as a Personal Injury Specialist by the State Bar of Nevada. [ Attorney Bio ]

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