Losing a loved one because of someone else’s negligence is one of life’s most painful experiences. The wrongful death lawyers at Maier Gutierrez & Associates in Washoe County, Nevada, are here to help families pursue justice and financial relief during this difficult time. We handle every case with compassion and determination, holding negligent parties accountable for the harm they have caused. Our goal is to secure compensation for funeral costs, loss of income, and emotional suffering. Speak with our caring team today by calling 775-406-8981 to schedule your free consultation.
Understanding the Types of Damages in Wrongful Death Cases
Losing a loved one due to someone else’s negligence is one of the most difficult experiences a family can endure. Beyond the emotional pain, there are often serious financial consequences that come with the loss of support, medical bills, and funeral expenses. In Washoe County, families who have lost a loved one because of another party’s careless or reckless actions may be entitled to pursue a wrongful death claim. Understanding the types of damages that can be recovered is an important step in ensuring your family receives the justice and compensation it deserves.
What a Wrongful Death Claim Is Meant to Address
A wrongful death case allows certain family members to seek compensation when a person’s death results from another’s negligence, misconduct, or intentional act. This might involve fatal car accidents, medical malpractice, workplace incidents, defective products, or nursing home neglect. The goal of a wrongful death claim is not to assign a price to someone’s life but rather to provide financial relief for the losses the family has endured.
Nevada law outlines who may bring a wrongful death claim. Typically, the deceased person’s spouse, children, or parents can file, and in some cases, the personal representative of the deceased’s estate may also be eligible. These claims aim to address both tangible and intangible losses, often referred to as “economic” and “non-economic” damages.
Economic Damages and What They Cover
Economic damages are the measurable financial losses caused by the death. These are costs that can be documented and calculated, often with the help of receipts, bills, and financial statements. In a wrongful death case, common examples of economic damages include:
Medical Expenses – If your loved one received medical treatment before passing, those costs may be recoverable. This includes ambulance transport, emergency room care, hospital stays, surgeries, medications, and any other related medical bills.
Funeral and Burial Costs – The costs associated with funeral arrangements, cremation, or burial can be significant. These expenses are typically included in the claim to help ease the financial burden on surviving family members.
Loss of Financial Support – If the deceased contributed to the household’s income, their lost wages and future earning potential are important factors in determining compensation. An economist may be brought in to estimate the value of future earnings based on the person’s age, occupation, and expected career path.
Loss of Benefits – Many individuals provide benefits such as health insurance, retirement plans, or pensions to their dependents. These lost benefits may be included in the damages calculation.
Economic damages are relatively straightforward to document, but accurately projecting future financial loss can be complex. That’s why these cases often rely on expert testimony to create an accurate picture of the long-term financial impact.
Non-Economic Damages and Their Role in a Case
While economic damages deal with tangible losses, non-economic damages focus on the emotional and personal impact of losing a loved one. These are more difficult to quantify, yet they often represent the most profound losses a family experiences. Common examples of non-economic damages include:
Loss of Companionship and Support – The emotional void left by a spouse, parent, or child cannot be measured in dollars, but Nevada law recognizes the importance of compensating for the loss of guidance, love, and companionship.
Emotional Distress – The surviving family members may be compensated for the psychological pain, suffering, and mental anguish caused by the death. This is especially relevant in cases where the death was sudden or traumatic.
Loss of Consortium – This form of compensation typically applies to surviving spouses who have lost the companionship, affection, and partnership that a marriage provides.
Loss of Care and Guidance – For children who lose a parent, courts often recognize the lasting effect of losing parental guidance, nurturing, and protection.
These non-economic damages aim to restore a measure of balance to a family’s life after an irreplaceable loss. Though no amount of money can make up for the pain of losing someone close, these awards can help ease emotional and financial strain as the family rebuilds.
Punitive Damages and When They May Apply
In some wrongful death cases, punitive damages may also be awarded. Unlike economic and non-economic damages, which aim to compensate the family, punitive damages are designed to punish the wrongdoer and discourage similar conduct in the future.
Punitive damages are not awarded in every case. They are typically reserved for situations where the defendant’s actions were particularly egregious or reckless—for example, a fatal crash caused by a drunk driver or a company that knowingly sold a dangerous product without proper warnings.
Nevada courts are cautious when awarding punitive damages, and there are statutory limits on how much can be granted, depending on the circumstances. However, when applicable, these damages serve as a strong message that intentional or grossly negligent behavior will not go unchecked.
How Nevada Law Handles Wrongful Death Compensation
In Washoe County and across Nevada, the law aims to ensure that those responsible for a preventable death are held accountable. Nevada Revised Statutes (NRS) 41.085 governs wrongful death actions, setting guidelines for who can file, what damages may be claimed, and how compensation is distributed.
Under this law, both the heirs and the personal representative of the estate may recover damages. The heirs—often immediate family members—may claim compensation for grief, sorrow, and loss of companionship. The estate representative can recover economic damages such as medical expenses, funeral costs, and lost income on behalf of the deceased’s estate.
Understanding the distinction between these two categories is important because it affects how damages are distributed after a settlement or verdict.
Proving Damages in a Wrongful Death Case
Establishing the full extent of damages requires strong evidence. Financial records, employment documents, tax returns, medical bills, and expert testimony all play a part in building a complete picture of the loss. Emotional damages can be supported through witness statements, testimony from mental health professionals, and personal accounts of how the loss has affected family members.
A skilled wrongful death attorney can gather this evidence, coordinate with experts, and present the case in a way that fully reflects both the financial and emotional toll of the loss.
Why Legal Representation Matters
Wrongful death cases can be legally and emotionally complex. In addition to proving negligence, the claimant must show the full impact of the loss. Insurance companies often try to minimize payouts, offering settlements that fall short of what a family truly deserves. An experienced attorney can negotiate on your behalf, ensuring that no damages—economic or emotional—are overlooked.
Having someone familiar with Nevada’s wrongful death laws can also help families navigate deadlines and procedural requirements, which vary depending on the case’s specifics. Legal support allows families to focus on healing while ensuring that their rights are protected.
Moving Forward After a Loss
Nothing can replace the presence of a loved one, but securing justice can help families find a sense of closure. Understanding the different types of damages available in a wrongful death case is an important step in that process. Compensation can provide stability, cover ongoing expenses, and acknowledge the depth of the loss suffered.
Honor Your Loved One’s Memory With Help From a Wrongful Death Attorney
Losing a loved one due to negligence is an unimaginable tragedy. The wrongful death attorneys at Maier Gutierrez & Associates in Washoe County, Nevada, are here to help families find justice and closure. We fight to hold the responsible parties accountable and pursue the financial compensation you need to rebuild your life. While no amount of money can replace your loss, a fair settlement can ease the burden of medical costs and lost income. Let us help you seek justice with compassion and care—call 775-406-8981 today to speak with a dedicated wrongful death attorney.