Published: April 23, 2024 | Jack Bernstein

If someone else’s negligence caused the death of your loved one, the legal path forward can be confusing. There are two potential avenues for seeking justice – survival actions and wrongful death claims. Understanding these complex areas of Nevada law is crucial, and having attorneys like Jack Bernstein on your side provides the knowledge and support you need during this difficult time.

Key TakeawayWhat That Means For You
Survival actions and wrongful death claims are different legal options.The type of compensation you may be entitled to will depend on your specific situation.
Survival actions cover the deceased’s losses before death.This includes medical bills, lost wages, and pain/suffering.
Wrongful death claims are for the losses of surviving family members.Compensation may include lost income, loss of companionship, and emotional distress.
Nevada has strict deadlines for filing these lawsuits.Don’t delay! Consult a lawyer immediately to avoid losing your rights.
Who can file each claim depends on Nevada law.An attorney can clarify if you are eligible to bring a survival action, wrongful death claim, or both.
A specialized attorney is your best advocate.They understand complex Nevada law and fight for the maximum compensation you deserve.

Survival Actions vs. Wrongful Death: What Families Need to Know

Losing a loved one due to the wrongful actions of another is devastating. Seeking justice can be overwhelming, but it’s important to know you might have options. Here’s a breakdown of the key distinctions between survival actions and wrongful death claims:

Survival Actions: When the Injury Caused the Death

  • The Deceased’s Lawsuit Lives On: Think of a survival action as the lawsuit your loved one could have filed had they survived their injuries, but now continued by their estate.
  • Focus: This is about the losses your loved one directly experienced before their passing, including:
    • Medical expenses related to the injury
    • Lost wages between the time of the injury and their death
    • Pain and suffering they endured

Wrongful Death: Compensation for Your Loss

  • For the Survivors: Wrongful death claims center on the impact your loved one’s death has on those left behind.
  • Types of Loss: These claims can seek compensation for:
    • Loss of the deceased’s income and future earning potential
    • Loss of companionship, guidance, and support
    • Emotional distress of surviving family members
    • Loss of inheritance in some cases

Who Can Bring Each Type of Claim

Understanding who has the legal right to file these different types of lawsuits is crucial. This can be confusing for grieving families, so clarity is key.

Survival Actions

  • The Estate’s Representative: The person named as the executor in the deceased’s will, or appointed as an administrator by the court, is responsible for filing survival actions on behalf of the estate.

Wrongful Death

  • Spouses, Children, or Other Beneficiaries: Nevada law sets a hierarchy of who can file a wrongful death claim:
    • Surviving spouse or domestic partner
    • Surviving children
    • Parents of the deceased, in some cases
    • Other beneficiaries who depended on the deceased for financial support

Nevada Laws: Deadlines and Damages

Nevada, like all states, has specific laws that govern survival actions and wrongful death claims. It’s vital to understand these legal complexities to protect your rights.

Don’t Delay, Time Limits Apply

  • Statutes of Limitations Matter: Nevada law sets deadlines (statutes of limitations) for filing both survival actions and wrongful death lawsuits. These deadlines differ between claim types. Missing the deadline could mean you lose your right to compensation entirely.

Potential Differences in Recoverable Damages

  • Seeking an Attorney’s Guidance: The maximum amount of compensation you might recover can vary between survival actions and wrongful death claims in some cases. An attorney can clarify how these limits apply to your specific situation.

Why You Need an Attorney on Your Side

Losing a loved one in such a traumatic way is an incredibly painful experience. When the added complexities of the legal system come into play, it’s easy to feel overwhelmed. The right attorney provides the clear guidance and compassionate support you need.

Complexity and Emotion

  • We Understand Your Grief These cases occur during one of the most difficult times in a family’s life. We approach your situation with sensitivity and respect while handling the details.
  • Experience Makes the Difference: Navigating survival actions and wrongful death claims can be intricate. Attorneys specializing in this area know the Nevada-specific laws and help you fight for the maximum compensation you deserve under each type of claim.

Getting the Support You Deserve

Don’t walk this path alone. Jack Bernstein Injury Lawyers offers free consultations to help you understand your legal options and rights. We’re here to help you seek justice for your loved one.

FAQs: Survival Actions vs Wrongful Death in Nevada

My father was killed in a car accident caused by a reckless driver. What kind of claim can I file?

You might be able to file both a survival action (on behalf of his estate) and a wrongful death claim. An attorney can assess your specific situation and help determine your best course of action.

How long do I have to file a wrongful death lawsuit in Nevada?

Generally, the statute of limitations is two years from the date of your loved one’s death. However, there can be exceptions. It’s crucial to consult with a lawyer as soon as possible.

Can the person responsible for the death be criminally charged and also sued in a survival action?

Yes. Criminal charges and civil lawsuits (like survival actions) are separate. The outcome of one does not necessarily impact the other.

My sister had no will when she died. Can I still file a survival action?

Yes. If your sister had no will, the court will appoint an administrator for her estate. This person can then pursue a survival action if appropriate.

I’m not sure if my loved one’s death was caused by someone else. Should I even bother speaking to a lawyer?

Absolutely. Attorneys often investigate the circumstances of the death to determine if there’s a case for negligence. Consultations are usually free, and there’s no obligation to file a claim.

Our family is struggling financially after losing my husband. How much does it cost to hire a lawyer for this?

Most wrongful death and survival action attorneys work on a contingency basis. This means you don’t pay anything upfront, and they only get paid if they win your case.

This is so hard to deal with emotionally. Do I really need a lawyer?

While you can file these lawsuits on your own, the process is complex and emotionally draining. Specialized attorneys handle the legal burden, allowing you space to grieve, and they fight to ensure you receive the full compensation you deserve.

I want to do what’s right for my family after this terrible loss. Where do I start?

Schedule a free consultation with a Nevada attorney experienced in wrongful death and survival actions. They can explain your options, answer your questions, and provide the support you need during this difficult time.

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Contact Us for a Free Consultation

If you have been injured in an accident, contact Jack Bernstein Injury Lawyers for a free, no obligation consultation with experienced Las Vegas accident lawyers. You will gain an advocate for every stage in the claims process until you have the compensation you deserve.

Jack Bernstein Injury Lawyers is available to help you handle your injury claim in the Las Vegas metropolitan area and beyond. Jack Bernstein and his team can offer you the personalized service and legal representation you deserve after an accident.

Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.

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