Many clients ask what are the chances of winning a wrongful death suit in Nevada? Pictured here is a mother and child at a gravesite before deciding to pursue a wrongful death suit.

If you’ve lost a loved one under tragic circumstances, you may have wondered what are the chances of winning a wrongful death suit in Nevada? How can I get the resources I need to move forward? How can I get justice, and honor their memory? What can I do to ensure this doesn’t happen to anyone else? 

While nothing can replace or truly compensate you for the loss of a loved one, receiving compensation in a wrongful death claim can alleviate the financial burden of losing them and assist with non-monetary damages. It can also help grieving families seek accountability and closure through legal action against those responsible for the wrongful death.

Wrongful death suits are often very complex, and need to be proven. The insurance company or party responsible for compensating the departed’s family and heirs will be looking to pay as little as possible in a settlement. That’s why having an experienced, compassionate attorney to negotiate on your behalf and guide the process during this time of grief can help ensure you get the maximum compensation you deserve.

What are the chances of winning a wrongful death suit?

Not all wrongful death lawsuits are eligible to receive compensation. A successful case must be able to provide proof of death, evidence that another party was at fault for the death, and proof that surviving family members have experienced damages that resulted from the victim’s death. Experts such as a wrongful death attorney can help assess whether the survivor has a strong case and determine the amount of compensation to claim. Having an experienced lawyer by your side can increase the odds of winning a wrongful death suit.

If you are not sure if you have a strong claim, get a free consultation. Matt Dion and his associates will help you determine your chances of winning a wrongful death suit. 

Attorney Matthew “Matt” Dion and his associates have secured millions in settlements. He has insider knowledge on how insurance companies work as he represented major insurance carriers for 9 years before switching sides to help clients recover damages against insurance companies and defendants. Dion has more than 30 years of experience, awards and top notch peer rating. The leading cause of death for Americans ages 1-44 years old is unintentional injury such as motor vehicle crashes, poisoning, and slips and falls. When that death is caused by another person, company or organization — perhaps through negligence, carelessness or violent crime — and it damages the family members, the best course of action may be a wrongful death case to help the family move forward.

What is the average wrongful death settlement?

A wrongful death claim is designed to compensate the family for their loss and reduce resulting economic burdens. While it may seem hard-hearted to put a price on human life, courts must do it all the time to decide cases. Wrongful death attorneys calculate potential wrongful death settlements by considering a person’s potential earnings over an average lifespan, additional costs to the family such as funeral expenses, whether the victim experienced prolonged pain and difficulties from the incident before succumbing, if the victim had any dependents, and the pain and suffering damages caused by losing their beloved prematurely. 

Those seeking justice and to discourage people from similar bad behavior may reach their aim using large monetary awards called punitive damages. Punitive damages may also factor in if a wrongful death was caused by careless negligence or criminal intent. Nevada’s limit for punitive damages is $300,000 if the total compensation for other damages is less than $100,000. Otherwise, Nevada does not limit the amount of compensation that can be received for damages in most cases.

While some states limit the amount of money that can be awarded for noneconomic damages, Nevada does not except in the case of medical malpractice — which caps at $350,000 — or if you are a public employee suing the government. Public employees are limited to $100,000 without interest.

After winning their lawsuit, many clients need to find out if their wrongful death settlements are taxable.

Are wrongful death settlements taxable?

The Internal Revenue Service (IRS) makes parts of wrongful death settlements non-taxable because it is classified as a claim resulting from physical illness or personal injuries. But some parts may be taxable including punitive damages and portions of a settlement related to emotional distress, medical bills and expenses deducted from income assuming the cause was not from personal injury or illness.

There are parts of a wrongful death lawsuit that are taxable, as they are not associated with personal injuries or physical illness as defined by IRS Rule 1.104-1.

Who receives the money in a wrongful death lawsuit in Nevada?

Not everyone related to the deceased can file a wrongful death claim. Nevada law defines it as the victim’s surviving spouse, partner, children, and parents. 

Also, it is critical to discover if the deceased had any debt such as legal debts, credit card debt and medical bills. Without a will, most states will place the proceeds of a wrongful death lawsuit into the victim’s estate. All debts must be paid from the victim’s estate before any legitimate heirs may receive what is left behind. A large amount of debt can leave little for family to inherit, so discussing this with an expert can help you determine the right course of action. 

 

Get Award-Winning ADVOCATEs on YOUR Side

Reno wrongful death attorney Matt Dion & Associates are proud to have been awarded Top 100 Lawyer, Best Car Accident Lawyers in Reno, Top 3 Best Personal Injury Lawyers in Reno, and named a Respected Lawyer.

Reno wrongful death attorney Matt Dion and his associates are proud to have been awarded Top Lawyer in the Top 100 Registry, Best Car Accident Lawyers in Reno, Top 3 Best Personal Injury Lawyers in Reno, and named a Respected Lawyer from RespectedLawyers.com.

Matt Dion & Associates represents Nevada and California clients in a complete range of personal injury matters. Our office is located in Reno. Call 775-737-4500 or contact us online to schedule a free initial consultation.

⭐⭐⭐⭐⭐

Matt Dion did an excellent job with our case. He has a depth of knowledge of the way the insurance industry operates. We greatly appreciated his responsiveness to our inquiries and his attention to detail. He was very good at explaining each situation. His staff was well-trained and helpful. We were very pleased and highly recommend Matt.

Helen N.

Carol Passow
15:51 10 Dec 22
Matt and his staff are very professional, welcoming, and always just a phone call away to help with your needs. I would highly recommend them to anyone seeking an attorney.
Justin Franco
20:45 18 Oct 22
Could not be more pleased with the services I received. The whole firm and staff consistently went out of there way for the outcome that benefited me. Highly recommended
js_loader