Las Vegas, NV personal injury attorney Keith E. Galliher shares his advice for people dealing with the wrongful death of a loved one. He explains that wrongful death cases are unique and governed by statutory law, which dictates both the damages that can be awarded and who qualifies as plaintiffs. In Nevada, plaintiffs must be the legal heirs of the deceased.

For example, in a case where a husband dies in a car crash, the wife would typically serve as the plaintiff. Damages in wrongful death cases are limited by statute and include compensation for the deceased’s conscious pain and suffering from the time of injury until death. If the death was instantaneous, this component of damages may be minimal.

Other damages include the loss of society, comfort, companionship, and consortium. These are intended to compensate the surviving spouse or family members for the emotional and relational loss caused by the death. However, juries often require convincing evidence of a meaningful relationship between the plaintiff and the deceased to award substantial damages.

He emphasizes the importance of demonstrating the depth and significance of the relationship to the jury. This involves gathering and presenting evidence such as photographs and videos of family gatherings, celebrations, and meaningful moments that show the closeness between the plaintiff and the deceased. This visual documentation helps jurors understand the nature of the loss and why compensation is justified.

Wrongful death cases are inherently challenging because the jury is being asked to award damages to someone other than the deceased, which requires careful and compelling documentation to support the claim.