Las Vegas, NV personal injury attorney Keith E. Galliher shares his advice for people dealing with the wrongful death of a loved one. Wrongful death cases are governed by statutory law, which outlines the damages that may be awarded and specifies the eligible plaintiffs, typically requiring them to be heirs. For instance, if a husband is the victim of a wrongful death due to a car crash, his wife would serve as the plaintiff in the wrongful death action.

Statutory law limits the damages in a wrongful death case to the conscious pain and suffering experienced by the deceased from the time of injury until death. In instances where the individual dies instantly in an accident, there may be minimal claims related to pain and suffering. Consequently, the focus often shifts to the loss of society, comfort, companionship, and consortium, necessitating that the plaintiff demonstrate the nature of their relationship with the deceased.

The jury must be convinced to award damages to someone other than the deceased, and if they perceive that the relationship between the plaintiff and the deceased was not sufficiently close or significant, they may be hesitant to grant substantial compensation. From the jury’s viewpoint, they may question the rationale for the monetary award if it appears to benefit someone who lacked a meaningful connection to the deceased.

To bolster a wrongful death case, it is essential to document the relationship between the plaintiff and the deceased. This may involve collecting photos and videos from family gatherings and other significant events that depict the bond shared. Such evidence can aid the jury in understanding the depth of the relationship and provide justification for compensating the plaintiff.