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Wrongful Death Claims for Motorcycle Accidents

June 16, 2023 | 5 min read

After a motorcycle death in Las Vegas, the family of the deceased may be able to seek compensation in a wrongful death claim if someone else was at fault for the crash.

In Nevada, bikers are 28 times more likely to die in an accident than other motorists. If you lost a loved one in a motorcycle accident, contact the experienced attorneys at Burg Simpson Law Firm now online or at 702-668-2070 for a FREE and confidential case evaluation.

What Is Considered Wrongful Death in Nevada?

In Nevada, wrongful death claims are civil actions that arise when a person is killed as a result of a wrongful act or the negligence of someone else. In these situations, surviving family members (or the executors of the victim’s estate) can pursue compensation for their financial and emotional losses (see NRS 41.085).

Who Can Sue for Wrongful Death?

Only surviving family members or a personal representative of the deceased’s estate can file a wrongful death lawsuit in Nevada. If the victim is unmarried and childless, siblings or the closest surviving family member who is not a parent or sibling would be heirs. If a married person is wrongfully killed, that person’s surviving spouse, domestic partner, or children would be the heirs.

Potential Damages in a Las Vegas Wrongful Death Claim

The tragic loss of a loved one can be one of the most difficult experiences in a person’s life. The passing of a family member can lead to a number of psychological and emotional hardships, especially when the death was unexpectedly caused by someone’s negligence.

A sudden, unexpected death can also cause significant financial burdens. As a surviving family member, you may be facing medical bills, funeral costs, lost income, and more.

If your family has been impacted by a motorcycle death in Las Vegas, you deserve justice. A wrongful death lawsuit can help you pursue the compensation you deserve. While no monetary award can undo the pain and heartache of losing someone dear, damages in a wrongful death claim can help your family stay financially afloat during a difficult time.

Economic Damages

Economic damages involve the financial losses incurred after a wrongful death, from immediate costs like funeral expenses to lost future income. Economic damages can include:

Funeral and Burial Costs

Funerals can be costly, involving a variety of potential expenses, such as:

  • Casket
  • Burial
  • Embalming
  • Cremation
  • Monument
  • Transportation
  • And more

Medical Expenses

Not all injuries are immediately fatal. In these cases, your family may face extensive medical bills for care provided before your loved one passed, such as:

  • Emergency treatment
  • Hospitalization
  • Surgeries
  • Medications
  • Pain management and palliative care 
  • Hospice care

If the injuries that caused your loved one’s death were the result of someone else’s negligence, you may be entitled to compensation for these medical expenses. 

Lost Earnings

One of the biggest challenges faced by families after the death of a loved one is the sudden loss of financial support. Surviving family members may seek damages for lost wages expected over the decedent’s lifetime.

Families may also be entitled to compensation for other economic losses, such as:

  • Loss of inheritance
  • Loss of pension
  • Loss of benefits, such as employer-provided health insurance

Following the wrongful death of a family member, it is crucial to accurately calculate your family’s total economic losses. A wrongful death lawyer will gather evidence and call on experts to determine the full value of your claim.

Non-Economic Damages

The financial losses incurred after a wrongful death are only part of the story, and often not the most difficult part. The psychological and emotional strains suffered by those left behind—and the pain experienced by the deceased before passing—can be the most challenging to overcome.

However, determining the value of these types of non-economic losses can be less straightforward without the assistance of a knowledgeable attorney on your side. A wrongful death lawyer has experience calculating these losses and can pursue the full and fair compensation to which you may be entitled under the law.

Mental Anguish of Surviving Family Members

As mentioned above, few things in life are as devastating as the loss of someone dear, even more so when the death was unexpected. Not only can this anguish diminish your quality of life, but it may also affect your physical health and wellbeing.

Nevada law allows surviving spouses, dependent children, parents, and other surviving family members to pursue compensation for this suffering.

Lost Companionship

Relationships are key aspects of our quality of life, and no relationships are more important than the bonds we share with family. When a family member is unfairly taken because of someone’s negligent actions, Nevada law allows for surviving family members to pursue compensation for this loss.

Loss of Support

In addition to the loss of companionship, you may have also relied on the help and support of your lost family member in everyday life. This may include housework, child care, and other duties for which you must find another means of completing. This additional burden can make life more difficult for you, which is why you may be able to recover compensation for this loss.

The Decedent’s Pain and Suffering

Before passing, accident-related injuries may have caused the deceased to suffer considerable pain. Nevada law allows surviving family members to pursue compensation for the pain their loved one suffered, before their untimely passing.

Punitive Damages

Unlike “compensatory damages” (such as lost wages, lost earning capacity, and medical bills), punitive damages do not reflect your losses. Instead, they are intended to punish wrongdoers and set an example to deter others from behaving similarly.

Although rare, Nevada does award punitive damages in cases when the defendant’s conduct is found to involve particularly egregious behavior, which can include fraud, malice, or oppression (see NRS 42.005). 

Under Nevada law, punitive damages have a cap in certain circumstances ($300,000 if the amount of compensatory damages awarded is less than $100,000, or three times the amount of compensatory damages awarded if the amount of compensatory damages is $100,000 or more).

However, there is no limit on the amount of punitive damages you can recover in Nevada if your case involves a manufacturer, distributor or seller of a defective product, or a motor vehicle accident caused by a drunk or drugged driver (among other exceptions).

Maximize Your Personal Injury Settlement

The accomplished wrongful death attorneys at Burg Simpson Law Firm have recovered more than $2 billion in verdicts and settlements on behalf of our clients. If you lost a loved one in a motorcycle accident, we have the experience, knowledge, and results you can trust.

However, it is crucial to act quickly. You only have two years to bring a wrongful death claim for a motorcycle death in Las Vegas. If you fail to bring a claim within the 2-year statute of limitations, you will lose your opportunity to recover the compensation you deserve. 
Do not face your loss alone. Contact Burg Simpson for a FREE and confidential case evaluation. Our wrongful death lawyers serve clients in Las Vegas and all of Nevada.