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WRONGFUL DEATH OF ADULT; HEIR AS PLAINTIFF; LOSS OF PROBABLE SUPPORT, COMPANIONSHIP, SOCIETY, COMFORT AND CONSORTIUM

The heir’s loss of probably support, companionship, society, comfort and consortium. In determining the loss, you may consider the financial support, if any, which the heir would have received from the deceased except for his death, and the right to receive support, if any, which the heir has lost by reason of his death.

[The right of one person to receive support from another is not destroyed by the fact that the former does not need the support, nor by the fact that the latter has not provided it.]

You may also consider:

  1. The age of the deceased and of the heir;
  2. The health of the deceased and of the heir;
  3. The respective life expectancies of the deceased and of the heir;
  4. Whether the deceased was kindly, affectionate or otherwise;
  5. The disposition of the deceased to contribute financially to support the heir;
  6. The earning capacity of the deceased;
  7. His habits of industry and thrift; and
  8. Any other facts shown by the evidence indicating what benefits the heir might reasonably have been expected to receive from the deceased had he lived.

With respect to life expectancies, you will only be concerned with the shorter of two, that of the heir whose damages you are evaluating or that of the decedent, as one can derive a benefit from the life of another only so long as both are alive.

NEV. J.I. 10.13

BAJI 14.50

NRS 41.085(4)

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.

 

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