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

The heir’s loss of probable support, companionship, society and comfort. In determining that loss you may consider not only the benefits that the heir was reasonably certain to have received form the earnings and services of [his] [her] child during the child’s minority, but also the support and financial benefit which it is reasonably certain the heir would have received from the child after the latter’s majority and during the period of their common life expectancy.

You may consider also what loss, if any, the heir was suffered, and will suffer in the future with reasonable certainty, by being deprived of the love, companionship, comfort, affection, society, solace or moral support of the child.

As an offset against the factors of loss mentioned, you should take into consideration what it would have cost the heir to support and educate the deceased child, had [he] [she] lived.

In weighing these matters, you may consider:

  1. The age of the deceased and of the heir;
  2. The state of health and physical condition of the deceased and of the heir as it existed at the time of death and immediately prior thereto;
  3. Their station in life;
  4. heir respective life expectancies as shown by the evidence;
  5. The disposition of the deceased, whether it was kindly, affectionate, or otherwise;
  6. Whether or not [he] [she] showed a likelihood of contributing to the support of the heir;
  7. The earning capacity, if any, of the deceased; and
  8. All other facts in evidence that throw light upon the question of what benefits the heir might reasonably have been expected to receive from the deceased child had [he] [she] lived.

With respect to the matter of life expectancy, you must keep this point in mind: the prospective period of time that will be of concern to you if you decide in favor of [any] [the] heir is only the shorter of the two life expectancies, that of such heir or that of the deceased child, as one can derive a benefit form the life of another only so long as both are alive.

NEV. J.I. 10.14

BAJI 14.52

NRS 41.085(4)

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator. Peers have named him an AV-Rated Lawyer, Best Lawyers, a Top 100 Super Lawyers in the Mountain States multiple years, and to the Legal Elite and Top Lawyers lists for many years. Mr. Young has been appointed a part time Judge, a Special Master to the Clark County, Nevada Business Court, as an arbitrator by the Nevada Supreme Court. He has been appointed as an arbitrator or mediator of well over 250 legal disputes from business disputes to personal injury matters. He has been named Best Lawyers for Arbitration. Mr. Young is a respected author of ten books, including A Litigator’s Guide to Federal Evidentiary Objections, A Litigator’s Guide to the Federal Rules of Evidence, and the Federal Court Civil Litigation Checklist.
Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.