Nevada Wrongful Death Law FAQs

Under Nevada’s wrongful death laws, if a person dies due to the wrongful act or negligence of another person or entity, the surviving family has the legal right to pursue a wrongful death claim. The purpose of this claim is to provide compensation for the full value of the decedent’s life and to address the economic and emotional losses suffered by their family.

Nevada’s wrongful death statutes are outlined in NRS 41.085, and this page focuses on the civil justice system rather than the criminal justice system, which is handled by the appropriate prosecuting authorities.

What Is a Wrongful Death Claim in Nevada?

In Nevada, a death is considered wrongful if it is caused by the negligence, recklessness, or intentional misconduct of another person or business without legal justification.

Examples include:

• A reckless driver causing a fatal car accident.
• A property owner failing to fix known hazards, leading to a fatal accident.
• Medical malpractice resulting in death.

The purpose of the civil justice system is to compensate the surviving family members and the victim’s estate for the loss of life and the damages resulting from that loss.

Who Can File a Wrongful Death Claim in Nevada?

Nevada law establishes a hierarchy of individuals and entities who can file a wrongful death claim:

1. Close Family Members

• Surviving spouse or domestic partner: A spouse or registered domestic partner of the deceased has priority to file a wrongful death claim.
• Children: If there is no surviving spouse or domestic partner, the decedent’s surviving children may file the claim.

2. Parents

• If the deceased had no spouse, domestic partner, or children, the victim’s parents may file a claim.

3. Personal Representative of the Estate

• The personal representative of the decedent’s estate may file a claim on behalf of the estate to recover damages, such as medical expenses, funeral costs, and other losses.

What Damages Can Be Recovered in Nevada Wrongful Death Cases?

1. Economic Damages

These are measurable financial losses resulting from the death, including:

• Funeral and burial expenses.
• Loss of income and financial support the deceased would have provided.
• Medical expenses incurred before death.
• Loss of benefits, such as health insurance or retirement contributions.

2. Non-Economic Damages

These are intangible losses suffered by the family, including:

• Loss of companionship, love, and support.
• Emotional pain and suffering of the surviving family members.

3. Estate Claims

The decedent’s estate can bring a separate claim to recover:

• Medical bills.
• Burial expenses.
• Damages for pain and suffering experienced by the decedent prior to death.

How Are Wrongful Death Damages Distributed in Nevada?

Nevada law specifies how damages from a wrongful death case are divided:

• Family Claims: Compensation for non-economic damages, such as pain and suffering, is awarded directly to the family members who brought the claim.
• Estate Claims: Compensation for economic damages, such as funeral expenses, medical bills, and lost earnings, is awarded to the decedent’s estate and distributed according to the decedent’s will or Nevada’s intestacy laws if no will exists.

How Is Wrongful Death Compensation Determined in Nevada?

Nevada courts focus on the losses suffered by the surviving family members and the value of the decedent’s life.

Factors Considered Include:

1. The deceased’s age, health, and earning capacity.
2. The relationship between the deceased and the claimants.
3. The economic and emotional contributions the deceased made to their family.

Non-economic damages, such as the loss of companionship, are subjective and vary based on the jury’s assessment.

How Long Do Families Have to File a Wrongful Death Claim in Nevada?

The statute of limitations for filing a wrongful death lawsuit in Nevada is two years from the date of the death.

Exceptions That May Extend or Shorten the Deadline:

• Government Liability: If a government entity is responsible for the death, strict notice requirements and shorter deadlines may apply.
• Criminal Acts: In cases involving criminal acts, such as murder or vehicular manslaughter, the statute of limitations may be tolled (paused) until the criminal case concludes, up to a certain limit.

Helping You Make Informed Decisions

If you are reading this because you have lost a loved one, we are deeply sorry for your loss. Nevada’s wrongful death laws can be complex, particularly when it comes to balancing estate claims and family claims.

At Brian Boyer Injury & Car Accident Lawyer Las Vegas, we are committed to educating and supporting our clients so they can make informed decisions. Our compassionate and experienced wrongful death attorneys are here to help you pursue justice and secure the compensation your family deserves.

Contact us for a free consultation at Brian Boyer Injury & Car Accident Lawyer Las Vegas. We work on a contingency fee basis, meaning you pay nothing upfront, and we only get paid if we win your case.

Let us provide the guidance and advocacy you need during this difficult time.