Nevada Wrongful Death Lawyer

Who can bring a wrongful death claim in Nevada?

Nevada allows both the heirs and the personal representative of the estate to bring claims. Heirs, such as a spouse, children or parents, recover for their own losses. The personal representative recovers losses that belong to the estate.

That structure means one death can produce several related claims. The heirs' claims focus on grief, lost support and lost companionship. The estate's claim covers costs such as medical bills and funeral expenses, and may include other damages the person could have claimed. Our team helps families identify who should bring which claim and coordinates them so nothing is missed.

What losses can a Nevada family recover?

Nevada wrongful death damages can include both financial and personal losses. The amount depends on the person's life, work and relationships.

Heirs may recover:

• Grief and sorrow from the loss.
• Lost financial support.
• Loss of companionship, comfort and consortium.
• The value of guidance, care and household services.

The estate may recover:

• Medical expenses before death.
• Funeral and burial costs.
• Other losses the person suffered before dying.

In cases involving especially reckless conduct, additional damages may be available. When a death resulted from medical negligence, Nevada's cap on noneconomic damages in malpractice cases may limit part of the recovery. See our Nevada medical malpractice page.

How long does a Nevada family have to file?

Generally two years from the death. That is a short window for a family dealing with grief, funeral arrangements and often an out-of-state move.

Some cases have extra steps. Deaths involving medical care may require expert support at filing, and claims involving government vehicles or property can bring additional procedures and limits. When the person who died was a visitor, families often live far away, which makes early action even more important.

What fatal accidents lead to claims in Nevada?

Many Nevada wrongful death cases come from crashes, resort and pool incidents, and medical errors. Tourism and long desert highways shape the risks.

Common examples include:

• Pedestrian deaths near the Strip and on wide boulevards.
• Head-on crashes on US-95, US-93 and other two-lane highways.
• Truck crashes on I-15 and I-80.
• Drownings at resort pools and lakes.
• Heat-related deaths during work or guided tours.
• Emergency room and surgical errors.

When a death happened at work, workers' compensation death benefits are usually available and generally prevent a suit against the employer. A separate claim may still exist against a contractor, equipment maker or driver.

How does fault affect a Nevada wrongful death claim?

The family's recovery is reduced by the percentage of fault assigned to the person who died, and the family recovers nothing if that share is greater than 50%.

Here is an example. A man is killed while crossing a Las Vegas boulevard at night when a speeding driver strikes him. The family's damages total $1,500,000. The driver's insurer argues he crossed outside a crosswalk. If a jury assigns him 25% of the fault, the family receives $1,125,000. If the jury assigns him 51%, the family receives nothing. Lighting, speed and visibility evidence often decide these cases. Our pedestrian accidents page covers these claims in more depth.

Does a criminal case affect the family's civil claim?

The two cases are separate. A criminal case is brought by prosecutors to punish the driver or wrongdoer. The family's civil case seeks compensation and uses a lower standard of proof.

A conviction can help the civil case, and police evidence may be useful. But the family does not have to wait for the criminal case to end, and the civil deadline keeps running. A civil case can also succeed when no criminal charges are filed.

What should a grieving family do first?

Focus on each other, and let our team handle the legal steps. Some early actions protect the claim:

1. Gather the death certificate, police report and medical records.
2. Keep insurance letters and avoid recorded statements.
3. Save pay records and evidence of the person's contributions to the family.
4. Talk with our team about who should bring the claim and whether an estate must be opened.

Learn more on our wrongful death practice page and our Nevada injury law overview.