No legal case can replace a family member. When a person dies because of someone else’s negligence — in a car or truck crash, a pedestrian or motorcycle collision, a workplace incident, or any other preventable event — a wrongful death claim serves two practical purposes: it holds the responsible party accountable, and it provides financial security for the people the deceased left behind. It also has strict rules and deadlines that do not pause for grief, which is why families benefit from understanding the basics early.
Who May Bring a Wrongful Death Claim in Nevada
Nevada’s wrongful death statute (NRS 41.085) creates two related claims:
- The heirs’ claim. The deceased person’s heirs — typically a surviving spouse or domestic partner, children, and in some cases parents or other next of kin — may recover for their own losses: grief and sorrow, loss of companionship, society, comfort and consortium, and loss of the financial support the deceased would have provided.
- The estate’s claim. The personal representative of the deceased’s estate may recover the losses the deceased incurred before death: medical bills, funeral and burial expenses, and, where the conduct was willful or reckless, punitive damages.
The two claims are usually brought together in a single lawsuit. One of the first things we do is help the family sort out who the proper claimants are and, when needed, guide the family through opening the estate so the claim can proceed.
Deadlines and Fault Rules
In most cases, a wrongful death lawsuit must be filed within two years of the date of death (NRS 11.190). Nevada’s comparative negligence rule (NRS 41.141) applies as well: recovery is allowed if the deceased was not more than 50 percent at fault, reduced by any share of fault. Defendants and insurers sometimes try to shift blame onto someone who is no longer here to tell their side — prompt investigation and preservation of evidence is the best protection against that.
How We Handle These Cases
With more than three decades of representing Nevada families, we approach wrongful death cases with the patience they deserve and the urgency they require. We handle the investigation, the insurance companies, and the court process; we keep the family informed at every step; and we move at a pace that respects what the family is going through while never letting deadlines or evidence slip away.
There is no charge for a consultation, and no attorney’s fee unless we recover for your family. If you have lost a family member in an accident in Southern Nevada, call 702-737-0000. We will listen, explain your options, and help you decide what is right for your family.