States With Caps on Wrongful Death Damages

By the FigureMyTax Editorial Team · How we calculate

Nevada limits wrongful death damages only when the death resulted from professional negligence by a health care provider.

Outside malpractice: no cap

Recording-law summaries state that Nevada does not cap wrongful death damages under NRS 41.085. The heirs' grief, companionship and consortium damages and the decedent's suffering sit outside any dollar ceiling, and punitive damages are limited by NRS 42.005.

Malpractice deaths

NRS 41A.035 applies to an action for injury or death against a provider of health care and limits noneconomic damages regardless of the number of plaintiffs. The amount is $590,000 for 2026, $670,000 in 2027 and $750,000 in 2028, then it grows 2.1% a year.

Government defendants

Summaries of NRS 41.035 report a $200,000 per-claimant cap on recovery against the State and local governments, with no punitive damages.

Fault and defendant shares

Under NRS 41.141, the decedent's negligence reduces the recovery and bars it if greater than the defendants' negligence, and negligence defendants are severally liable for their own shares.

How other states compare

Montana has a malpractice cap that also rises each year, Nebraska allows only pecuniary loss, and Missouri excludes grief. Nevada's wrongful death statute expressly allows grief or sorrow.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Nevada's rules apply to your specific case with a licensed Nevada attorney.