Who Can File a Wrongful Death Claim in Nevada

By the FigureMyTax Editorial Team · How we calculate

Nevada creates two separate claims, one for the heirs and one for the personal representative, and lets them be joined.

Two separate claims

Under NRS 41.085, the heirs of the decedent and the personal representative may each maintain an action, and the two may be joined when they arise out of the same wrongful act or neglect. Nevada courts read the statute's list of recoverable damages strictly.

Who is an heir

An heir is a person who, under Nevada law, would be entitled to succeed to the separate property of the decedent if the decedent had died without a will. A person deemed a killer of the decedent is treated as having predeceased the decedent.

What the heirs recover

Each heir may be awarded pecuniary damages for grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for the pain, suffering or disfigurement of the decedent. The proceeds of that judgment are not liable for the decedent's debts.

What the personal representative recovers

Special damages such as medical expenses the decedent incurred before death and funeral expenses, and any penalties, including exemplary or punitive damages, the decedent would have recovered if living. The estate's recovery does not include the decedent's pain, suffering or disfigurement.

Malpractice deaths

For a death from professional negligence by a health care provider, the noneconomic cap in NRS 41A.035 applies regardless of the number of plaintiffs.

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.