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Nevada Wrongful Death Laws

Nevada Wrongful Death Laws

In Nevada, if a person dies or is killed because of another individual’s negligent or reckless actions, the surviving family members or the representatives (executors) of the deceased person’s (decedent’s) estate can file a “wrongful death” lawsuit against the at-fault party. This type of civil claim is like a personal injury lawsuit, but the injured person is no longer alive to bring his/her own claim into court, which is why someone else must file the claim on the decedent’s behalf to prove liability and recover monetary damages. 

A wrongful death claim can arise from various circumstances, such as the following: 

  • Car accidents or any other type of motor vehicle accident 

  • Premises liability 

  • Product liability 

  • Medical malpractice 

  • Work-related accidents 

  • Criminal behavior 

In order to prove that the at-fault party (defendant) is liable for the decedent’s death, the court must fine that (1) a person died, (2) someone else’s negligence, recklessness, or wrongful act caused the victim’s death, (3) the plaintiff is a beneficiary or personal representative of the decedent, (4) the plaintiff sustained monetary damages because of the decedent’s death. Wrongful death claims in Nevada must be filed within two years of the date of the decedent’s death. 

The following are the parties who may file a wrongful death claim: 

  • The surviving spouse and children 

  • The decedent’s estate 

If the decedent does not have a spouse or children, then the heirs would be the decedent’s parents, siblings, and then any other surviving family member who is not a parent or sibling. Significant others that are not spouses, unadopted stepchildren, foster children, and close friends are prohibited from bringing a wrongful death claim. 

Surviving family members and the estate may recover the following types of damages: 

  • Funeral and burial expenses 

  • Medical expenses related to the decedent’s final injury or illness 

  • Property damage 

  • Lost wages and benefits that the decedent was expected to earn if he/she were alive 

  • Loss of care and companionship 

  • Loss of heirs’ benefits 

If you have recently lost a loved one in Las Vegas due to another person’s negligent or reckless actions, our legal team at The Draskovich Law Group can help you obtain the compensation and justice you and your family deserve. While no amount of money is worth the life of your loved one, the damages could take care of any costs related to the death and help you grieve in peace. 

Contact us today at (702) 381-6590 for a free initial consultation and discuss your case with our Las Vegas firm. More than 25 years of collective experience! 


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