Bereaved Rights

State wrongful death guide

Nevada Wrongful Death Law Guide

Nevada wrongful death claims allow both heirs and the estate to pursue damages for financial loss, grief, and pain and suffering, with a two-year filing deadline.

Quick facts for Nevada

  • Who can file: Nevada allows the personal representative of the estate and certain statutory heirs—typically the surviving spouse, children, or parents—to bring the wrongful death action.
  • Deadline to file: Most Nevada wrongful death claims must be filed within two years of the date of death.
  • Key statute: Nev. Rev. Stat. § 41.085

Types of compensation families may pursue

  • Loss of financial support
  • Loss of companionship, society, and comfort
  • Grief and sorrow of survivors
  • Medical and funeral expenses
  • Decedent’s pain and suffering
  • Punitive damages when warranted

Nevada caps noneconomic damages in medical malpractice cases but does not impose a universal cap on all wrongful death damages.

Nevada wrongful death law: a guide for grieving families

Nevada’s wrongful death law recognizes the emotional, financial, and practical impact a sudden death has on the people left behind. This guide offers a supportive, plain-English overview of how the law operates.

1. What is “wrongful death” in Nevada?

A wrongful death occurs when someone’s wrongful act or neglect causes another’s death.

Common causes:

  • Vehicle collisions
  • Medical negligence
  • Dangerous property conditions
  • Defective products
  • Workplace incidents involving third parties

2. Who can bring the lawsuit?

Nevada allows:

  • Statutory heirs (spouse, children, parents)
  • The estate’s personal representative

These parties may bring claims individually or together.

3. What damages are available?

Nevada allows recovery for:

  • Loss of financial support
  • Loss of companionship, comfort, guidance
  • Survivors’ grief and sorrow
  • Medical and funeral expenses
  • Decedent’s pain and suffering
  • Punitive damages

4. Damage caps

Nevada caps noneconomic damages in medical malpractice wrongful death cases.
No general caps apply to other wrongful death actions.

5. Filing deadline

Most claims must be filed:

  • Within two years of the date of death

Disclaimer

This is informational only and not legal advice.

Common questions about wrongful death

These answers are general information only and are not legal advice. Laws can change, and how they apply depends on your specific situation.

What damages are available in a Nevada wrongful death case? +

Nevada allows families to recover damages for lost income, loss of companionship, grief and sorrow, medical bills, funeral expenses, and the decedent’s pain and suffering. Punitive damages may be awarded in cases of aggravated misconduct. Nevada caps noneconomic damages only in medical malpractice wrongful death cases. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in Nevada? +

Nevada allows two groups to file a wrongful death lawsuit: the statutory heirs of the deceased (typically the spouse, children, or parents) and the personal representative of the estate. These parties may bring claims individually or jointly. This answer is informational only and not legal advice.

How long do we have to file a Nevada wrongful death claim? +

Nevada sets specific statutes of limitation for wrongful death cases, and missing the deadline can permanently end the claim. We are finalizing the precise filing windows, tolling rules, and special exceptions (such as medical malpractice, minors, or government defendants) for Nevada. Families usually speak with a wrongful death attorney as soon as possible after a death to protect their rights, even if they are unsure about moving forward. This overview is informational only and not legal advice.