What is the Wrongful Death Law in Nevada?
Nevada's wrongful death law is controlled by the statute NRS 41.085. This statute governs how a deceased victim's estate and living relatives (or heirs) can recover damages from those who caused the victim's death. In egregious instances, punitive damages may be awarded, if the facts permit an award of punitive damages under Nevada law.
What is NRS 41.085's Text and Language?
"NRS 41.085 Heirs and personal representatives may maintain action.
1. As used in this section, “heir” means a person who, under the laws of this State, would be entitled to succeed to the separate property of the decedent if the decedent had died intestate. The term does not include a person who is deemed to be a killer of the decedent pursuant to chapter 41B of NRS, and such a person shall be deemed to have predeceased the decedent as set forth in NRS 41B.330.
2. When the death of any person, whether or not a minor, is caused by the wrongful act or neglect of another, the heirs of the decedent and the personal representatives of the decedent may each maintain an action for damages against the person who caused the death, or if the wrongdoer is dead, against the wrongdoer's personal representatives, whether the wrongdoer died before or after the death of the person injured by the wrongdoer. If any other person is responsible for the wrongful act or neglect, or if the wrongdoer is employed by another person who is responsible for the wrongdoer's conduct, the action may be maintained against that other person, or if the other person is dead, against the other person's personal representatives.
3. An action brought by the heirs of a decedent pursuant to subsection 2 and the cause of action of that decedent brought or maintained by the decedent's personal representatives which arose out of the same wrongful act or neglect may be joined.
4. The heirs may prove their respective damages in the action brought pursuant to subsection 2 and the court or jury may award each person pecuniary damages for the person's grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are not liable for any debt of the decedent.
5. The damages recoverable by the personal representatives of a decedent on behalf of the decedent's estate include:
(a) Any special damages, such as medical expenses, which the decedent incurred or sustained before the decedent's death, and funeral expenses; and
(b) Any penalties, including, but not limited to, exemplary or punitive damages, that the decedent would have recovered if the decedent had lived,
but do not include damages for pain, suffering or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are liable for the debts of the decedent unless exempted by law."
Who is an Heir Under Nevada Law?
NRS 41.085(1) defines who is, or is not, an "heir" under Nevada law for the purposes of a wrongful death claim. Heirs will generally include, in the following order of preference:
- Surviving spouse
- Children
- Parents
- Siblings
What Damages can be Recovered in a Wrongful Death Action?
NRS 41.085(4) governs the types of damages which can be recovered in a wrongful death case. These damages may include:
- Greif and sorrow
- Loss of financial support
- Loss of companionship or society
- Loss of comfort or consortium
- Pain suffering or disfigurement of the decedent
Additionally damages may be recovered under NRS 41.085(5), although these are generally lower amounts of damages. These would be damages for:
- Medical bills and expenses the decedent incurred prior to death (but after the wrongful injury)
- Funeral expenses
- Punitive Damages
Although money will never make things right, the civil justice system can be used to impose financial penalties, encouraging these bad actors to change their ways so that someone else does not have to lose their life in the future. If you have lost a loved one, and want to know whether or not you might be eligible to obtain damages, give us a call today for a free consultation.