Nevada's wrongful death statute (NRS 41.085) allows certain family members to seek compensation when a loved one dies due to someone else's negligence or wrongful act.
Who can file: The claim can be brought by the personal representative of the deceased's estate on behalf of the surviving spouse, domestic partner, children, parents (if no spouse/children), or other dependents.
Types of damages:
Economic damages: Medical expenses before death, funeral and burial costs, lost wages and benefits the deceased would have earned, loss of financial support, and loss of household services.
Non-economic damages: Pain and suffering of the deceased before death, loss of companionship and consortium, loss of guidance and nurturing for minor children, and grief and sorrow of survivors.
Punitive damages: Available when the death was caused by oppression, fraud, or malice. These are designed to punish the wrongdoer.
Statute of limitations: You have 2 years from the date of death to file a wrongful death claim in Nevada. For medical malpractice wrongful death cases, additional requirements apply including a medical expert affidavit.
Comparative negligence: Nevada follows a modified comparative negligence standard. If the deceased was partially at fault, damages are reduced by their percentage of fault, but if more than 50% at fault, the claim is barred.