When a person’s death is caused by the negligence, recklessness, or wrongful conduct of another person or entity, the deceased’s family members may have the right to pursue a wrongful death claim under Nevada law. At Oronoz & Ericsson, our experienced Las Vegas wrongful death personal injury attorneys have recovered millions of dollars for bereaved families, including a landmark $5.5 million settlement in a complex wrongful death case.
This comprehensive guide covers everything you need to know about wrongful death claims in Nevada: the legal definition under NRS 41.085, who can file a claim, common scenarios in Las Vegas, available damages, the claims process timeline, and how our firm can help your family during this difficult time.
To learn more about your family’s rights and options during this challenging and emotional time, contact our wrongful death attorney from Oronoz & Ericsson, LLC. You can reach us through our online form or call (702) 878-2889 to schedule a free consultation.
Nevada Revised Statutes (NRS) § 41.085 governs wrongful death claims in our state. This statute provides a legal remedy for the families of deceased individuals whose deaths were caused by the wrongful act or negligence of another party. Unlike personal injury claims, which are filed by the injured person themselves, wrongful death claims are unique because they are brought on behalf of the deceased and their surviving family members.
The foundation of a wrongful death claim rests on proving four key legal elements:
These four elements mirror traditional negligence claims, with the critical difference being that the injury is death rather than non-fatal injury.
Under NRS § 41.085, wrongful death claims can only be filed by specific beneficiaries designated by the statute. The personal representative of the deceased’s estate must bring the wrongful death action, and any recovery becomes part of the estate. However, the damages awarded are specifically intended to compensate the following beneficiaries:
Surviving Spouse: If the deceased was married, the spouse is a primary beneficiary and can recover for loss of support, companionship, consortium, and the loss of the intimate relationship the couple shared.
Children: The deceased’s biological or legally adopted children are entitled to recover for loss of support, care, guidance, and the parent-child relationship.
Parents: If the deceased had no spouse or children, surviving parents may recover for loss of support, companionship, and the parent-child relationship.
Other Heirs: In certain cases, other family members or dependents who relied on the deceased for financial support may be entitled to claim damages under Nevada law.
It is critical to understand that under Nevada law, the statute of limitations for filing a wrongful death claim is two (2) years from the date of death. This deadline is strict and inflexible. Failure to file within this window can result in the permanent loss of all legal rights and remedies. Families should contact an attorney immediately after a wrongful death.
Wrongful death claims can arise from many different circumstances. Negligence is the most common basis for a wrongful death lawsuit. Negligence occurs when someone fails to exercise reasonable care, and that failure results in injury or death. This is distinct from intentional acts or criminal conduct, though wrongful death claims can be based on criminal behavior as well.
Common examples of negligence leading to wrongful death include:
Las Vegas and the surrounding Clark County area present unique wrongful death risks due to our high-traffic environment, vibrant hospitality industry, active construction sector, and tourism volume. Our firm has extensive experience handling wrongful death claims arising from the following scenarios:
The Las Vegas Valley’s interstate highways experience heavy traffic congestion, particularly during peak hours and special events. Wrongful death accidents on I-15 and I-515 often involve multiple vehicles and are frequently caused by aggressive driving, excessive speed, DUI, distracted driving, failure to maintain safe braking distance, or improper lane changes. Truck accidents on these corridors are particularly deadly due to the vehicle’s mass and stopping distance. A semi-truck traveling at 70 mph cannot stop in less than 300 feet. Car accidents involving high-speed collisions also contribute to fatal outcomes on these routes.
Las Vegas’s major casinos and resorts have a legal duty to maintain safe premises for guests, employees, and visitors. Wrongful death can result from inadequate security leading to violent assaults, failure to maintain safe conditions (slippery floors, structural hazards, unmarked dangers), inadequate lighting or signage, or failure to provide adequate emergency medical response. Guest injuries or deaths from these failures can give rise to premises liability wrongful death claims against the casino or resort operator.
Las Vegas experiences constant development and construction accidents. Construction site fatalities often result from violations of Occupational Safety and Health Administration (OSHA) regulations, failure to provide adequate safety equipment, inadequate safety training, or failure to maintain safe working conditions. These deaths can involve falls from heights, electrocution, crushing injuries, crane accidents, or trench collapses. Construction workers have families who depend on them, and families can pursue wrongful death claims under Nevada law and federal OSHA regulations.
Drunk driving remains a significant cause of wrongful death in the Las Vegas area. When an impaired driver causes a fatal accident, the victim’s family may pursue a wrongful death claim against the at-fault driver. Additionally, in some cases, a claim may be brought against establishments that over-served alcohol to a visibly intoxicated person under Nevada’s dram shop liability laws, holding the bar or restaurant responsible for the death caused by an intoxicated patron.
Nevada law allows families to recover multiple categories of damages in wrongful death cases. Understanding what damages are available is crucial for evaluating the potential value of a claim and ensuring your family receives the maximum compensation.
Economic damages are intended to compensate families for concrete financial losses resulting from the death:
Non-economic damages address the emotional and relational losses suffered by the family:
In cases where the defendant’s conduct was particularly reckless, grossly negligent, or intentional, punitive damages may be awarded. Punitive damages are not intended to compensate the family but rather to punish the defendant and deter similar conduct in the future. Nevada law allows punitive damages when conduct is willful, malicious, or demonstrates a substantial disregard for human life. Punitive damages are rare but can significantly increase the total recovery.
Our firm’s $5.5 million wrongful death settlement demonstrates the significant recovery available in complex cases. This result was achieved through thorough investigation, compelling expert testimony, detailed economic analysis, and skilled negotiation with the defendant’s insurance company.
Nevada applies the doctrine of comparative negligence to wrongful death claims. Under Nevada Revised Statutes § 41.141, even if the deceased was partially at fault for their death, the family may still recover damages. However, any recovery is reduced by the percentage of fault attributable to the deceased.
For example, if a deceased person was determined to be 20% at fault for a car accident that resulted in their death, the family could still recover 80% of the damages. This rule ensures that families are not completely barred from recovery due to minor negligence or fault on the part of the deceased.
However, if the deceased is found to be more than 50% at fault, Nevada’s bar rule applies, and the family cannot recover anything. This critical threshold makes comparative negligence analysis absolutely crucial in wrongful death litigation.
Understanding the timeline of a wrongful death claim is essential for families navigating this difficult legal process. While no two cases are identical, the general progression typically follows this timeline:
Immediate Actions (Days 0-30): Preserve evidence, secure legal representation, and notify relevant parties of intent to pursue a claim. This period is critical because evidence degrades over time, witnesses move away, and memories fade. Police reports must be obtained, scene photos may be lost, and surveillance footage can be recorded over.
Investigation Phase (Weeks 2-12): Our attorneys conduct a thorough investigation, including reviewing police reports, medical records, autopsy results, employment records, financial records, and identifying liable parties and insurance coverage. We may hire accident reconstruction experts, medical experts, and economic experts.
Demand Preparation (Weeks 8-16): We prepare a detailed demand letter supported by medical evidence, economic analysis, liability documentation, and legal arguments. This demand is sent to the liable party’s insurance company with a specific deadline for response.
Settlement Negotiation (Weeks 16-52): The insurance company responds, and negotiations begin. Many cases settle during this phase. We negotiate aggressively to maximize the settlement before the case proceeds to litigation.
Litigation (Months 12-36+): If settlement is not reached, the case proceeds to lawsuit, including discovery (exchange of documents and evidence), expert reports, depositions, settlement conferences, and eventually trial before a jury.
The entire process from investigation to settlement or judgment can take anywhere from 6 months to several years, depending on the complexity of the case, the cooperation of all parties, and court scheduling.
Under Nevada law, you have two (2) years from the date of death to file a wrongful death lawsuit. This is a strict deadline, and if you miss it, your right to pursue a claim is permanently lost. We recommend consulting with an attorney as soon as possible after a wrongful death, ideally within days, not weeks or months.
Yes. Nevada applies comparative negligence, allowing recovery even if the deceased was partially at fault. However, your recovery is reduced by your percentage of fault. If the deceased is found to be more than 50% at fault, you cannot recover anything. This makes early legal representation critical to avoid accepting settlements that don’t account for this rule.
You can recover economic damages (lost wages, medical expenses, funeral costs), non-economic damages (loss of companionship, emotional distress, loss of consortium), and in appropriate cases, punitive damages. The total recovery depends on the specific facts of your case, including the deceased’s age, earning capacity, family relationships, and the defendant’s degree of fault.
The personal representative of the deceased’s estate must file the claim on behalf of the beneficiaries: surviving spouses, children, parents, and other heirs. If no estate has been opened, our firm can guide you through the process of opening an estate and filing the wrongful death claim.
The value of a wrongful death case depends on many factors: the deceased’s age, income, career prospects, earning capacity, the nature and closeness of family relationships, the defendant’s degree of fault, available insurance coverage, and jury composition if the case goes to trial. We provide a detailed evaluation based on our experience with similar cases and current damage awards in Nevada courts.
Contact Oronoz & Ericsson immediately. Do not accept any settlement offer from an insurance company without consulting an attorney. Preserve all evidence: photos of the scene, medical records, police reports, witnesses’ contact information, employment records, and any communications with the defendant or their insurance company. Do not post about the death on social media, as this can be used against your claim.
Most wrongful death cases settle before trial. However, we are fully prepared to take your case to trial if necessary. Some defendants and insurance companies require a jury trial to understand the true value of the case. Our trial experience and willingness to go to trial often result in better settlement offers.
It is always difficult to deal with the loss of a loved one. When that loss is unexpected, the grief can feel even more profound. You and your family also may be financially unprepared. Our team at Oronoz & Ericsson, LLC is here to help you deal with the legal and financial ramifications of your relative’s passing. We place the responsibility where it belongs—on the negligent party’s shoulders.
If you have lost a loved one to wrongful death in Las Vegas or anywhere in Nevada, contact Oronoz & Ericsson today for a free, confidential consultation. Call us at (702) 710-5628 or reach out online. We are here to help your family through this difficult time and to pursue the maximum compensation you deserve.