Las Vegas Wrongful Death Lawyer

In short: when a family member dies because of someone else's negligence, Nevada law lets the heirs and the estate's personal representative bring claims for the losses the death caused. Clark Law Group, PLLC in Las Vegas can explain who may file, what each claimant may recover under NRS 41.085, and how the two-year deadline applies, at a pace that respects what your family is going through. Consultations are free. On personal-injury matters, you do not pay an attorney fee if there is no recovery. Call 702-330-3272 any time, 24/7, or contact the office. Contacting the firm does not create an attorney-client relationship.

Who can file a wrongful death claim in Nevada?

Under NRS 41.085, the decedent's heirs and the personal representative of the estate may each bring a wrongful death action, and the two claims can be joined. An heir is a person who would inherit the decedent's separate property under Nevada law if there were no will, such as a surviving spouse, children, or in some situations parents.

The statute defines "heir" by reference to who would inherit if the decedent had died without a will. Nevada's intestate succession rules are in NRS Chapter 134, and who qualifies depends on the family structure: whether there is a surviving spouse, children, parents, or siblings. A person found responsible for the death under Nevada's "slayer" rules in NRS Chapter 41B cannot be an heir for this purpose.

The personal representative is the person appointed by a court to manage the decedent's estate, often named in a will or appointed through probate. If no one has been appointed yet, that step may be needed before the estate's part of the claim can proceed. A family does not need to have every probate question answered before calling about a wrongful death claim.

Families are often unsure who should be "the plaintiff." The answer depends on the family structure and on which damages are being sought, because the statute divides damages between heirs and the estate, as the next sections explain.

What damages can heirs recover?

Heirs may recover damages for their grief or sorrow, loss of probable support, and loss of companionship, society, comfort, and consortium, plus damages for the decedent's pain, suffering, or disfigurement before death (NRS 41.085(4)). Those damages belong to the heirs and are not liable for the decedent's debts. The amount is decided by the evidence.

In practice, the evidence for these damages comes from the family itself: what the relationship was like, what support the decedent provided, how the household depended on the decedent's income and care, and what the decedent experienced between the injury and death. Medical records, employment and tax records, and statements from people who knew the family are typical sources. No statute assigns a dollar value to grief or companionship, and this page does not suggest one.

What can the estate's personal representative recover?

In the wrongful death action, the personal representative may recover medical expenses the decedent incurred before death, funeral expenses, and penalties including exemplary or punitive damages the decedent could have recovered had they lived (NRS 41.085(5)). These damages do not include pain and suffering, and they are subject to the decedent's debts.

This division matters for families with medical bills, liens, or other debts, because it affects which recovery creditors can reach. It is one of the reasons the structure of the claim should be decided with advice rather than assumed.

How does a survival claim differ from a wrongful death claim?

A wrongful death claim compensates the family and estate for the death. A survival claim under NRS 41.100 preserves the claim the decedent had before death. If an injured person dies before judgment, the estate's representative may recover the decedent's losses up to death, including pain and suffering and, in some cases, punitive damages.

NRS 41.100 starts from the principle that no cause of action is lost because a person dies. Where the injured person dies before judgment, the executor or administrator may pursue the losses the decedent suffered before death. Punitive damages, however, are not recoverable against the estate of a wrongdoer who has died.

The wrongful death statute and the survival statute can cover some of the same categories of loss. How the two claims fit together in a particular case is a technical question that depends on the facts, the timeline between the injury and the death, and who brings each claim.

How long do families have to file?

Many Nevada wrongful death lawsuits must be filed within two years of the death under NRS 11.190(4)(e), which covers actions for the death of a person caused by the wrongful act or neglect of another. Claims against a government agency, or arising from medical care, can follow different rules, so the deadline should be confirmed early.

Grief does not run on a legal schedule, and no family should feel rushed. But evidence does disappear: crash scenes are cleared, vehicles are repaired or salvaged, business video is overwritten, and witnesses move. A short call early on can protect that evidence while the family decides what to do.

Comparative fault in a wrongful death case

Nevada's comparative negligence rule applies to actions for death as well as injury. If the decedent's negligence is found greater than that of the defendants, recovery is barred; otherwise the award is reduced by the decedent's share (NRS 41.141). Insurers raise this often, so early evidence about how the death happened matters.

Situations that lead to wrongful death claims

A wrongful death claim can arise from any fatal injury caused by someone else's negligence. In the Las Vegas valley, many begin as vehicle crashes. The same evidence and insurance questions covered on the firm's other practice pages apply, with the added questions of who may sue and how damages are divided.

• Car crashes. Fault, coverage limits, and uninsured or underinsured motorist coverage are covered on the car accident page. In a fatal crash, the minimum policy limits under NRS 485.3091 are often far below the losses.
• Truck crashes. Commercial carriers carry different insurance and keep records that may only be retained for months; see truck accidents.
• Pedestrian and motorcycle deaths. The fault arguments in these cases are often aggressive. See pedestrian accidents and motorcycle accidents.
• Rideshare crashes. If an Uber or Lyft was involved, which coverage applies depends on the app phase; see rideshare accidents.
• Unsafe property. Falls and other hazards on property can be fatal, especially for older adults; see slip and fall.

Claims arising from medical care, or against a government agency, involve additional rules beyond those on this page. If your situation is one of those, say so on the first call.

If an insurer contacts the family

It depends on who is calling. You generally have no contractual obligation to the at-fault party's insurer, and many families decline recorded statements until they have advice. The family's own insurer may be different, because policies usually contain a cooperation clause. A subpoena or other legal process cannot be ignored.

Adjusters sometimes contact families within days. A quick settlement offer may come with a release that ends every claim, including ones the family has not yet identified, such as claims by other heirs or the estate's claim for medical bills. Do not sign a release before you understand who it binds and what it gives up.

What to do next after a wrongful death

1. Get the official records. Ask the investigating agency for the crash or incident report number, and request the death certificate when it is available.
2. Keep documents together. Save medical bills, funeral invoices, insurance letters, pay records, and tax returns in one place.
3. Write down what you know. Note witnesses, photos, and anything said at the scene or the hospital while memory is fresh.
4. Do not sign a release. Hold off on recorded statements and releases until you know who they bind.
5. Note the probate status. Write down whether there is a will and whether anyone has been appointed to handle the estate.
6. Call Clark Law Group. Call 702-330-3272 during business hours or request a callback. The consultation is free, and you can start with whatever information you have.

The personal injury page explains how a Nevada negligence claim usually moves from investigation to settlement or suit.

Who reviews injury work at this firm

C. Jared Clark, Esq. is the designated responsible attorney for Clark Law Group. He earned a Bachelor of Science from the University of Nevada, Las Vegas, and a Juris Doctor, cum laude, from Thomas Jefferson School of Law. During law school he interned for the Honorable John A. Houston, U.S. District Judge for the Southern District of California, and for the San Diego Public Defender's office. He has lived in Nevada since 1988 and is a member of the State Bar of Nevada, the American Bar Association, and the Nevada Justice Association. Read more about Jared Clark.

The office is at 2320 Potosi St, Las Vegas, NV 89146. The firm is open 24 hours a day, 7 days a week. The firm also reviews claims from Henderson and North Las Vegas.

Last updated October 20, 2026.

Sources

• NRS 41.085 — wrongful death: who may sue and what each claimant may recover
• NRS 41.100 — survival of actions
• NRS 41.141 — comparative negligence in actions for death or injury
• NRS 11.190 — periods of limitation, including actions for death caused by wrongful act or neglect
• NRS Chapter 134 — intestate succession, which defines who is an heir
• NRS 485.3091 — minimum motor vehicle liability policy limits

This page is attorney advertising and general information, not legal advice. Statutes change, and how any of them apply depends on the facts. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee future outcomes.