Las Vegas Wrongful Death Lawyer for Families Who Lost Someone

You just lost someone, and now there are legal questions

Nobody should have to read about statutes in the same week they are planning a funeral. If you are here anyway, it probably means someone has pressed you to make decisions, or an insurance company has called, or you cannot stop asking whether this had to happen. All of that is normal.

Here is what we want you to know first. You do not have to decide anything today. A conversation with us does not commit you to a lawsuit, and nobody on our team will push you. What we can do is tell you where you stand, what the deadlines are and what a family in your position can do to protect itself while it grieves.

This page explains how wrongful death claims work in Nevada in plain words. It covers who is allowed to file, what the money is for, how a criminal case fits in, and what the first call with us sounds like. The law here is detailed and it depends on the facts, so treat this as a map and not as advice for your situation.

What counts as a wrongful death in Nevada?

A wrongful death is a death caused by another person's wrongful act or neglect. Nevada's wrongful death statute, NRS 41.085, allows the family to bring a civil claim in that situation. The claim is about accountability and about what the family has lost, and it is separate from any criminal charge.

The cause can be almost anything. Many wrongful death cases in the Las Vegas Valley start with a crash on I-15, US-95 or a surface street, and we cover those on our pages for fatal car accidents and fatal truck accidents. Others follow a mistake in a hospital or nursing home, a fall on dangerous property, a defective product, a construction site, or a driver who was drunk or distracted. We discuss medical malpractice and premises liability in more detail on their own pages.

Civil law uses a lower burden of proof than criminal law. A family generally has to show that it is more likely than not that someone's negligence caused the death. That is why a wrongful death claim can go forward when no one is charged, and even when a criminal case ends without a conviction.

Who can file a wrongful death claim in Nevada?

Under NRS 41.085, claims can be brought by the decedent's heirs and by the personal representative of the estate. An heir, for this purpose, is generally someone who would inherit from the person who died if there had been no will. That usually starts with a spouse and children, and, depending on who survives, can reach parents and siblings. A registered domestic partner is generally treated like a spouse. A person the law treats as having caused the death on purpose cannot inherit and cannot benefit.

A few situations come up again and again.

If the person who died was an adult with a spouse and children, the spouse and the children are the likely heirs. If the person was a child, the parents are usually the people who bring the claim. If the person had no spouse or children, parents or siblings may be the heirs. An unmarried partner who was not a registered domestic partner, a close friend and a stepchild raised as one's own child are painful cases, because they may have lost the most and still not be heirs under the statute. We tell families when that is the situation, and we look at whether any other path exists.

The personal representative is the executor named in a will, or an administrator appointed by the probate court if there is no will. If no estate has been opened, one often has to be. That is a legal task we can help you through, and it is more common than people expect. You do not need to have everything sorted before you call.

What is the difference between the heirs' claim and the estate's claim?

There are two claims, they belong to different people, and they cover different losses. Most wrongful death cases combine them in one lawsuit, but it helps to see them apart.

The heirs' claim is for what the family lost. Under NRS 41.085, the heirs can seek damages for grief and sorrow, for the support the person would probably have provided, for companionship, society, comfort and consortium, and for the pain, suffering or disfigurement the person went through. This money goes to the heirs. By statute, it is generally protected from the decedent's creditors.

The estate's claim, brought by the personal representative, covers losses that belong to the estate. That means medical and hospital bills the person ran up before dying, funeral expenses, and any punitive damages the person could have recovered had they lived. This money goes into the estate and generally can be reached by the decedent's creditors before it reaches the family.

That difference is the reason the way a case is organized matters. Two families can get the same total and end up with different amounts in their hands, depending on what the money was awarded for and how it is handled. A lawyer who has done this before will think about it from the first week. The statute lets the claims be joined, and the person who died may also have had their own claim that does not disappear with their death, which brings us to survival actions.

What is a survival action, and how is it different?

A survival action is the claim the person who died would have had if they had lived. Under NRS 41.100, a cause of action generally does not end because the person died, and the personal representative can carry it on. When the death itself was caused by the wrongful act, though, Nevada's wrongful death statute sets who recovers what. The family can seek damages for the person's own pain, suffering or disfigurement before death, along with their own grief, support and companionship. The estate can seek the medical bills, the funeral costs and any punitive damages the person could have recovered.

People often confuse the two. The wrongful death claim looks at the family's loss and is created by the wrongful death statute. The survival claim is the decedent's own claim and is carried on by the estate.

How they fit together in a particular case depends on what caused the death and on what the person lived through. That is a question for a lawyer reading the records and the timeline, and it is not one you should have to decide by yourself.

What can a family recover in a Nevada wrongful death case?

The damages fall into a few groups. Economic losses include medical bills before death and funeral and burial costs, along with the income and benefits the person would have provided over a lifetime. That last piece can be large, and it is usually the one that needs an economist and a careful look at the person's work and plans.

Noneconomic losses are the ones families feel most. They include grief and sorrow, the loss of companionship, society, comfort and consortium, and the loss of guidance a parent gives a child. A spouse who lost a partner of forty years and a child who lost a parent at nine are not the same, and the law recognizes that.

Punitive damages are possible when the conduct was oppressive, fraudulent or malicious. Nevada generally limits them to three times compensatory damages when those are $100,000 or more, or $300,000 when compensatory damages are lower. There are exceptions, and a driver who caused a death while intoxicated can be subject to punitive damages under a separate statute that does not carry the same limits.

Nevada's wrongful death statute has no general cap on damages. Three kinds of cases are different. A death caused by a health care provider faces a medical malpractice cap on noneconomic damages. A claim against a government entity faces damage limits and bars punitive damages. And a workplace death may involve workers' compensation, with separate rules for claims against third parties.

No page can tell you what a case is worth. Anyone who gives you a number before they know the facts is guessing or selling. We will tell you how value is figured and what we would need to see.

How long do we have to file a wrongful death lawsuit?

The general deadline is two years, and we confirm the exact date for your family at the start. That comes from NRS 11.190(4)(e), which covers claims for a death caused by the wrongful act or neglect of another. If the lawsuit is not filed in time, the claim is usually lost no matter how strong it was.

Several situations change the clock.

When the death was caused by medical care, a separate statute, NRS 41A.097, sets a different deadline measured from the injury and from when it was discovered, so it can run out sooner, and it applies to wrongful death as well. When a government agency such as a county hospital or a public road authority may be involved, special claim procedures and damage limits apply, so tell us right away and we will handle them. When the case involves a federal facility or employee, a different federal process applies.

Please do not wait for a deadline to get close. In a wrongful death case, evidence disappears quietly. A truck's electronic data can be overwritten. Security video is deleted after a short period. A hospital's records are reviewed and rewritten in the language of defense. A construction zone moves down the road. Getting a lawyer involved in the first weeks does not mean you are rushing. It means the proof is still there.

What if the person who died was partly at fault?

It may reduce the recovery, and in some cases bar it. Under Nevada's modified comparative negligence rule, NRS 41.141, a jury compares the fault of everyone involved. If the person who died carried some of the blame, the family's recovery is generally reduced by that share. If their share was greater than the other side's, the claim can be barred.

Insurance companies lead with this argument. They say he was speeding, or she stepped into the road. Sometimes there is something to it. Often there is far less than they claim, and they are counting on a grieving family not to push back. We look at the evidence, not at the first story we are given.

What if we are not sure anyone did something wrong?

Many families do not know. The death happened in a hospital, or a nursing home, or on a road at night, and the explanation they were given does not sit right. You may be wondering whether it had to happen, whether someone missed something, whether a different decision would have saved your person. Those questions are fair, and you do not need to answer them before you call.

We start by gathering what exists. That can mean the autopsy or coroner findings, the police report, hospital and EMS records, photographs, video, and the physical evidence. Then experts look at it, and we tell you what we find, including when the answer is that no one did anything wrong. Sometimes a death is simply a tragedy. We would rather tell you that than spend a year of your life on a claim that was never there.

How does a criminal case affect a wrongful death case?

They are separate cases with different goals, and the family does not control the criminal one. The district attorney brings a criminal case on behalf of the state to punish a crime. A wrongful death case is brought by the family, in civil court, to hold someone responsible for the loss. We are not prosecutors, and we cannot put anyone in jail. What we can do is pursue accountability and compensation through the civil courts.

Here are the practical points that matter most.

A civil claim can go forward whether or not criminal charges are filed, and whether or not there is a conviction. The standard of proof is lower in a civil case, so a not guilty verdict does not decide the civil claim. A conviction or guilty plea, on the other hand, can be powerful evidence in the civil case, though how it can be used is a legal question we handle.

The timing can be awkward. A defendant facing charges may refuse to answer questions in the civil case to protect themselves, and a court may pause part of the civil case until the criminal case is over. That is one reason the two-year civil deadline keeps running even while the criminal case is unresolved. Do not assume you can wait for the criminal case to end.

Be careful with what you say. Statements to investigators, insurers, the defendant's family and social media can be used. Talk to the victim advocate at the prosecutor's office if you want information about the criminal case, and talk to us before you speak to anyone on the other side. Restitution ordered in a criminal case and a civil recovery can overlap, and the advocate can tell you about any programs that help victims' families with certain costs.

What should our family do right now?

Take care of each other first, and make only the decisions you must. A few things protect the claim without adding to the pain.

• Keep the death certificate, the police or coroner report number, and any bills, funeral invoices and insurance papers together in one folder.
• Do not sign anything from an insurer or the other side, and do not give a recorded statement. If someone calls, you can say that you will call them back.
• If a vehicle, phone, medical device or personal item was involved, do not repair, sell or throw it away. Tell us if it is already in someone else's hands.

Write down what you know while it is fresh, including the names of witnesses, the hospital, the officers and the people who called you. Save voicemails, texts and photographs. Stay off social media about the death, because insurers read it. And if your loved one's estate has not been opened, do not let that stop you from calling. We can explain what has to happen and when.

Who else might be responsible besides the obvious person?

Often more than one party. A driver is the first name that comes up. Behind the driver may be an employer, a trucking company, a property owner, a manufacturer, a contractor that closed a lane badly, or a government body that built or maintained a road. In a medical death, it can be a physician, a nurse, a hospital and a drug or device maker.

This matters because the driver's insurance is often not the only source of recovery and sometimes not the main one. Dean has built his practice on looking past the first answer. Cases can turn on one missing safety feature or one ignored regulation, and it takes experts, investigators and money to find it. We explain that thinking in our guide on who else can be held responsible.

How long will it take, and how does the money get divided?

Longer than any family wants. Many wrongful death cases take a year or more to resolve, and complex ones, especially those with several defendants or a trial, take longer. We will not rush a case to reach a number, and we will not let it drift either. You will hear from us on a regular schedule, even when there is nothing new to say.

When a recovery comes, it has to be divided. If several heirs share it, they can agree among themselves, and if they disagree a court may have to decide. If any heir is a minor, Nevada requires court approval of a settlement on that child's behalf, and the funds are usually placed in a protected account. Disagreements among family members happen, particularly in blended families, and it is better to talk about them early than to let them surface at the end. We keep the claims organized so that the money goes where the law and the family intend.

What is the first conversation with us like?

Quiet, unhurried and private. You call (702) 500-7070. Tim, our office manager, is often the person who answers. He begins by asking how you are doing and what is happening at home, because people can only say what happened once they feel someone is listening. He will ask about the person you lost, and what you want to know. He will not ask how much you want to collect, and he will not tell you that you need to sign anything.

If the facts suggest a possible claim, one of our attorneys reviews it, and we begin protecting evidence right away. If we do not think there is a case, we say so, and we try to point you toward something useful anyway. You can read more about what happens when you call, or about whether we are the right firm for you. The review costs nothing.

What have we done in wrongful death cases?

Our public results include a $15 million recovery in an electrocution death after the other side first denied responsibility. We list results on our results page. Every case turns on its own facts, and past results do not predict what will happen in yours. Behind a number like that is a family that asked hard questions, and a legal team that kept asking until the other side had to answer.

When you are ready

There is no clock on calling except the legal one. When you are ready, call (702) 500-7070, or meet our attorneys first. Bring whatever you have, or nothing at all. We will take it from there.