There’s no good way to lose someone. But losing a family member because another person was careless — a distracted driver on the 215, a property owner who ignored a hazard, a drunk driver leaving the Strip — carries a particular kind of weight. You’re grieving and, at the same time, bills are arriving and insurance companies are calling. It’s a lot to hold at once.
Nevada law gives your family a way to hold the responsible party accountable and recover what your loss has cost you. At Marathon Law Group, we handle wrongful death cases for families across Las Vegas, Henderson, North Las Vegas, and the rest of Clark County. Here’s how these claims actually work in Nevada — in plain terms.
What Nevada’s wrongful death law says
The controlling statute is NRS 41.085. It applies whenever someone dies because of another party’s “wrongful act or neglect.” That covers a wide range of conduct — from an outright reckless act to simple negligence, like failing to fix a known danger.
A wrongful death claim is a civil case, and it’s completely separate from any criminal charges. If the at-fault driver is prosecuted, that’s the state’s case. Your claim is your family’s, and it moves forward whether or not anyone is ever charged or convicted.
Who can file a wrongful death claim in Nevada
This is where Nevada is a little different from most states. Under NRS 41.085, two separate groups can bring a claim, and they can recover different things:
The heirs. In legal terms, an “heir” is someone who would inherit the decedent’s separate property if they had died without a will — usually a spouse, children, or parents. Heirs file for their own losses.
The personal representative of the estate. This is the person who administers the estate. They file on the estate’s behalf.
Both claims can be, and usually are, filed together and pursued at the same time. Figuring out who qualifies as an heir isn’t always obvious — blended families, estranged relatives, and questions of paternity all come up — so it’s worth having an attorney confirm standing before anything gets filed.
What each side can recover
Here’s the part people often get wrong, because Nevada doesn’t split the damages the way many other states do.
Heirs can recover their own grief and sorrow, loss of probable financial support, and the loss of the companionship, society, comfort, and consortium of the person who died. Under Nevada’s statute, heirs can also recover for the pain, suffering, and disfigurement the decedent experienced. And there’s a protection built in: money awarded to the heirs can’t be used to pay the decedent’s debts.
The estate can recover, through the personal representative, the special damages the decedent racked up before death — medical bills and funeral expenses — along with any punitive damages that would punish especially reckless or egregious conduct.
Nevada does not cap non-economic damages in a standard wrongful death case, which means there’s no artificial ceiling on what a jury can award for the human cost of your loss. (Medical malpractice cases are the exception, and they follow their own rules.)
The two-year deadline — and why it can be shorter
In most wrongful death cases, you have two years from the date of death to file, under NRS 11.190. Miss it, and the court will almost certainly refuse the case no matter how strong it is. We break down these timelines in more detail in our guide to Nevada’s statute of limitations.
Two situations can change that clock:
- A government defendant. If a public entity or employee is involved — say, a city vehicle or a government-owned property — the Nevada Tort Claims Act adds notice requirements and procedural steps that come due much sooner than two years.
- Minor or incapacitated heirs. The deadline can be extended in certain circumstances, but you shouldn’t count on it without legal advice.
The practical takeaway: the sooner someone starts investigating, the better. Evidence disappears, witnesses move, and memories fade.
When the person you lost was partly at fault
Nevada uses a modified comparative negligence rule under NRS 41.141. If your family member was partly to blame for the accident, that doesn’t automatically end the case. As long as they were 50% or less at fault, your family can still recover — the award is just reduced by their share of the blame. Cross 50%, and recovery is barred. Insurance companies know this rule cold, which is exactly why they work so hard to pin blame on the person who died.
Common causes of wrongful death in Las Vegas
Marathon Law Group handles wrongful death cases arising from:
- Car accidents and truck collisions on I-15, US-95, and the Strip
- Drunk and impaired driving
- Casino, hotel, and resort accidents
- Pedestrians struck in crosswalks
- Defective products
- Workplace and construction-site deaths
What to do after losing someone to negligence
In the first days, a few steps protect your family’s rights without adding to your burden:
- Don’t give recorded statements to the at-fault party’s insurer.
- Hold onto everything — accident reports, medical records, correspondence, receipts.
- Keep a running list of expenses tied to the death.
- Talk to a lawyer before you sign or agree to anything.
How Marathon Law Group helps
We take these cases on a contingency fee basis, which means there’s no upfront cost and no fee unless we recover for your family. Our job is to handle the investigation, the paperwork, and the fight with the insurance companies so you can focus on your family. We’ll track down what happened, preserve the evidence before it’s gone, and pursue every dollar the law allows.
If you lost a loved one because someone else was careless, contact us for a free, confidential consultation. We’ll listen, explain your options, and tell you honestly where we think things stand.
Call (702) 522-1808. Se habla español.
Frequently asked questions
How long do we have to file a wrongful death claim in Nevada? Generally two years from the date of death under NRS 11.190. Cases involving government defendants or minor heirs can have different deadlines, so confirm yours with an attorney quickly.
Can we still sue if no criminal charges were filed? Yes. A civil wrongful death claim stands on its own and doesn’t depend on a criminal case. You can read more about how compensation works in our overview of Nevada personal injury claims.
What if our family member was partly to blame? As long as they were 50% or less at fault under NRS 41.141, your family can still recover, with the award reduced by their percentage of fault.
This article is general information about Nevada law, not legal advice. Every case is different — talk to an attorney about your specific situation.