Losing a family member to someone else’s negligence is devastating. Nevada law gives surviving family members the right to pursue compensation for their loss through a wrongful death claim. Marathon Law Group represents wrongful death families throughout Las Vegas, Henderson, and Clark County with the compassion and experience these cases demand.
Nevada Wrongful Death Law — The Basics
Nevada’s wrongful death statute is found at NRS 41.085. Under this law, certain surviving family members can file a claim when a person dies as a result of another party’s wrongful act, neglect, or default. The claim must be filed within 2 years of the date of death under Nevada’s statute of limitations.
Who Can File a Wrongful Death Claim in Nevada
Under NRS 41.085, the following people may file a wrongful death claim in Nevada:
- The surviving spouse
- Surviving children of the deceased
- Surviving parents if there is no spouse or children
- The personal representative of the estate can also file on behalf of the estate
Nevada law is specific about who has standing to file. An attorney can confirm whether you qualify and ensure the claim is filed correctly.
The Difference Between Wrongful Death and Survival Claims in Nevada
Nevada law actually provides two related but distinct types of claims when someone dies due to another party’s negligence.
A wrongful death claim under NRS 41.085 is brought by surviving family members for their own losses — their grief, lost companionship, lost financial support, and the costs they incurred because of the death.
A survival claim is brought by the estate of the deceased person for losses the deceased person suffered before death — medical bills, pain and suffering experienced before death, and lost wages from the time of injury to the time of death.
In many Nevada wrongful death cases, both a wrongful death claim and a survival claim are filed simultaneously. Marathon Law Group can advise surviving family members on which claims apply in their specific situation and how to maximize total recovery.
Damages Available in Nevada Wrongful Death Cases
Surviving family members can recover two categories of damages in Nevada wrongful death cases:
Economic Damages
- Medical expenses incurred before death
- Funeral and burial expenses
- Lost income the deceased would have earned
- Loss of financial support and benefits
Non-Economic Damages
- Grief and sorrow of surviving family members
- Loss of companionship, comfort, and society
- Pain and suffering of the deceased before death
Nevada does not cap non-economic damages in wrongful death cases, which means families can pursue full compensation for their emotional loss.
Common Causes of Wrongful Death in Las Vegas
Marathon Law Group handles wrongful death cases arising from:
- Car accident and truck accidents on I-15, US-95, and the Las Vegas Strip
- Casino and hotel accidents
- Workplace accidents and construction site deaths
- Medical malpractice and hospital negligence
- Defective products
- Pedestrian accidents in crosswalks
- Drunk driving accidents
What to Do After Losing a Family Member to Negligence in Las Vegas
The period immediately following a wrongful death is overwhelming. While nothing can replace your loss, taking these steps can protect your family’s legal rights:
- Do not give recorded statements to any insurance company representing the at-fault party
- Preserve any evidence related to how your family member died including accident reports, medical records, and correspondence
- Keep records of all expenses related to the death including medical bills and funeral costs
- Contact Marathon Law Group as soon as possible — the sooner we begin investigating, the stronger your case will be
Frequently Asked Questions
How long do we have to file a wrongful death claim in Nevada?
Nevada’s statute of limitations for wrongful death claims is 2 years from the date of death under NRS 11.190. Missing this deadline permanently bars recovery.
Can we file a wrongful death claim even if criminal charges were filed against the responsible party?
Yes. A civil wrongful death claim is separate from any criminal prosecution. You can pursue personal injury claims and compensation regardless of whether the responsible party faces criminal charges.
What if our family member was partly at fault for the accident?
Nevada’s modified comparative negligence law applies to wrongful death cases. As long as your family member was less than 50% at fault, surviving family members can still recover compensation reduced by the percentage of fault.
If you lost a family member due to someone else’s negligence in Las Vegas or Clark County, Marathon Law Group is here to help. Contact us for a free consultation — compassionate and confidential.
Marathon Law Group serves wrongful death clients on a contingency fee basis — you pay nothing unless we recover compensation for your family. Our firm is committed to thorough investigation, aggressive representation, and compassionate client service throughout every stage of your case.
Call (702) 522-1808. Se habla español.
How Marathon Law Group Supports Wrongful Death Families in Las Vegas
Pursuing a wrongful death claim while grieving requires courage and trusted legal support. At Marathon Law Group, we handle the legal complexities so your family can focus on healing. We investigate the circumstances of your loved one’s death, gather evidence before it disappears, and hold the responsible parties fully accountable under Nevada law.
Our attorneys work on a contingency fee basis — you pay nothing unless we recover compensation for your family. We represent wrongful death families throughout Las Vegas, Henderson, North Las Vegas, and all of Clark County with the dedication and compassion that these cases demand. If you lost a family member due to someone else’s negligence, contact Marathon Law Group today for a free and confidential consultation.