Most people think wrongful death claims involve only young children losing a parent. But adult children who lose a parent to someone else’s negligence have significant legal rights under Nevada law — and the damages available can be substantial, particularly for adults who maintained close relationships with the deceased parent or who relied on them financially. Marathon Law Group helps Las Vegas families pursue wrongful death claims after the loss of a parent.
Who Can File a Wrongful Death Claim in Nevada
Under NRS 41.085, Nevada’s wrongful death statute authorizes claims by the heirs of the decedent — those who would inherit under Nevada’s intestate succession laws. This expressly includes adult children, whether biological or adopted. There is no requirement that an adult child was financially dependent on the parent to bring the claim. If a deceased parent had multiple adult children, all are heirs entitled to participate in the wrongful death action — the case is typically filed by a personal representative appointed by the probate court, who pursues the claim on behalf of all heirs, with recovery distributed according to each heir’s individual circumstances and relationship with the decedent.
Economic and Non-Economic Damages for Adult Children
Economic damages available to adult children include any actual financial support the parent provided: regular financial contributions to an adult child in economic difficulty; childcare the parent provided for grandchildren, saving significant expense; and support provided to an adult child with disabilities. Non-economic damages under NRS 41.085(2) include grief and sorrow, and loss of the decedent’s probable support, comfort, society, and consortium. A 65-year-old parent who was the center of an adult child’s family life — attending milestones, providing guidance, maintaining family gatherings — represents an enormous non-economic loss. Nevada juries can award substantial non-economic damages for adult children without statutory cap. The relative non-economic recovery among multiple adult children reflects their individual closeness, frequency of contact, and particular relationship with the deceased parent.
Survival Claim: The Decedent’s Own Pre-Death Damages
Alongside the wrongful death claim, Nevada’s survival statute (NRS 41.140) allows recovery for the decedent’s own damages before death — medical expenses incurred after the accident, and the decedent’s conscious pain and suffering between the collision and death. If a parent survived for hours or days after the crash before dying, the survival claim captures that pre-death suffering as a separate element of recovery, pursued by the same personal representative alongside the wrongful death action. Marathon Law Group handles both claims together, maximizing total recovery for the family. Contact us for a free Las Vegas wrongful death consultation — we work on a contingency fee basis.