Common Causes of Wrongful Death Claims in Nevada

• December 5 2025
• |   Wrongful Death

In Nevada, when a death is wrongfully caused, the law provides a means for the deceased person’s surviving family members to seek accountability and financial compensation through a wrongful death claim.

At Leverty & Associates Law, we understand the immense grief and complexity involved in these cases. We dedicate ourselves to compassionately guiding families through the legal process while aggressively fighting to secure the financial future that was unjustly taken away.

Understanding the common scenarios that lead to wrongful death claims in Nevada is the first step toward seeking justice. If you are grieving as a result of someone else’s negligence, you do not have to face the legal battle alone.

Contact us today for a consultation at (775) 322-6636.

Key Takeaways: Nevada Wrongful Death Claims

• Negligence is Key: A wrongful death claim arises when a life is lost due to another party’s negligence, carelessness, or misconduct, establishing a civil right to seek justice.
• Leading Causes: The most common causes are fatal motor vehicle accidents (especially DUI and commercial truck accidents), medical malpractice (e.g., misdiagnosis or surgical error), and premises liability (e.g., unsafe property conditions or negligent security).
• Third-Party Liability: In workplace scenarios like construction sites, claims often target negligent third parties (contractors) rather than the direct employer.
• Compensation for Survivors: The claim seeks damages on behalf of the surviving spouse, children, and/or parents for losses including lost income, medical expenses, and loss of companionship/society.
• Seek Legal Counsel: Wrongful death claims are nuanced and require rigorous investigation (e.g., accident reconstruction, expert testimony) to prove negligence and secure the necessary financial accountability.

What is a Wrongful Death Claim?

A wrongful death claim is a type of civil lawsuit filed by the surviving family members or personal representative of a deceased person’s estate. It is pursued when the death is caused by the negligence, carelessness, recklessness, or intentional misconduct of another party (NRS § 41.085).

This legal action is distinct from any related criminal charges. While a criminal court seeks punishment (fines or imprisonment), the civil wrongful death claim seeks financial compensation (damages) for the surviving family members who suffered losses due to the premature death.

In Nevada, the law ensures that the wrongdoer is held accountable not just to society, but to the family whose financial and emotional security was destroyed. The core legal requirement is proving that the defendant’s breach of a duty of care directly resulted in the victim’s death.

Who Can File?

Under Nevada law, the claim must be brought by the Personal Representative of the deceased person’s estate, on behalf of the designated beneficiaries, which typically include:

• The surviving spouse (and/or domestic partner).
• The children of the deceased.
• The parents of the deceased (if there is no surviving spouse or child).

The claim allows these individuals to recover compensation for their own losses, such as loss of financial support, loss of companionship, and emotional distress.

Fatal Motor Vehicle Accidents

Motor vehicle accidents are, sadly, the most frequent cause of wrongful death claims in Nevada, particularly in Reno, Las Vegas, and along major interstates.

1. Drunk or Impaired Driving (DUI)

Drunk driving is a leading cause of fatal crashes. When an intoxicated driver causes a wreck that results in death, the elements of negligence are often clear, and punitive damages may be applicable due to the egregious nature of the conduct. Nevada law takes DUI offenses seriously, and the civil claim acts as a critical mechanism for accountability.

2. Commercial Truck Accidents

Accidents involving large commercial trucks are often catastrophic due to the sheer size and weight disparity. Wrongful death claims in these scenarios are complex because liability can extend beyond the truck driver to include the trucking company for violations of Federal Motor Carrier Safety Regulations (FMCSA), such as:

• Failing to properly train drivers.
• Encouraging or allowing drivers to exceed Hours of Service (HOS) limits.
• Failing to maintain the vehicle (e.g., brake failures).

3. Distracted Driving and Speeding

In an age of constant connectivity, distracted driving has become an epidemic. Coupled with excessive speed, this negligence often results in high-impact collisions, such as head-on crashes or T-bone accidents, that are instantly fatal.

Proving that the at-fault driver was distracted or speeding requires thorough investigation, often involving cell phone record analysis and accident reconstruction.

Unsafe Conditions

Property owners in Nevada have a legal duty to maintain a reasonably safe environment for guests and visitors. Failure to correct dangerous conditions or provide adequate warnings can lead to fatal accidents.

4. Negligent Security

In commercial spaces owners must provide adequate security if crimes are foreseeable. A death resulting from an assault, robbery, or other violent crime can lead to a wrongful death claim against the property owner if they failed to provide adequate lighting, proper locks, or sufficient security personnel.

Workplace Accidents and Construction Sites

While many workplace injuries are covered solely by workers’ compensation, a wrongful death claim can often be pursued against a third party that is not the employer.

5. Construction Site Fatalities

Construction sites are inherently dangerous. A death resulting from a fall from scaffolding, being struck by heavy equipment, or trench collapse can lead to a wrongful death action against negligent subcontractors, general contractors, or equipment manufacturers, parties other than the deceased’s direct employer.

The Role of a Nevada Wrongful Death Attorney

In Nevada, a wrongful death claim is brought by the personal representative of the deceased person’s estate on behalf of the surviving beneficiaries, which typically include:

• The surviving spouse.
• The children of the deceased.
• The parents of the deceased (if there is no surviving spouse or child).

The compensation available in a successful claim covers both the deceased person’s losses and the survivors’ losses, including:

• Medical expenses incurred before death.
• Funeral and burial expenses.
• Lost income and future earning capacity.
• Loss of companionship, society, comfort, and financial support.
• Punitive damages (in cases of extreme recklessness, like DUI).

At Leverty & Associates Law, we provide the rigorous investigation necessary to establish the defendant’s negligence, quantify the full extent of the family’s economic and non-economic losses, and aggressively negotiate or litigate to achieve justice.

If your loved one’s life was tragically cut short due to the negligence of another party, you have the right to seek answers and accountability.

Contact us today for a consultation at (775) 322-6636.