What Damages Can You Recover in a Nevada Wrongful Death Case?

• December 4 2025
• |   Wrongful Death

In Nevada, a wrongful death claim is the legal mechanism that allows surviving family members to hold the responsible party accountable and seek compensation for the immense losses they have endured.

At Leverty & Associates Law, we understand that no amount of money can replace your loved one. However, securing a comprehensive damage award is crucial for providing financial stability and ensuring justice for the future that was unjustly taken away.

Understanding the types of damages available under the Nevada Revised Statutes (NRS) is the first step in preparing a strong case. Damages in a wrongful death case are broadly divided into two categories: those recoverable by the heirs for their personal losses, and those recoverable by the estate for losses incurred by the deceased before death.

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

Key Takeaways: Recoverable Damages in Nevada

• Two Categories of Loss: Damages are recovered under two main categories: those for the Heirs/Beneficiaries (for their personal losses) and those for the Estate (for the deceased person’s pre-death losses).
• Economic Damages: Recoverable financial losses include Lost Financial Support (future earnings) and the value of Lost Services (e.g., childcare, household management).
• Non-Economic Damages: These compensate the family for loss of companionship, society, and comfort, as well as their grief and sorrow.
• Estate Damages: The estate recovers the deceased’s medical and funeral expenses and compensation for the victim’s pain and suffering between the injury and death (Survival Action).
• Punitive Damages: Available in cases of extreme recklessness (like DUI) to punish the defendant and deter future misconduct, though they are subject to statutory caps under NRS § 42.005.
• Expert Valuation is Essential: Maximizing recovery requires the use of forensic economists and other experts to accurately calculate the present-day value of all past and future losses.

1. Damages Recoverable by the Heirs and Beneficiaries

These damages are intended to compensate the surviving family members for the losses they personally suffer due to the absence of their loved one. Nevada law recognizes that these losses are both economic and non-economic (intangible).

A. Economic Damages (Calculable Financial Losses)

Economic damages seek to compensate the family for the tangible financial support the deceased person would have provided over their expected lifetime. These are typically calculated using forensic economists and are often the largest component of a wrongful death award.

• Lost Financial Support and Contributions: This is compensation for the income and wages the deceased would have earned had they lived a normal life expectancy. This calculation considers the deceased person’s age, career trajectory, earning potential, and expected retirement age.
• Lost Services: This compensates the family for the value of the non-wage services the deceased provided to the household. This includes the cost of replacing:
  • Childcare and babysitting services.
  • Household management, cleaning, and maintenance.
  • Personal financial management and budgeting.
• Loss of Inheritance: If the deceased person was earning income, a portion of that income would have accumulated into an estate to be passed down to the heirs. This damage category seeks to recover the estimated financial assets the beneficiaries would have eventually inherited.

B. Non-Economic Damages (Intangible Personal Losses)

These damages acknowledge the profound emotional and intangible losses that family members suffer. While difficult to quantify, they are central to securing justice for the family’s pain.

• Loss of Companionship, Society, and Comfort: This compensates the spouse and children for the loss of the deceased’s love, guidance, moral support, intimacy, care, and protection. For a child, this includes the permanent loss of parental guidance and nurturing.
• Grief and Sorrow: Nevada law allows surviving heirs to recover damages for the acute emotional distress, pain, and suffering directly related to the death.
• Loss of Training and Guidance (for Children): This specifically compensates minor children for the absence of the intellectual and emotional guidance and instruction their parent would have provided through their formative years.

2. Damages Recoverable by the Estate

These damages cover the losses incurred directly by the deceased person or the estate as a result of the fatal injury, prior to the death.

• Medical and Hospital Expenses: The estate can recover the full cost of all necessary and reasonable medical treatment, ambulance services, hospital stays, and emergency procedures administered to the victim from the time of injury until the time of death.
• Funeral and Burial Expenses: This covers the reasonable costs associated with the burial, cremation, memorial services, and related expenses.
• Damages for Pain and Suffering (Survival Action): In Nevada, the estate can pursue a Survival Action for damages the deceased suffered between the time of injury and the time of death. If the victim was conscious and experienced pain, terror, or suffering before passing, the estate can recover compensation for that pain.

3. Punitive Damages (When Negligence is Extreme)

In cases where the defendant’s conduct was particularly egregious, malicious, or reckless, the court may award punitive damages in addition to the compensatory damages listed above.

The purpose of punitive damages is not to compensate the family, but to punish the defendant for their willful or oppressive behavior and to deter similar conduct in the future.

• Examples: Punitive damages are most common in Nevada wrongful death cases involving:
  • Drunk Driving (DUI): Extreme recklessness demonstrates a conscious disregard for public safety.
  • Intentional Acts: Death resulting from assault or battery.

Under NRS § 42.005, punitive damages are generally capped at three times the amount of compensatory damages if the compensatory award is $100,000 or more, or $300,000 if the compensatory award is less than $100,000.

The Importance of Precise Valuation

Successfully recovering the maximum possible damages in a Nevada wrongful death case requires more than simply presenting bills and tax forms. It requires sophisticated valuation. We routinely work with a team of experts to establish comprehensive damages:

• Forensic Economists: They calculate the present-day value of lost financial support and loss of inheritance, factoring in inflation, taxes, future wage growth, and life expectancy.
• Vocational Experts: They determine the deceased person’s potential earning capacity had their life not been cut short, especially crucial for young victims or those undergoing career changes.
• Actuaries: They help calculate the financial value of benefits and retirement funds that were lost.

By meticulously building the evidence for both economic and non-economic losses, we ensure that every aspect of the family’s suffering and financial harm is accurately presented to the insurance companies or the jury.

If you are managing the consequences of a fatal accident caused by negligence, don’t let the complexity of damage calculation prevent you from seeking justice. Leverty & Associates Law is committed to aggressively pursuing every avenue of compensation available under Nevada law.

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