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

• July 12 2025
• |   Wrongful Death

Losing a family member is an indescribably painful experience. The grief can feel insurmountable, leaving you and your family feeling lost and unmoored. When that loss was caused by the negligence or wrongful act of another person or company, the pain is often compounded by a sense of injustice and anger. While no amount of money can ever replace your loved one or fill the void they have left behind, the legal system provides a way to seek accountability and secure the financial stability your family needs to move forward.

This process is known as a wrongful death claim. It is a civil action that allows surviving family members to seek compensation for the immense losses they have suffered. Understanding what this entails can feel like an impossible task when you are grieving. This guide is intended to offer a gentle, clear overview of the types of damages that may be recoverable in a Nevada wrongful death case, helping you understand the path toward justice for your loved one.

Understanding Wrongful Death in Nevada

Under Nevada law (NRS 41.085), a wrongful death occurs when a person’s death is “caused by the wrongful act or neglect of another.” This means that if the person who passed away could have filed a personal injury lawsuit had they survived their injuries, their surviving heirs or the personal representative of their estate can file a wrongful death lawsuit on their behalf.

These cases can arise from many different situations, including:

• Car, truck, or motorcycle accidents
• Medical malpractice
• Defective products
• Unsafe premises or workplace accidents

The goal of a wrongful death claim is twofold: to hold the responsible party accountable for their actions and to compensate the surviving family for the full scope of their losses—both financial and emotional.

Two Primary Categories of Damages

In a Nevada wrongful death case, the recoverable damages are generally divided into two main categories: damages suffered by the estate of the person who passed away, and damages suffered directly by the surviving heirs.

1. Damages Recoverable by the Estate

This category addresses the specific losses that the deceased person (and therefore, their estate) incurred as a direct result of the wrongful act. Think of these as the economic costs tied directly to the injury and death. These can include:

• Medical Expenses: Any medical bills incurred between the time of the accident and the time of your loved one’s passing are recoverable. This can include costs for emergency services, hospitalization, surgeries, medication, and rehabilitative care.
• Funeral and Burial Expenses: The reasonable costs associated with your loved one’s funeral, burial, or cremation are considered a direct financial loss and can be included in the claim.
• Lost Wages and Benefits: This covers the income and benefits your loved one would have earned from the time of their injury until their death.

These damages are paid to the estate and are then distributed to the heirs according to the deceased’s will or Nevada’s intestate succession laws if there was no will.

2. Damages Recoverable by the Heirs

This second category of damages is meant to compensate the surviving family members for their own personal losses. These are often the most significant damages in a wrongful death case, as they seek to quantify the profound human cost of the loss. Nevada law specifically allows heirs to recover compensation for:

• Pain and Suffering of the Deceased: This is a crucial and often misunderstood component. If your loved one was conscious and experienced pain, fear, or suffering before they passed away, their estate can recover damages for that experience. Nevada law recognizes that the victim’s suffering has value, even if they are no longer here to receive the compensation themselves.
• Loss of Probable Support: This refers to the financial support the deceased would have provided to their family throughout their lifetime. This is calculated based on their earning capacity, age, health, and work life expectancy. It includes not just wages but also the value of health insurance, retirement contributions, and other benefits.
• Loss of Companionship, Society, and Consortium: This is perhaps the most personal and profound category of loss. It acknowledges that you have lost more than a provider; you have lost a parent, a spouse, a child. It seeks to compensate for the loss of love, affection, comfort, care, guidance, and intimacy that your loved one provided. For a surviving spouse, this is known as loss of consortium. For a child who has lost a parent, it is the loss of guidance and nurturing.
• Grief and Sorrow: Nevada is one of the few states that explicitly allows surviving family members to recover damages for their own grief and sorrow. The law recognizes that the emotional anguish of losing a family member is a real, tangible harm that deserves to be compensated. This acknowledges the deep emotional trauma that accompanies such a devastating loss.

The Complex Reality: Dealing with Insurance Companies

In most wrongful death cases, the compensation does not come directly from the at-fault individual. Instead, the claim is made against their insurance company. This is where a deeply painful situation can become frustratingly complex.

Insurance companies are for-profit businesses. Their primary goal is to protect their financial interests, which often means paying out as little as possible on claims. They may use various tactics to undervalue your family’s loss. They might question the deceased’s earning potential, downplay the value of their companionship, or make a low settlement offer quickly, hoping you will accept it before you understand the full extent of your damages.

Calculating the true value of a life and the losses a family has endured is a complex and sensitive process. It requires a thorough investigation, expert analysis, and a deep understanding of how to present the full story of your loved one’s life and the impact of their absence. This is not a burden you should have to carry while you are grieving.

How Leverty & Associates Law Can Help You

At Leverty & Associates Law, we understand that you are going through one of the most difficult times of your life. Our approach is built on a foundation of compassion for our clients and an unwavering commitment to seeing them through their darkest moments. We know that your case is about more than just a claim; it’s about honoring the memory of your loved one and securing your family’s well-being.

Our firm’s unique strength lies in our profound understanding of the insurance industry. We don’t just handle personal injury cases; we focus on the complex insurance law issues that arise from them, including bad faith insurance practices. This gives us a distinct advantage when confronting large insurance companies that are trying to unfairly deny or underpay a valid wrongful death claim. With more than 100 years of combined experience and having recovered over $150 million for our clients, our team has the knowledge and dedication to fight for the full and fair compensation you are owed.

If you have lost a loved one due to someone else’s negligence in Nevada, please do not hesitate to reach out to our experienced Reno wrongful death lawyers. We offer free, no-obligation consultations to listen to your story and explain your legal options. Let our family help yours. Call our Reno office at (775) 322-6636 today.