Who Can File a Wrongful Death Lawsuit in Nevada?

• July 16 2025
• |   Wrongful Death

In Nevada, a wrongful death lawsuit can be filed by either the personal representative of the deceased person’s estate or by the deceased person’s legal heirs.

A wrongful death lawsuit is a civil action brought against a party whose wrongful act, negligence, or default caused another person’s death. It seeks to hold the responsible party accountable and recover compensation for the losses suffered by the surviving family members and the deceased’s estate.

While no amount of money can replace a loved one, this legal process can provide a sense of justice and the financial stability needed to move forward.

Defining Who Can File: Personal Representatives and Heirs

Nevada law is specific about who is permitted to bring a wrongful death action. Let’s break down the two main parties that can initiate this process.

1. The Personal Representative of the Estate

The personal representative is the individual or entity legally appointed to manage the deceased person’s final affairs.

• If the deceased person (the “decedent”) had a valid will, they likely named an “executor” or “executrix” to serve in this role.
• If the decedent died without a will (known as “intestate”), a Nevada court will appoint an administrator to serve as the personal representative.

This individual acts on behalf of the estate, and any damages they recover for the estate’s losses (like medical bills or funeral costs) will be distributed according to the will or state law.

2. The Heirs of the Deceased

Alternatively, the law allows the decedent’s “heirs” to file the lawsuit directly. Nevada Revised Statute (NRS) 41.085 defines who qualifies as an heir for the purpose of a wrongful death claim. This typically includes:

• The surviving spouse or domestic partner.
• The children of the deceased.
• The parents of the deceased, if there is no surviving spouse, domestic partner, or child.
• Other relatives—either by blood, adoption, or marriage—such as siblings, if they can prove they were financially dependent on the deceased.

When heirs file a wrongful death lawsuit, they are seeking damages for their own personal losses, such as their grief and the loss of their loved one’s companionship and support.

What Must Be Proven in a Wrongful Death Case?

To succeed in a wrongful death lawsuit, the filing party must prove several key elements, which are generally rooted in the legal concept of negligence.

• Duty of Care: The at-fault party owed the deceased a legal duty to act with reasonable care. For example, all drivers have a duty to operate their vehicles safely and obey traffic laws.
• Breach of Duty: The at-fault party breached that duty through a negligent or intentional act. This could be a distracted driver running a red light, a doctor providing substandard medical care, or a property owner failing to fix a dangerous condition.
• Causation: This breach of duty was the direct and primary cause of the person’s death. The plaintiff must draw a clear line from the defendant’s wrongful act to the fatal outcome.
• Damages: As a result of the death, the heirs and/or the estate suffered measurable losses, known as damages.

What Damages Are Available in a Nevada Wrongful Death Lawsuit?

The compensation sought in a wrongful death case is meant to address the full scope of losses caused by the death. These damages are typically awarded to the heirs for their personal suffering or to the estate for its financial losses. Damages may include

• Sorrow and mental anguish: The deep grief and emotional pain experienced by the family.
• Loss of companionship, society, and comfort: The loss of the love, affection, and presence of the deceased in the family’s daily life.
• Loss of probable support: The financial support the deceased would have provided to their family throughout their lifetime.
• Loss of consortium: A specific claim for a surviving spouse or domestic partner for the loss of intimacy and companionship.
• Medical expenses: The cost of all medical care the deceased received between the time of the accident and their passing.
• Funeral and burial expenses: The costs associated with laying the loved one to rest.
• Lost wages and benefits: The income the deceased would have earned had they lived.
• Pain and suffering of the deceased: In some cases, the estate can recover damages for the conscious pain and suffering the decedent experienced before they died. This is technically part of a separate but related “survival action.”
• Punitive damages: In cases where the defendant’s conduct was especially reckless or malicious, a court may award punitive damages, which are intended to punish the wrongdoer and deter similar behavior in the future.

The Complications of Insurance Companies

After a tragic loss, families expect compassion and fairness. Unfortunately, when dealing with insurance companies, they often encounter the opposite. Whether you are dealing with the at-fault party’s insurer or, in some cases, your own insurance provider, the process can be incredibly frustrating.

Insurance companies are for-profit businesses. Their primary goal is to protect their bottom line, which often means paying out as little as possible. In the wake of a wrongful death, you may face tactics designed to delay, devalue, or deny a rightful path to compensation. These can include:

• Offering a quick, low settlement before you understand the full extent of your losses.
• Disputing the fault of their policyholder, even when the evidence is clear.
• Creating endless bureaucratic hurdles and requesting duplicative paperwork to wear you down.
• Arguing that the deceased was partially at fault to reduce the payout amount.

When an insurance company acts in “bad faith”—meaning they unfairly or dishonestly refuse to honor their obligations under a policy—it adds another layer of injustice to an already heartbreaking situation. This is when having a legal advocate who truly understands the insurance industry’s playbook becomes invaluable.

The Statute of Limitations: A Critical Deadline

It is essential to know that Nevada law imposes a strict time limit for filing a wrongful death lawsuit. Generally, you have two years from the date of the person’s death to initiate legal proceedings. If you fail to file a lawsuit within this period, you will likely lose your right to seek compensation forever. While there are very limited exceptions, this deadline underscores the importance of speaking with a knowledgeable attorney as soon as you feel able.

How a Compassionate and Experienced Reno Wrongful Death Attorney Can Help

The unexpected loss of a loved one is a profoundly devastating experience. The dedicated team of Reno wrongful death lawyers at Leverty & Associates Law is here to help you seek justice on behalf of your loved one. Our lawyers approach every case with the compassion and commitment your family deserves.

Our firm’s deep proficiency in Nevada insurance law is the bedrock of our practice. This gives us a unique advantage in fighting for our clients, as we are intimately familiar with the unfair tactics insurance companies use to protect their profits. With more than 100 years of combined experience and over $150 million recovered for our clients, we have the knowledge and resources to stand up to large corporations and their legal teams.

We believe in open communication, providing an accurate assessment of your case, and handling every detail with care. If your family is facing the devastating aftermath of a wrongful death, you do not have to face the fight for justice by yourself. We invite you to contact our Reno office at (775) 322-6636 for a free, compassionate consultation to discuss your situation. We work on a contingency fee basis, which means you pay no attorney fees unless we secure a settlement or a court award for you.

Call us today and let our family help yours.