Wrongful Death vs. Survival Action: What’s the Difference in Nevada?

• June 3 2025
• |   Wrongful Death

When the unthinkable happens and a loved one is lost due to someone else’s negligence, it’s difficult to process the emotional pain and financial uncertainty that follows. That loss can leave a family devastated while raising important questions about justice and compensation for the harm caused. Although no legal action can undo the grief of losing someone, Nevada law provides two potential avenues for seeking financial recovery in such cases: wrongful death actions and survival actions.

Both wrongful death and survival actions exist to provide a measure of justice and accountability, but they are different in their purpose and the types of damages they address. Understanding these distinctions can help you make informed decisions about next steps after a tragic loss.

What Is a Wrongful Death Claim?

A wrongful death claim is a legal action brought by the close relatives of a deceased person to seek compensation for the death-related losses they have suffered. This type of claim focuses on the impact the death has had on those close to the victim, such as surviving family members or dependents.

Under Nevada law, wrongful death claims may be filed in cases where someone’s negligence, recklessness, or intentional misconduct caused the death of another person. Common examples include fatal car accidents, workplace accidents, or medical malpractice incidents.

Who Can File a Wrongful Death Claim in Nevada?

Nevada law specifies that certain individuals are eligible to file a wrongful death claim. These include:

• The deceased person’s spouse or domestic partner
• Children of the deceased
• Parents, if there are no surviving spouses or children
• Executors or administrators of the deceased person’s estate, in some cases

Essentially, the people who depended on the deceased for financial or emotional support are prioritized in wrongful death claims.

What Damages Can Be Recovered in a Wrongful Death Claim?

The damages recoverable in a wrongful death claim are focused on the harm suffered by the surviving family members as a result of the loss. Some of these damages include:

• Funeral and burial costs: The expenses paid to lay a loved one to rest.
• Loss of financial support: Compensation for the income the deceased would have earned if they had lived.
• Loss of companionship and care: This applies to the emotional and practical support provided by the deceased.

These damages are intended to ease the burden placed on the surviving family members and help them rebuild their lives after their loss.

What Is a Survival Action?

Unlike a wrongful death claim, a survival action focuses not on the damage done to the deceased person’s loved ones but on the harm and suffering experienced by the deceased themselves before they passed away. Simply put, a survival action allows the deceased person’s estate to continue any personal injury claim the deceased would have had if they had lived.

The term “survival” derives from the fact that the legal claims of the deceased person “survive” their death, giving their estate the right to pursue the case. These claims cover the person’s pain and suffering and other damages incurred prior to their death.

Who Can Pursue a Survival Action in Nevada?

Survival actions are typically filed by the personal representative of the deceased person’s estate. The personal representative might be someone named in the deceased’s will or trust, or they may be appointed by the court if no will exists.

Survival actions are brought on behalf of the deceased person’s estate, and any financial recovery goes into the estate before being distributed to heirs or beneficiaries.

What Damages Can Be Recovered in a Survival Action?

The damages recoverable in a survival action are different from those in a wrongful death claim because they center on what the deceased experienced prior to their passing. These damages may include:

• Medical expenses: All medical costs related to the deceased’s injuries, from hospital stays to surgeries or medications.
• Lost wages: Any income the deceased could not earn due to their injuries prior to death.
• Pain and suffering: The emotional and physical pain the deceased experienced as a result of the injury.

It’s important to note that punitive damages can only be sought against the responsible person or entity themselves and not their estate if they also passed away.

Key Difference Between Wrongful Death and Survival Actions

The main distinction between wrongful death and survival actions lies in their purpose:

• Wrongful death claims compensate the surviving family members for the losses they endured due to their loved one’s passing.
• Survival actions compensate the deceased person’s estate for the harm and suffering they experienced before their death.

These two types of legal actions are not mutually exclusive. Depending on the circumstances, it may be possible to pursue both a wrongful death claim and a survival action simultaneously. Combining the two allows for a more comprehensive pursuit of justice, covering both the losses to the family and the injuries sustained by the deceased.

Time Limits for Filing Wrongful Death and Survival Actions in Nevada

Nevada law applies specific timeframes, known as statutes of limitations, to wrongful death and survival actions. Understanding and adhering to these deadlines is crucial because missing them can mean forfeiting your right to pursue legal action and recover damages.

• Wrongful death claims must generally be filed within two years of the deceased person’s death.
• Survival actions must typically be filed within the same time limit the deceased person would have had to file a personal injury lawsuit before they passed away, which is often two years from the time of the accident or injury. If the deceased person dies less than a year before the statute of limitations would expire, their estate may have up to one additional year from the date of death to file the survival action.

Given the complexity of these statutes and the emotional challenges involved in the legal issues during a period of grief, it’s always wise to consult an attorney to ensure your rights are protected.

Why Legal Guidance Matters

Wrongful death and survival claims offer vital paths to justice and compensation, but understanding the legal nuances and preparing a compelling case will require experienced advocacy.

That’s where we come in. At Leverty & Associates Law, we have extensive experience handling wrongful death and survival actions in Nevada. We are committed to giving families compassionate support while fighting for the justice and compensation they deserve. Our focus is always on ensuring the legal process is as seamless as possible during an unquestionably difficult time.

Contact us today at (775) 322-6636 or through our online form for a free case consultation to discuss your case. Together, we can work toward the resolution you and your family need to begin moving forward.