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Car, motorcycle, and truck accidents are among the leading causes of wrongful death. Speeding, DUI, distracted driving, and reckless behavior often result in fatal crashes on busy roads like I‑15 and the Las Vegas Strip.
Las Vegas sees some of the highest pedestrian fatality rates in the country. Drivers who speed, run red lights, or fail to yield at crosswalks on the Strip and busy surface streets can be held liable when a pedestrian is killed.
Surgical errors, misdiagnosis, medication mistakes, and delayed treatment can turn fatal. Fatal malpractice claims follow a different filing deadline than other wrongful death cases, so acting quickly matters.
Fatal workplace incidents, especially in construction, often result from unsafe conditions, equipment failures, or inadequate safety measures. Families may have claims beyond workers' compensation when a third party caused the death.
When a product fails unexpectedly and causes death, manufacturers, distributors, and retailers can be held liable. These cases require fast investigation to preserve the product and prove the defect.
Under NRS 41.085, two parties have legal standing to file after a death in Nevada:
A person who wrongfully caused the death cannot recover as an heir. If no representative is named in a will, the court appoints one.
Nevada's wrongful death statute allows two categories of damages, split between the heirs and the estate.
Heirs may recover for:
The estate recovers separately: funeral and burial costs, any medical bills the deceased racked up before death, the pain and suffering they endured, and punitive damages when the negligence was gross.

A wrongful death occurs when someone dies due to the negligence, recklessness, or intentional act of another person or entity. Under Nevada Revised Statutes 41.085, the surviving family members and the estate may pursue compensation through a civil lawsuit. Common causes include car accidents, medical malpractice, workplace incidents, and defective products
Under NRS 41.085, two parties can file: the deceased person's heirs, such as a surviving spouse or domestic partner, children, and sometimes parents, who file for their own losses, and the personal representative of the estate, who files on behalf of the deceased. A person who wrongfully caused the death cannot recover as an heir.
A wrongful death claim compensates surviving family members for their own losses, such as loss of companionship and financial support. A survival action, brought by the estate, recovers losses the deceased suffered between the injury and death, including their pain and suffering and medical bills. Both can be filed together under NRS 41.085.
Heirs may recover for grief and sorrow, loss of companionship, and loss of the deceased's financial support. The estate may recover funeral and burial costs, the deceased's pre-death medical expenses, and their pain and suffering. In cases of gross negligence, punitive damages may also apply.
You have two years from the date of death to file a wrongful death lawsuit in Nevada, under NRS 11.190. Medical malpractice deaths follow a different deadline: three years from the injury or two years from discovery, whichever comes first. Missing the deadline permanently bars the claim.
A wrongful death claim is a civil case seeking money damages, while a criminal case is brought by prosecutors and can result in imprisonment. You can file a wrongful death claim whether or not criminal charges are brought, and a criminal verdict does not control the civil outcome. Civil cases also use a lower burden of proof.
Wrongful death claims involve strict deadlines, complex evidence, and insurance companies working to minimize payouts. An attorney investigates the death, identifies every liable party, values the claim, and handles all negotiations while your family grieves. Pacific West offers free consultations to evaluate your case.
Pacific West Injury Law handles wrongful death cases on a contingency fee basis. You pay nothing upfront and owe no attorney fees unless we recover compensation for your family, so there is no financial risk.




Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Past results do not guarantee, warrant, or predict future cases. You may have to pay the other side’s attorney’s fees and costs in the event of a loss.
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