Nevada Wrongful Death Laws

The Nevada Wrongful Death Statute can be found in Nev. Rev. Stat. Ann. § 41.085.  Pursuant to the Act, when the death of any person, whether or not a minor, is caused by the wrongful act or neglect of another, the heirs of the decedent and the personal representatives of the decedent may each maintain an action for damages against the person who caused the death.  If the wrongdoer is dead, they can maintain an action against his personal representatives, whether the wrongdoer died before or after the death of the person s/he injured.  If any other person is responsible for the wrongful act or neglect, or if the wrongdoer is employed by another person who is responsible for his conduct, the action may be maintained against that other person, or if he is dead against his personal representatives.

An action brought by the heirs of a decedent and the cause of action of that decedent brought or maintained by his or her personal representatives arising out of the same wrongful act or neglect may be joined.

The heirs may prove their respective damages in the action and the court or jury may award each person pecuniary damages for his or her grief or sorrow, loss of probable support, companionship, society, comfort and consortium, damages for pain, and suffering or disfigurement of the decedent.  The proceeds of any judgment for damages awarded are not subject to any debt of the decedent.

The damages recoverable by the personal representatives of a decedent on behalf of his or her estate include:

(a) Any special damages, such as medical expenses, which the decedent incurred or sustained before his or her death, and funeral expenses; and

(b) Any penalties, including, but not limited to, exemplary or punitive damages that the decedent would have recovered if he had lived, but do not include damages for pain, suffering, or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are liable for the debts of the decedent unless exempted by law[i].

[i] Nev. Rev. Stat. Ann. § 41.085


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