If you have lost a loved one due to someone else’s negligence in Nevada, understanding your legal rights is a critical first step toward justice. This guide covers Nevada’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Nevada allows family members to file directly and imposes no caps on general wrongful death claims. Medical malpractice caps are undergoing a phased increase under a 2023 law, making specialized guidance important.
Nevada Wrongful Death Laws
The Nevada Wrongful Death Statute
Nevada’s wrongful death law is governed by Nevada Revised Statutes § 41.085. The statute allows certain family members to file directly.
Who Can File
Nevada allows the spouse, children, or parents of the deceased to file directly.
Statute of Limitations
Nevada imposes a 2-year statute of limitations, measured from the date of death.
Recoverable Damages
Nevada allows recovery for pecuniary loss, grief, loss of companionship, and funeral expenses. For general wrongful death claims, there are no caps. Medical malpractice wrongful death claims are subject to a phased non-economic cap under AB404 (2023) (NRS 41A.035): the cap increases by $80,000 each January 1 starting 2024 until reaching $750,000 in 2028, then adjusting annually by 2.1% per year thereafter. Current cap: $510,000 in 2025 (up from $430,000 in 2024). The $750,000 ceiling applies from January 1, 2028 onward.
Survival Action
Nevada maintains a separate survival action alongside the wrongful death claim.
Top 3 Wrongful Death Attorneys in Nevada
1. Claggett & Sykes Law Firm
Location: Las Vegas & Reno, NV
Phone: (702) 333-7777
Website: https://claggettlaw.com
An elite trial firm that frequently secures record-breaking, multi-million dollar verdicts. Because of the complex, shifting AB404 caps on medical malpractice in Nevada, their highly specialized medical-legal team knows exactly how to maximize the newly available non-economic limits while simultaneously pursuing completely uncapped economic damages.
2. Richard Harris Law Firm
Location: Las Vegas, NV (Serving statewide)
Phone: (702) 444-4444
Website: https://richardharrislaw.com
The largest personal injury firm in Nevada, with virtually limitless resources. Given Nevada’s high volume of fatal tourist accidents, DUI crashes, and casino and hotel negligence, Richard Harris Law is uniquely equipped to handle massive corporate defendants. Because family members can file directly, their team provides immediate support to secure evidence.
3. Benson & Bingham Accident Injury Lawyers, LLC
Location: Las Vegas, Henderson, Reno, NV
Phone: (702) 382-9797
Website: https://bensonbingham.com
A powerhouse in Nevada motor vehicle, rideshare, and commercial trucking fatalities. They are highly skilled at utilizing Nevada’s separate survival action to claim punitive damages if the death was caused by gross negligence, layering it on top of the family’s uncapped grief and loss of companionship wrongful death claims.
Frequently Asked Questions
How does AB404 affect Nevada medical malpractice wrongful death claims?
Before AB404, Nevada’s non-economic damages cap for medical malpractice was a fixed $350,000. The 2023 law replaced this with a phased annual increase: $430,000 in 2024, $510,000 in 2025, $590,000 in 2026, $670,000 in 2027, $750,000 in 2028, then 2.1% annually thereafter. The applicable cap is set by the year when the lawsuit is first filed (not the incident date). Economic damages remain fully uncapped under both frameworks.
Who can file a wrongful death lawsuit in Nevada?
Nevada allows the spouse, children, or parents to file directly, without needing a court-appointed Personal Representative.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney as soon as possible. The 2-year deadline runs from the date of death. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
Nevada’s wrongful death framework – direct filing rights and no caps on general claims – provides families with strong legal tools. The evolving medical malpractice cap structure under AB404 makes experienced representation essential. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.