If you’re working with a Las Vegas wrongful death lawyer, one of the first questions you’ll ask is what damages your family can recover. When someone loses their life because of another’s negligence or misconduct, Nevada law allows surviving family members and the estate to pursue compensation through a wrongful death lawsuit.
Nevada’s wrongful death statute (NRS 41.085) separates these cases into two distinct claims: claims brought by heirs for their personal losses and claims brought by the estate for the losses the deceased suffered before death. Both can be pursued in the same lawsuit to fully account for the financial and human impact of the loss.
Understanding how these damage categories work helps families evaluate the true value of a wrongful death claim.
Damages Recovered Through Wrongful Death Claims by Heirs
Family members who bring a wrongful death claim in Nevada can recover damages for the unique hardships they face after losing a loved one. These forms of compensation focus on what each heir personally misses because of the person’s passing. This usually includes:
Loss of Financial Support
Heirs can claim the income the deceased would have contributed to the family over their expected working life. This includes lost wages, future earnings, and extra benefits like health insurance or retirement contributions that would have supported the household. The value of household services provided by the deceased – things like childcare, cleaning, cooking, or maintenance – can also be calculated as a tangible financial loss to the family.
Loss of Companionship, Society, and Comfort
This covers the effects of losing a family member’s presence. Spouses can be compensated for loss of marital relationship and partnership, while children may recover damages for the lost guidance, discipline, and love their parent would have offered.
Grief and Sorrow
Surviving heirs can recover for their emotional suffering, anguish, or heartbreak they experience after the death. These damages are meant to acknowledge the deep sadness and lingering sorrow that each survivor feels in the aftermath.
Damages Recovered For The Estate
This part of the claim is brought for losses the deceased personally suffered from the incident leading to death until the time of passing. Any award or settlement here is typically distributed according to the will or state law. These losses usually include:
Medical Expenses Before Death
If the deceased received ER treatment, hospitalization, surgeries, medications, or other medical intervention caused by the accident, those bills can be reimbursed through the estate’s claim.
Funeral and Burial Expenses
The cost of a burial and memorial service can be overwhelming for grieving families. Damages can include all funeral, burial, cremation, and related final expenses that stem from the loss.
Lost Wages Between Injury and Death
There may be a period, varying from hours to weeks or more, where the deceased was unable to work due to their injuries before passing away. Any lost income in that stretch and related economic opportunities can form part of the estate’s damages in a wrongful death claim.
Pain and Suffering Experienced Before Death
This type of compensation addresses what the decedent endured in the time between their injury and when they passed. The law allows for damages if there’s evidence that the deceased consciously suffered or experienced physical pain after the accident but before dying.
Combining these wrongful death claims ensures all meaningful losses, both emotional and financial, are accounted for under Nevada’s wrongful death statute.
Punitive Damages in Nevada Wrongful Death Cases
Punitive damages are a special type of compensation that may be available in Nevada wrongful death lawsuits when the party at fault acted with extreme wrongdoing. These damages are not meant to cover an economic or emotional loss experienced by heirs or the estate. They are meant to punish and deter future conduct by making an example out of especially bad behavior.
Under Nevada law (NRS 42.005), punitive damages can be awarded if the defendant’s conduct went beyond ordinary negligence and was done with oppression, fraud, or malice.
NRS 42.005  Exemplary and punitive damages: In general; limitations on amount of award; determination in subsequent proceeding.
      1.  Except as otherwise provided in NRS 42.007, in an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice, express or implied, the plaintiff, in addition to the compensatory damages, may recover damages for the sake of example and by way of punishing the defendant.
For example, a wrongful death caused by a drunk driver or a company knowingly putting the public at risk may be grounds for punitive damages.
The goal is to discipline defendants whose actions were egregiously dangerous, deceptive, or spiteful.
Caps on Punitive Damages in Nevada Cases
There are limits (caps) on how much can be awarded as punitive damages in most cases:
- If the jury awards compensatory damages of $100,000 or more, the cap is three times the amount of the compensatory damages.
- If compensatory damages are less than $100,000, the most the jury can award is $300,000.
Except as otherwise provided in this section or by specific statute, an award of exemplary or punitive damages made pursuant to this section may not exceed:
(a) Three times the amount of compensatory damages awarded to the plaintiff if the amount of compensatory damages is $100,000 or more; or
(b) Three hundred thousand dollars if the amount of compensatory damages awarded to the plaintiff is less than $100,000.
Certain types of cases are exceptions for these limits and can lead to recovery amounts above the typical cap.
Punitive damages are not guaranteed and must be supported by clear and convincing evidence.
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Deadline to File a Wrongful Death Lawsuit in Nevada
Nevada gives you two years from the date of your loved one’s death to file a wrongful death lawsuit in most cases. Missing this statute of limitations nearly always means losing your right to recover damages, so acting quickly is crucial.
If you have questions about deadlines or your rights, contact our team of Las Vegas personal injury lawyers. We’re always here and ready to schedule your free consultation.
