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Founding Member & Managing Partner at Gina Corena & Associates
Practice Areas: Personal Injury
Losing a family member because of someone else’s wrongful act can leave surviving relatives facing emotional and financial losses. Nevada law allows surviving family members and the deceased’s estate to seek compensation for those losses.
This guide explains exactly what damages are available, who recovers what, and how those losses are valued. (For who can file and the deadlines, see our overview of Las Vegas wrongful death claims.)
A fatal-accident case in Nevada often involves two separate claims:
The distinction matters because different damages belong to different claimants. Some damages are recovered by surviving family members, while others belong to the estate.
When the estate’s personal representative brings a claim, the recovery can include:
A wrongful death claim allows surviving heirs to recover compensation for their own losses.
Nevada law generally protects damages recovered by heirs from the decedent’s debts. Damages recovered by the estate may be treated differently.
| Funeral and burial expenses | Lost financial support and benefits |
| Final medical / hospital bills | Lost household services |
| Decedent’s pre-death pain, suffering, and lost wages (survival action) | Loss of inheritance |
| Punitive damages (egregious conduct) | Loss of companionship, comfort, and consortium |
| Recovery may be subject to the decedent’s debts | Grief, sorrow, and loss of guidance for children — generally shielded from debts |
In cases involving especially reckless or intentional misconduct, punitive damages may be available to punish the wrongdoer. Drunk-driving cases are a common example.
Nevada generally limits punitive damages under NRS 42.005. In most cases, the cap is three times the amount of compensatory damages, up to $300,000, when compensatory damages exceed $100,000, or $ 100,000 when compensatory damages are less than $100,000.
Certain types of conduct, including drunk driving, may be subject to different rules.
In most wrongful death cases, Nevada does not cap compensatory damages. This includes both economic losses and non-economic damages recovered by surviving family members or the estate.
Punitive damages are different. They are generally subject to the limitations set forth in NRS 42.005. Medical malpractice cases may also be subject to separate rules and limitations.
Valuing a wrongful death claim involves more than adding up medical bills and other financial losses. In many cases, economists, vocational experts, and actuaries are used to estimate the deceased’s future earnings, the value of lost financial support, and the economic impact of services the deceased would have provided to the household.
Non-economic damages can be more difficult to measure. Factors such as the relationship between the deceased and surviving family members, the loss of companionship, and the loss of parental guidance may all play a role.
The strength of the evidence presented significantly affects the value of the claim. Accurate calculations and supporting expert testimony can be important when substantial future losses are at issue.
There is no cap on compensatory wrongful-death damages in most cases. Only punitive damages are capped under NRS 42.005, generally three times compensatory damages, or $300,000 if compensatory damages are under $100,000.
The estate (through the personal representative and the survival action) recovers funeral and final medical costs, the decedent’s pre-death losses, and any punitive damages. The heirs recover their own losses such as lost support, companionship, and grief.
Yes. Nevada heirs can recover non-economic damages including grief and sorrow, loss of companionship and consortium, and loss of a parent’s guidance for minor children.
A survival action (NRS 41.100) is the estate continuing the claim the decedent could have brought for their pain, medical bills, and lost wages before death. The wrongful death claim (NRS 41.085) compensates the surviving family for their own losses.
Usually with a forensic economist who projects the deceased’s likely lifetime earnings and benefits, then reduces that to present-day value, accounting for life expectancy and inflation.
Yes. Punitive damages may be available in cases involving particularly egregious conduct, such as drunk driving or intentional harm. Nevada generally caps punitive damages under NRS 42.005.
Wrongful death cases often involve complex questions about liability, damages, and the losses recoverable by surviving family members and the estate.
The team at Gina Corena & Associates handles wrongful death cases with care and the resources to properly value them. Contact us today for a free consultation.
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.
