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The wife and estate of Roberto Samonte Bernales filed a wrongful death lawsuit against Boyd Gaming and the manufacturers of a moving walkway at the Suncoast Hotel and Casino after he suffered fatal injuries in a fall. The lawsuit alleged that adequate warnings were not provided for individuals using walkers.
Cases like this raise questions many families never expect to face. When a death is caused by negligence, Nevada law allows certain family members and the estate to pursue a wrongful death claim against those responsible.
This guide explains who can file a wrongful death claim in Las Vegas, the applicable deadlines, and the steps involved in pursuing a case. For a full breakdown of compensation, see our guide to Nevada wrongful death damages.
Under NRS 41.085, a wrongful death claim arises when someone dies because of another person’s negligence or wrongful conduct. The death does not have to result from an intentional act. A fatal car accident, unsafe property condition, medical error, or other act of negligence may support a claim.
Unlike a criminal case, a wrongful death lawsuit is a civil action brought on behalf of surviving family members and the estate. Its purpose is to recover compensation for the losses caused by the death.
Nevada actually recognizes two related claims after a fatal accident, and it helps to know the difference:
Many cases involve both. They can be pursued together, but they compensate different losses and different parties.
Wrongful death cases can arise from many different types of negligence. Some of the most common involve car, truck, and motorcycle accidents, pedestrian and bicycle crashes, medical malpractice, unsafe property conditions, defective products, and acts of intentional violence.
In most Nevada wrongful death cases, the deadline to file a lawsuit is two years from the date of death under NRS 11.190(4)(e). Certain claims follow different rules, including those involving medical malpractice or government entities. Because filing deadlines can vary depending on the circumstances, it is important to determine the applicable time limit as early as possible.
A wrongful death claim is built on the same four elements as any negligence case:
Gathering evidence such as death certificates, accident or premises records, witness statements, and expert analysis proves these elements.
Nevada law sets who may bring a wrongful death claim, generally in this priority:
Eligibility of the heirs is governed by Nevada’s succession rules (NRS Chapter 134). Note that unmarried partners and close friends generally cannot file, even if they were emotionally or financially close to the deceased.
Nevada follows a “one-action rule” for wrongful death: all eligible heirs must join in a single lawsuit rather than filing separate claims. This keeps the case unified and avoids competing suits over the same death, but it also means the family should coordinate early so no one’s interests are left out.
While every case is different, most wrongful death claims follow a similar path:
The timeline depends on the complexity of the case, the number of parties involved, and whether a settlement is reached before trial.
Many wrongful death claims are paid through insurance, but available coverage does not always reflect the full extent of a family’s loss. In some cases, multiple family members may pursue claims under a limited policy, making it important to identify all potentially responsible parties and sources of coverage.
These cases come with real hurdles: proving the defendant’s actions directly caused the death, gathering evidence when witnesses are reluctant, the emotional strain on a grieving family, and defense teams working to minimize liability. Knowing the challenges in advance helps a family prepare for them.
Damages may include financial losses such as lost support, funeral expenses, and medical bills, as well as compensation for grief, loss of companionship, and other non-economic harms. For a detailed discussion of available damages and who may recover them, see our guide to Nevada wrongful death damages.
Generally, the estate’s personal representative, then the surviving spouse or domestic partner and children, then parents, then siblings or the nearest relative. Unmarried partners and friends usually cannot file.
Usually two years from the date of death under NRS 11.190. Medical-malpractice deaths are governed by NRS 41A.097, and claims against government entities have a shorter notice deadline.
A wrongful death claim (NRS 41.085) compensates the family for their losses. A survival action (NRS 41.100) lets the estate continue the claim the deceased could have brought for their own pre-death losses.
No. Nevada’s one-action rule requires all eligible heirs to join a single wrongful death lawsuit, so the family should coordinate early.
Consultation, investigation of fault, filing and serving the complaint, discovery and depositions, settlement or mediation, and trial if needed.
It varies. A case that settles can resolve in months; one that goes through full discovery and trial can take a year or more, depending on complexity.
A wrongful death claim can raise difficult legal and financial questions at an already challenging time. Call 702-680-1111 or contact the wrongful death team at Gina Corena & Associates for a free consultation, and we’ll help you understand your options and protect your family’s rights.
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.
