In Nevada, wrongful death is a civil cause of action that arises when a person is killed as a result of someone else’s wrongdoing. In these cases, a claim to recover damages can be brought by:
- the executors of the victim’s estate and/or
- the surviving family members.
The hierarchy of surviving family members who can bring a wrongful death claim (in order of seniority) are the victim’s:
- spouse, domestic partner, or children
- parents
- siblings
- closest surviving family member
Families typically have a two-year MGM Agrees to Pay Las Vegas Shooting Victims Up to $800 Million, New York Times (October 3, 2019). See also NRS 41.130 Liability for personal injury. (“Except as otherwise provided in NRS 41.745, whenever any person shall suffer personal injury by wrongful act, neglect or default of another, the person causing the injury is liable to the person injured for damages; and where the person causing the injury is employed by another person or corporation responsible for the conduct of the person causing the injury, that other person or corporation so responsible is liable to the person injured for damages.”).
- Pitman v. Thorndike, (D. Nev. 1991) 762 F. Supp. 870 (Lexis: Pain and suffering, to be compensable in a Nevada wrongful death action, must be consciously experienced. Thus, under the provision for pain and suffering, plaintiffs could only recover for that part of the decedents’ “loss of the hedonic value of human life,” that was consciously experienced before death. Furthermore, as the list of recoverable damages is exclusive, and pain and suffering is the only term that could encompass this loss, plaintiffs could not recover for any other part of the loss.).
- Freeman v. Davidson, (1989) 105 Nev. 13, 768 P.2d 885 (Lexis: The legislature carefully chose the words “probable support.” The legislature’s intent should be given full effect. Heirs’ damages, based on the decedent’s lost earning capacity, may include present as well as future loss of support.)
- NRS 41.085; Pitman v. Thorndike, (D. Nev. 1991) 762 F. Supp. 870 (Lexis: Since common law provides no wrongful death action Nevada’s statutory remedy is exclusive; furthermore, the types of damages listed therein are exclusive.); also see“Settling Wrongful Death Claims in Nevada“, Nevada Lawyer (2017)(“In Nationwide Mut. Ins. v. Moya, (1992) 108 Nev. 578, 837 P.2d 426, the Nevada Supreme Court held that while the claim of the estate and the claim of each heir was independent, all claimants of the same decedent must share as a group the one “per person” limit of the tortfeasor’s bodily injury liability coverage. This often forces liability insurers to face the classic problem of multiple claimants making claim to the same inadequate policy limit. The Nevada Supreme Court has not said whether an insurance company can lawfully pay the full insurance proceeds to one of many claimants without breaching its contractual or good faith obligations to the insured, even though other claimants remain unpaid.”).
- Freeman v. Davidson, (1989) 105 Nev. 13, 768 P.2d 885 (Lexis: The Supreme Court of Nevada has recently approved the use of an economist to assist in the determination of damages.). In any case, the plaintiffs’ attorney would thoroughly investigate all the relevant evidence to the person’s death in order to argue for the highest recovery of damages possible. Since damages are often speculative and difficult to calculate, the parties may rely on an economist to help determine what the damages should be
- See Mike Mills, Settling Wrongful Death Claims in Nevada, Nevada Lawyer (January, 2017); Benchmark Ins. Co. v. Sparks (2011) 127 Nev. 407, 254 P.3d 617; Albios v. Horizon Cmtys., Inc. (2006) 122 Nev. 409, 431, 132 P.3d 1022, 1036.
- NRS 41A.015; Gilloon v. Humana, Inc., (1984) 100 Nev. 518, 687 P.2d 80 (Lexis: “In an action for wrongful death, the injury contemplated by NRS 41A.097 relating to medical malpractice is the death of the malpractice victim and the two-year period of limitation begins to run from the time of death or the discovery thereof.”); Perez v. Las Vegas Medical Ctr., (1991) 107 Nev. 1, 805 P.2d 589 (“…the “loss of chance” doctrine. Under this doctrine, the injury to be redressed by the law is not defined as the death itself, but, rather, as the decreased chance of survival caused by the medical malpractice…Of course, the plaintiff or injured person cannot recover merely on the basis of a decreased chance of survival or of avoiding a debilitating illness or injury; the plaintiff must in fact suffer death or debilitating injury before there can be an award of damages. Additionally, the damages are to be discounted to the extent that a preexisting condition likely contributed to the death or serious debilitation. Specifically, “[t]he amount of damages recoverable is equal to the percent of chance [of survival] lost [due to negligence] multiplied by the total amount of damages which are ordinarily allowed in a wrongful death action.” McKellips, 741 P.2d at 476. By defining the injury as the loss of chance of survival, the traditional rule of preponderance is fully satisfied. In cases in which the plaintiff prevails, it can be said that the medical malpractice more probably than not decreased a substantial chance of survival and that the injured person ultimately died or was severely debilitated. Specifically, in order to create a question of fact regarding causation in these cases, the plaintiff must present evidence tending to show, to a reasonable medical probability, that some negligent act or omission by health care providers reduced a substantial chance of survival given appropriate medical care. In accord with other courts adopting this view, we need not now state exactly how high the chances of survival must be in order to be “substantial.” We will address this in the future on a case by case basis. There are limits, however, and we doubt that a ten percent chance of survival as referred to in the example in the dissenting opinion would be actionable. Survivors of a person who had a truly negligible chance of survival should not be allowed to bring a case fully through trial. Perhaps more importantly, in cases where the chances of survival were modest, plaintiffs will have little monetary incentive to bring a case to trial because damages would be drastically reduced to account for the preexisting condition.”). See also Igtiben v. State (2024) Nev. Adv. Op. 9 (“[Re. RS 41A.097(2)] We emphasize that, unless there is an impediment to pursuing an action such as the concealment of medical records, once the plaintiff or the plaintiffs representative has received all necessary medical records documenting the relevant treatment and care at issue, inquiry notice of a claim commences.”)