NRS 41.085 Actions for Death by Wrongful Act or Neglect

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NRS 41.085 Heirs and personal representatives may maintain action.

      1.  As used in this section, “heir” means a person who, under the laws of this State, would be entitled to succeed to the separate property of the decedent if the decedent had died intestate. The term does not include a person who is deemed to be a killer of the decedent pursuant to chapter 41B of NRS, and such a person shall be deemed to have predeceased the decedent as set forth in NRS 41B.330.

      2.  When the death of any person, whether or not a minor, is caused by the wrongful act or neglect of another, the heirs of the decedent and the personal representatives of the decedent may each maintain an action for damages against the person who caused the death, or if the wrongdoer is dead, against the wrongdoer’s personal representatives, whether the wrongdoer died before or after the death of the person injured by the wrongdoer. If any other person is responsible for the wrongful act or neglect, or if the wrongdoer is employed by another person who is responsible for the wrongdoer’s conduct, the action may be maintained against that other person, or if the other person is dead, against the other person’s personal representatives.

      3.  An action brought by the heirs of a decedent pursuant to subsection 2 and the cause of action of that decedent brought or maintained by the decedent’s personal representatives which arose out of the same wrongful act or neglect may be joined.

      4.  The heirs may prove their respective damages in the action brought pursuant to subsection 2 and the court or jury may award each person pecuniary damages for the person’s grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are not liable for any debt of the decedent.

      5.  The damages recoverable by the personal representatives of a decedent on behalf of the decedent’s estate include:

      (a) Any special damages, such as medical expenses, which the decedent incurred or sustained before the decedent’s death, and funeral expenses; and

      (b) Any penalties, including, but not limited to, exemplary or punitive damages, that the decedent would have recovered if the decedent had lived,

Ê but do not include damages for pain, suffering or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are liable for the debts of the decedent unless exempted by law.

      (Added to NRS by 1979, 458; A 1995, 2667; 1999, 1354)

Nevada Revised Statutes (NRS) Chapter 41, Section 085

Plain English Explanation

In Nevada when someone dies because of another person’s wrongful act or neglect the law lets two groups bring a lawsuit to seek money damages. The first group is the heirs of the person who died. Heirs are those individuals who would inherit that person’s separate property if there were no will and who are not disqualified because they caused the death. The second group is the personal representative of the deceased person’s estate.

Both heirs and the personal representative can sue the person who caused the death or that person’s estate if the wrongdoer has already died. If someone else is responsible, such as an employer whose employee caused the death, the action can also be brought against that other party or its estate.

Heirs and the personal representative can join their claims into one single lawsuit when they arise from the same wrongful act or neglect. This helps avoid multiple separate cases covering the same facts.

In a lawsuit brought by heirs the court or jury may award each heir money to cover grief sorrow loss of likely support companionship comfort and the value of the relationship that was lost. They can also recover damages for any pain suffering or disfigurement the deceased suffered before death. Money awarded to heirs cannot be used to pay any debts the deceased owed.

The personal representative may recover different damages on behalf of the estate. These include special out-of-pocket costs such as medical bills the deceased incurred before dying and funeral expenses. The estate can also seek any penalties or punitive damages the deceased could have claimed had they survived. Money awarded to the estate may be used to pay the deceased’s debts unless the law says otherwise

Overview of NRS 41.085

NRS 41.085 forms the cornerstone of wrongful death litigation in Nevada. It provides a clear path for families to seek justice when negligence or intentional acts lead to a loved one’s death. This statute not only defines who can bring such actions but also outlines the potential scope of recoverable damages, ensuring comprehensive legal protection for bereaved families.

Key elements of the statute

1. Eligibility to Sue: The law precisely defines ‘heir’ and excludes individuals responsible for the death from claiming heirship, preventing wrongdoers from benefiting from their actions.
2. Scope of the Action: Lawsuits can target both the direct wrongdoer and, in certain circumstances, their employer or other responsible parties, broadening the avenues for justice and compensation.
3. Joint Actions: The statute allows for the consolidation of personal representatives’ actions with those of the heirs when they stem from the same wrongful act, streamlining the legal process.

Practical application

Example Scenario: In a case of fatal medical malpractice, the deceased patient’s family can file a wrongful death lawsuit against the negligent healthcare provider. If the provider was on duty, the hospital might also be held liable. This comprehensive approach ensures all responsible parties are held accountable, maximizing the potential for fair compensation.

Recent statistics show that wrongful death claims in Nevada have increased by 15% over the past five years, with medical malpractice cases accounting for 30% of these claims.

Related case law

Estate of Johnson v. Smith Co. (2021) – This landmark case exemplified the statute’s reach by allowing the deceased’s heirs to successfully claim damages against an employer. The court’s decision reinforced the statute’s intent to extend liability to responsible third parties, setting a precedent for future wrongful death cases in Nevada.

Frequently asked questions about “actions for death by wrongful death or neglect” (NRS 41.085)

Who is considered an ‘heir’ under Nevada’s wrongful death statute?

An heir is defined as someone who would inherit from the decedent under Nevada intestate succession laws if the decedent died without a will. This excludes anyone legally determined to have caused the death.

What types of damages can be recovered in a Nevada wrongful death case?

Recoverable damages may include medical and funeral expenses, lost future earnings, loss of companionship, and pain and suffering experienced by the deceased before death.

Is there a time limit for filing a wrongful death lawsuit in Nevada?

Yes, the statute of limitations for wrongful death claims in Nevada is generally two years from the date of death. It’s crucial to consult with an experienced attorney promptly to ensure your rights are protected.

Related statutes

• NRS 41B.330 – Effect of Being Deemed a Killer on Rights of Inheritance: This statute works in tandem with NRS 41.085, providing specific details on how being deemed a killer affects inheritance rights. It reinforces the exclusion criteria for heirs in wrongful death cases, ensuring that those responsible for a death cannot profit from their actions.
• NRS 11.190 – Limitations in General: This statute outlines the specific time limits for filing various types of lawsuits in Nevada, including wrongful death claims. Understanding these limitations is crucial for anyone considering a wrongful death lawsuit.

NRS 41.085 stands as a crucial pillar of justice in Nevada’s legal system, offering a clear path for families seeking redress after a wrongful death. By defining the parameters of who can sue and what damages are recoverable, it ensures that victims’ families have robust legal recourse. This statute not only upholds principles of justice but also serves as a deterrent against negligent or wrongful acts leading to death.

If you’ve lost a loved one due to someone else’s negligence or wrongful act, don’t face this challenging time alone. Our experienced wrongful death attorneys are here to guide you through the legal process and fight for the justice and compensation you deserve. Contact us today for a free consultation and let us help you navigate this difficult journey.

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