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Nevada Injury and Workers' Comp Law Firm, Henderson Nevada
(702) 360-5000
Nevada Wrongful Death Claims

Losing Someone You Love To Someone Else's Negligence

There's no fixing what happened, and we won't pretend otherwise. What we can do is carry the legal side, gently and carefully, so your family has room to grieve while someone makes sure the people responsible are held to account.

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  • No fee unless we recover for your family
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  • A local firm on St. Rose Parkway in Henderson

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You Don't Have To Carry The Legal Part Alone

If you're reading this, your family is living through something no one should have to. We're sorry. A wrongful death case will never bring your person back, and we'd never suggest that a claim is about closure or moving on. What it's really about is two practical things: making sure the family is not left to absorb costs that someone else caused, and making sure the people who were careless answer for it so another family is spared the same call.

A wrongful death claim in Nevada is simply the civil case the law gives a family when negligence or a wrongful act takes a life. The cause can be anything. A crash on US-95 or the 215 Beltway, a fall on unsafe property, a workplace tragedy at a Clark County job site, a preventable medical error, or a violent act that a property owner should have guarded against. Whatever happened, the legal questions follow a similar shape, and that's the shape we handle.

You're not deciding anything today. Read what helps, set the rest aside, and reach out only when you're ready. When you do, you'll talk with Erik Severino himself, a licensed Nevada attorney since 2006, not a call center.

"Great attorney office, professional."
Deran J. Read this review on Google

The Proof Of What Happened Starts Disappearing Fast

We say this gently, because the last thing a grieving family should worry about is evidence. That's exactly why we'd rather carry it for you. The record that shows how your loved one died, and who let it happen, is strongest right after the loss and gets weaker every week.

The Official Reports

The crash report, the coroner's findings, the OSHA file, or the police record. These pin down the timeline and name who was responsible while memories are still fresh.

Physical Proof

Photos of the scene, the vehicle, the property, or the equipment. We send preservation letters fast so a company cannot quietly repair or discard what matters.

Records And Witnesses

Medical records, employment and earnings history, and statements from people who saw what happened or knew your loved one's role in the family.

This is where a lawyer earns the work early. We can request the official file from the agency that investigated, whether that's Metro, the Nevada Highway Patrol, the Clark County Coroner, or the Nevada Division of Industrial Relations for a workplace death. We send legal holds to companies and property owners so they can't repair a defect, wipe a security recording, or scrap a vehicle before it's examined. On a road like Boulder Highway or near the Spaghetti Bowl where US-95 meets I-15, intersection and business cameras may hold the answer, but most of them record over their footage within days. When a loved one was rushed to a trauma center like UMC, Sunrise, or St. Rose Dominican before passing, the hospital's records and the timeline of care often matter too, and those have to be requested the right way. The sooner someone asks for what counts in writing, the more likely it survives.

Two Sides Of The Same Case Under Nevada Law

Nevada's wrongful death statute, NRS 41.085, is built around two groups, and understanding the split helps the whole case make sense. The first group is the heirs. That generally means the surviving spouse and the children, and in some situations a parent of the person who died. The heirs bring their own claim for the very human losses: the grief, the missing companionship, and the support the person would have provided. Whether a particular relative counts as an heir depends on the family, so it's one of the first questions we sort out.

The second is the estate, which acts through a personal representative. The estate's claim covers the losses that belonged to your loved one and to the estate itself, such as the final medical bills and the funeral and burial costs. Often one family member ends up wearing both hats, and the two claims are pursued together as a single case. Sorting out who is an heir, who should serve as the representative, and how the pieces fit is one of the first things we handle so the family does not have to puzzle through it during the worst weeks of their lives.

If children are involved, there are extra protections built into Nevada practice. A court typically reviews how a minor's portion is held so it's safeguarded until they're grown. We coordinate that quietly, and we keep it simple. You can read more about how we work with families on our personal injury overview, and if your loss happened on the job, our work injury page covers how a job site death intersects with this claim.

Who The Law Recognizes

Two Claims, Brought Side By Side

Nevada's wrongful death statute splits into two claims that are usually pursued together as a single case. Here is who brings each one, and what each is meant to cover.

The family's claim

The heirs

The heirs bring their own claim for the human losses: grief and sorrow, lost companionship, and the support your loved one would have provided. This recovery is shielded from the person's debts.

Who counts as an heir, in order
  1. Surviving spouse
  2. Children, or their children
  3. Parents
  4. Siblings

Set by who would inherit under Nevada law, so one family may include several heirs.

NRS 41.085(4) · NRS 134

The estate's claim

The personal representative

One person, appointed to act for the estate, brings the claim for losses that belonged to your loved one and to the estate itself.

  • Final medical bills from before the death
  • Funeral and burial costs
  • Any penalties or punitive damages your loved one could have recovered

The decedent's own pain and suffering is handled on the heirs' side under Nevada's statute, not here.

NRS 41.085(5)

Often one person is both an heir and the personal representative, and the two claims move forward together. Nevada generally gives a family two years from the date of death to file (NRS 11.190(4)(e)). We sort out who serves in which role early, so the family does not have to.

Two Tracks: The Family's Loss And The Estate's Loss

Nevada keeps the heirs' losses and the estate's losses separate on purpose. It's a respectful way of recognizing that a death takes something from the people left behind and also leaves behind real bills. Here's how those pieces break down.

For The Heirs

Grief, sorrow, and the loss of your loved one's companionship, comfort, and guidance. This is recovered by the surviving family members the law recognizes as heirs.

Lost Support

The income and household help your loved one would have provided over a lifetime, including the wages they would likely have earned had they lived.

For The Estate

Medical bills from the final injury, funeral and burial costs, and certain damages the law lets the estate pursue on behalf of the person who died.

Held Accountable

Where the conduct was especially reckless, Nevada law may allow added damages meant to punish the wrongdoer and discourage the same harm to another family.

We don't reduce a person to a spreadsheet, and we won't toss out a figure to win your call. What we do is build the support track carefully, often with an economist who can show what a lifetime of earnings and household contribution would have meant for the family. The grief and companionship side is harder to count and just as real, and presenting it honestly is a large part of the work. If you want a fuller picture of how compensation comes together across injury cases, our catastrophic injury page walks through the same ideas in detail.

The Harm That Most Often Takes A Life

Many wrongful death cases trace back to a catastrophic injury that the body could not survive: a severe head injury, a damaged spinal cord, internal bleeding, deep burns, or complications from major trauma. Sometimes death comes hours or days later, after a fight in the hospital. When a loved one was seriously hurt before passing, our pages on brain injuries, spinal cord injuries, and burn injuries explain the medical and legal ground those cases share with a wrongful death claim.

Attorney Erik Severino, Nevada Injury and Workers' Comp Law Firm
Erik Severino, Nevada Bar #10221

A Steady Person On The Other End Of The Phone

In a wrongful death case you should not be handed off to a rotating cast of strangers. Erik handles these matters himself, from the first quiet call through the resolution. He's been a licensed Nevada attorney since 2006, and he treats a grieving family the way he'd want his own treated.

  • No Fee Unless We Win

    Nothing up front and nothing out of pocket. Our fee comes from the recovery, and we go over case costs with you first.

  • Available When You're Ready

    Call days, nights, weekends, and holidays. There's no rush and no pressure. Hablamos Español.

  • Local To Henderson And Las Vegas

    We know the Clark County agencies, the courts, and the roads. You can sit across a desk from your attorney.

"I would highly recommend Mr. Severino. He was always there to answer any questions or concerns I had, he responded very quickly to emails and made sure I was alway taken care of.I am very grateful to have found this awsome law office of Erik Servino. Once again Thank you."
Mrs. S. Read this review on Google

How The Process Unfolds, At Your Pace

You won't have to manage the steps. This is how we move a case forward while you tend to your family.

1

A Quiet First Call

We listen, answer your questions, and tell you honestly whether there's a claim. No pressure either way.

2

We Secure the Proof

Official files, preservation letters, records, and witness accounts, gathered before anything fades.

3

We Build the Claim

We sort out the heirs and the estate, value the losses, and prepare the case the right way.

4

We Press for Accountability

We negotiate firmly and file suit if needed, keeping you informed without overwhelming you.

It helps to know how the other side usually plays it, so it doesn't catch you off guard. An insurer or company adjuster may reach out early, sounding warm and sympathetic, and float a quick payment. That number is almost always built to close the file before anyone understands the full loss, and accepting it can sign away rights the family didn't know it had. They may also try to shift blame onto the person who died, since that person isn't here to answer. None of that has to be handled by you. Let us field those calls. If your loss came from a collision, our fatal crash page and our truck accident page describe how these tactics play out on the road, and how we counter them.

Nevada Deadline: Generally Two Years

Under NRS 11.190, a wrongful death lawsuit usually must be filed within two years, typically from the date of death. If a government agency or public entity is involved, a special claim procedure can apply. There's no need to rush a decision, but a short, early call protects the family's options.

If Your Loss Began With A Specific Injury Or Cause

A wrongful death often grows out of a severe injury or a particular kind of incident. These pages cover the ground that overlaps with your family's case.

Wrongful Death Questions, Answered Plainly

Nevada's wrongful death statute, NRS 41.085, lets two groups pursue a claim: the decedent's heirs and the personal representative of the estate. The heirs generally include the surviving spouse and the children, and in some situations a parent, and they recover for their own grief and lost support. The personal representative recovers the losses that belong to the estate itself. Exactly who is an heir and how the pieces fit is fact-specific, so it's worth a conversation. If you're not sure where you stand, talk it through with Erik and he'll walk you through it.
Nevada splits the recovery into two tracks. The heirs can seek the value of the grief, the loss of companionship, comfort, and guidance, and the financial support the person would have provided. The estate can seek the final medical bills, funeral and burial costs, and certain other losses. In cases of especially reckless conduct, the law may allow added damages aimed at the wrongdoer. We do not put a number on a life. We build the claim around what your family actually lost.
For most wrongful death cases the deadline is two years, generally measured from the date of death under NRS 11.190. The date of death can fall later than the date of the injury itself, so the two should not be assumed to be the same. That deadline feels far off when you're grieving, but evidence doesn't wait. Footage gets recorded over, vehicles get repaired, and witnesses move away. If a government agency or public road was involved, you have to present a formal written claim to the right body first. The safest step is a quick call to (702) 360-5000 so a deadline never decides your family's case.
Nothing up front, and nothing out of pocket along the way. We work on contingency, which means our fee is a percentage of what we recover for your family, and if we do not recover anything, you owe no fee. We go over case costs and expenses with you in plain language before any work begins. The first conversation is free and completely confidential.
Not at all. This page covers a death from any cause, whether it was a crash, a fall, a workplace incident, a medical mistake, or a criminal act. If a loved one died in a collision, our fatal car accident page goes deeper on roadway cases. For a death at work, the rules overlap with Nevada workers' compensation, and there's often a separate claim against a third party who is not the employer.
They're separate, and they can run at the same time. A criminal case is brought by the state to punish a person, and the family does not control it. A wrongful death claim is a civil case your family brings to recover for your losses, and it has a lower burden of proof. A driver can be acquitted of a crime and still be held financially responsible in civil court. We coordinate with what the Clark County District Attorney is doing without letting it stall your own claim.
Partial fault does not automatically end a claim in Nevada. Under the state's modified comparative negligence rule, NRS 41.141, a recovery is still possible as long as your loved one was not found more than 50% at fault, and the award is reduced by their share of the blame. Say a claim is worth $100,000 and the jury assigns your loved one 20% of the fault. The recovery becomes $80,000, not zero. Insurers push extra fault onto the person who died because that person can't tell their side. Part of our job is to answer that with the record. Learn more on our main injury page.
That changes the steps, not your right to pursue it. If an RTC transit bus, a Metro or Henderson police vehicle, an NDOT work zone, or a poorly maintained public road on something like the 215 Beltway played a part, you're dealing with a government defendant. Before you can sue, Nevada law requires a formal written claim presented to the right body first: a claim against the State goes to the Attorney General, and a claim against Clark County, the City of Las Vegas, or the City of Henderson goes to that entity's governing board. There's also a hard ceiling. Damages against a Nevada public entity are capped at $200,000 per claimant, and punitive damages aren't available against the government at all. These cases reward moving early, so a quick call protects your options.
Often, no. Many wrongful death cases resolve through a settlement once the other side sees a claim built and ready for trial. When a case does need to be filed, most Clark County matters go to the Eighth Judicial District Court at the Regional Justice Center in downtown Las Vegas. We prepare every case as if it will be tried, because that readiness is what tends to move a fair number, and we keep you informed at each step so nothing feels like a surprise.
Not at all. There's no pressure and no obligation to hire anyone when you call. The first step is simply a quiet conversation about what happened and whether your family has a claim worth pursuing. If now is not the right time, that's okay too. When you're ready, we're here, days, nights, and weekends. Hablamos Español.
It depends on which track it comes from. Amounts recovered for the heirs go to those surviving family members for their own losses, while amounts recovered for the estate become part of the estate and are handled through probate. When children are involved, a court may need to approve how a minor's share is held and protected. We handle the coordination with the people you trust so the process is clear and the funds reach the right hands.

Where To Go From Here

When you're ready, reach out. We'll listen, tell you honestly whether your family has a claim, and explain what it would take to pursue it. There's no cost to talk, and no obligation that comes from a phone call.

No fee unless we recover for your family
Free, confidential, and at your pace
You work directly with Erik

Prefer to speak with someone now?

(702) 360-5000

Reach Out When You're Ready

Share only what you're comfortable with. We'll respond with care.

100% Confidential • No Obligation • No Fee Unless We Win

Your information is kept confidential. See our Privacy Policy. Contacting us does not create an attorney-client relationship.

Thank You For Reaching Out

We will be in touch gently and soon. For immediate help call (702) 360-5000.

Attorney Erik Severino, Nevada Injury and Workers' Comp Law Firm
Reviewed by

Erik Severino, Attorney at Law

Licensed in Nevada since 2006 (State Bar of Nevada #10221). More than 20 years representing Nevadans against banks, insurers, and large corporations. Every client works directly with Erik, not a rotating cast of case managers.

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