Las Vegas Wrongful Death Lawyer

Compassionate, experienced representation for Nevada families. Free consultation. Se habla español.

Losing a family member to someone else’s negligence is unlike any other legal matter. The decisions you face come at the worst possible time, and the legal system has deadlines that do not wait for grief. Most families are not ready to think about a lawsuit in the first days after the loss. That is exactly when the most important evidence can be lost.

Ralph A. Schwartz, PC represents Nevada families after wrongful deaths caused by car and motorcycle crashes, commercial truck collisions, drunk drivers, premises liability, casino and hotel incidents, and other preventable losses. Ralph has practiced in Nevada since 1994 and handles every case personally. The first conversation is free, confidential, and carries no obligation.

Who Can File a Wrongful Death Claim in Nevada

Nevada’s wrongful death statute, NRS 41.085, identifies two parallel claims that arise from a wrongful death.

The wrongful death claim is brought by the heirs of the deceased for their own losses. Heirs typically include the surviving spouse, the surviving children, and the parents of an unmarried child. Stepchildren and adopted children may also qualify in certain circumstances. The heirs’ claim addresses what they have lost personally: financial support, companionship, comfort, services, and grief.

The survival action is brought by the personal representative of the deceased’s estate. The survival action recovers damages that the deceased could have recovered if they had survived: medical bills incurred between injury and death, pain and suffering experienced between the injury and the death, and lost wages during that period. Punitive damages may also be available where the conduct was willful or reckless.

Both claims can proceed in the same lawsuit. The two recoveries are distinct and serve different purposes. Determining which heirs have standing and who serves as personal representative is one of the first steps in setting up the case.

Common Causes of Las Vegas Wrongful Death Claims

Fatal car accidents on I-15, US-95, the 215 Beltway, and Las Vegas surface streets (see Car Accident practice)
Fatal motorcycle accidents (see Motorcycle Accident practice)
Fatal truck and semi crashes, often involving federal trucking regulations (see Truck Accident practice)
Drunk driver fatalities(see Drunk Driver Crash practice)
Pedestrian and bicycle fatalities (see Pedestrian and Bicycle practice)
Casino, hotel, and premises liability deaths, including falls, negligent security incidents, and pool accidents (see Premises Liability practice)
Workplace fatalities, often involving construction, warehouse, and industrial incidents (see Workplace Injury practice)
Medical negligence, when a healthcare provider’s error contributed to the death
Acts of violence, often involving third-party negligent security claims against the property where the act occurred

Damages Available in a Nevada Wrongful Death Case

Nevada law treats heirs’ damages and estate damages separately under NRS 41.085. Heirs’ damages (NRS 41.085(4)):

Loss of probable financial support that the deceased would have provided
Loss of services, companionship, comfort, society, and consortium
Grief or sorrow

These damages are distributed among the heirs. Estate damages / survival action (NRS 41.085(5)):

Special damages, including reasonable medical and burial expenses
Pain and suffering between the moment of injury and the moment of death
Lost wages between injury and death
Punitive damages, where the conduct was willful, fraudulent, malicious, or reckless

The estate’s damages are paid into the estate and distributed under Nevada probate law. Nevada does not cap most categories of wrongful death damages. Medical malpractice cases are a limited exception under NRS 41A.035, which caps noneconomic damages.

How Long You Have to File a Nevada Wrongful Death Claim

The general statute of limitations for a Nevada wrongful death claim is two years from the date of death (NRS 11.190(4)(e)). The survival action carries the same two-year window. Some cases involve shorter notice requirements, including:

Claims against state or local government entities, which require a notice of claim under NRS Chapter 41 within a strict window
Medical malpractice claims, which require pre-suit affidavits and have specific procedural rules under NRS 41A
Some out-of-state defendants, where service of process and jurisdictional issues can affect timing

Two years can seem like a long time when you are in the early stages of grief. In practice, the case requires medical records, the autopsy and Clark County Coroner’s findings, the Nevada Crash Report, witness statements, and other evidence that is easier to obtain early. Insurance adjusters also begin contacting families within days of the death. Early action protects the family’s legal position regardless of when the lawsuit is ultimately filed.

Evidence That Matters in a Wrongful Death Case

The strongest wrongful death cases are built on documented evidence preserved early.

Medical records for the treatment between injury and death
The autopsy report and Clark County Coroner’s findings
The Nevada Crash Report for vehicle-related deaths
Witness statements from people who saw the incident
Surveillance video, dash-cam, body-cam, and security footage
Phone, computer, and electronic logging device data from any defendant
Premises records, including incident reports, prior complaints, and maintenance logs in slip-and-fall or negligent-security cases
Financial records, including tax returns, pay stubs, and benefit statements for loss-of-support damages
Personal records and family testimony for grief, companionship, and consortium damages

In many cases, much of this evidence is controlled by the defendant or its insurer. A preservation letter can secure key records before they are lost through routine retention purges.

How Ralph A. Schwartz, PC Handles Wrongful Death Cases

Personal handling. Ralph reviews the file, meets with the family, and handles the case himself from the first call through final resolution. There is no associate transfer. Families work directly with the attorney making decisions about the case.

Investigation. The firm moves quickly to preserve evidence. That includes sending spoliation letters to any potential defendant, retaining accident-reconstruction specialists, medical experts, and forensic economists where appropriate, and coordinating with the Clark County Coroner’s Office for records and findings.

Compassionate representation. Communication adjusts to the family’s schedule. The firm offers free, confidential consultations and provides Spanish-language support. The goal is to take legal pressure off the family while building the strongest possible case.

See Ralph’s bar admissions and case history →

What to Do After a Wrongful Death in Las Vegas

Take care of your family first. Funeral arrangements, medical bills, immediate financial pressure. The legal case can wait while you handle what has to be handled.
Preserve any records you already have. Texts, photos, emails, voicemails, and any communications related to the incident.
Do not give a recorded statement to any insurance company. Adjusters may call within days. Politely decline to record. You can give a statement later through counsel.
Do not sign any release, settlement, or limited-release document offered in the first weeks. Even a small payment with a “limited” release can extinguish significant claims.
Call a Las Vegas wrongful death lawyer for a free, confidential consultation. The conversation is confidential and there is no obligation.

Frequently Asked Questions

Do I have to file a lawsuit, or can a wrongful death case settle?

Most wrongful death cases settle. Trial is the option of last resort, used when the defendant’s insurer will not pay fair value. The case is prepared from day one as though it will go to trial, which positions it for the strongest possible settlement.

Who pays for the lawyer?

Injury matters at this firm are handled on a contingency-fee basis: no attorney fee unless we recover compensation on your behalf. The exact contingency percentage and any cost arrangements are discussed at the free consultation and disclosed in the written engagement.

What if my loved one was partly at fault?

Nevada uses modified comparative negligence under NRS 41.141. A case can still be brought if the deceased’s share of fault was 50% or less. Damages are reduced by the deceased’s percentage of fault.

Can I bring a claim if my loved one died in Nevada but lived in another state?

Yes. Nevada law typically applies because the death occurred here. The case is filed in Nevada court regardless of the family’s home state.

What if the death was a suicide that the defendant's conduct contributed to?

Cases involving suicide are fact-specific and depend on the connection between the defendant’s conduct and the death. Some cases (involving inadequate mental health care, foreseeable risks, and similar fact patterns) can be pursued. A confidential consultation is the best way to evaluate this.