A wrongful death action can occur in a number of ways, losing a loved one is tragic, especially when the loss is complicated by the fact that another’s negligence or recklessness played a contributing or sole factor in an untimely death. I understand these matters can become increasingly complex, emotional, and overwhelming. I offer my compassionate support and guidance to the families forced to endure the struggles of wrongful death and obtaining all the damages the law allows. The law honors one’s relationship with the loved one(s) making the claim and considers loss of love, companionship, support, society as well as financial expenses, and punitive damages if applicable.
For wrongful death claims in Nevada (NRS 41.085), heirs and personal representatives may bring an action, the surviving spouse or domestic partner, the decedent’s child or children, parents of the deceased person if they have no children, and/or special administrator on behalf of the decedent’s estate. Others are allowed to file a claim if they can show they were dependent on the decedent at the time of their death (such as stepchildren, stepparents, and others).
What if the decedent suffered before their death? Some decedents fight for their lives after a tragic incident by enduring a tremendous amount of pain, trauma, and misery before they pass. NRS 41.100, Nevada’s Survival Statute allows the claims to survive the decedent since they were incurred before death – these claims may be brought by the decedent’s personal representative.
My office and co-counsel David T. Duncan Esq. of the Duncan Law Firm, P.C. have great knowledge in this area prevailing at the appellate court level and at the Nevada Supreme Court. We prevailed in the case of the Estate of Blakely v. Eighth Judicial Dist. Court , No. 73267 (Nev. App. Jun. 20, 2018). After the lower court dismissed the Estate’s claims, we filed a Writ of Mandamus to the Court of Appeals of the State of Nevada – we won and the decision was upheld by the Nevada Supreme Court. The district court was reversed. The high court held that an Estate / Heirs do not have to decide whether to pursue a wrongful death claim or a survival claim, but instead a plaintiff may plead separate and distinct wrongful death and survival claims.