Las Vegas Personal Injury Lawyer
Under NRS 41.085, a family's heirs and the estate's personal representative each have their own claim. We sort out who can file, who gets paid, and how it's divided — whether the death came from a crash, medical error, assault, or unsafe property.
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In Nevada, two parties can bring a wrongful death claim: the heirs of the person who died and the personal representative of their estate. Under NRS 41.085, each has its own claim, its own damages, and its own rules about where the money goes, whatever caused the death.
That split matters. Money the heirs recover can't be taken to pay the deceased's debts. Money the estate recovers can be. Making sure the right people bring the right claim is the first job of a wrongful death lawyer in Las Vegas.
| Nevada Rule | Heirs | Personal Representative (Estate) |
|---|---|---|
| Who it is | Spouse or registered domestic partner and children come first. If there are no children, parents can be heirs, then siblings. | The executor named in the will, or an administrator appointed by the Clark County probate court |
| What they recover | Grief and sorrow, loss of financial support, and loss of companionship, comfort, and consortium | Medical bills before death, funeral and burial costs, the deceased's pain and suffering, and punitive damages they could have claimed |
| Where the money goes | To each heir, based on that person's own loss | Into the estate, then out under the will or Nevada inheritance law |
| The deceased's debts | Protected; can't be used to pay debts | Can be used to pay debts first |
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Any person, company, or agency whose negligence or wrongful act caused the death can be held liable under Nevada law. That's often more than one party, and each one usually has its own insurance policy. Here's who families in Las Vegas most often bring claims against.
A driver who was speeding, impaired, or distracted can be held liable, and so can the company behind a commercial truck or rideshare. Deadly crashes on I-15, US-95, Boulder Highway, and Flamingo Road at Maryland Parkway often involve more than one policy.
Lost someone in a crash? See how fatal car accident claims work in Nevada.
A misdiagnosis, surgical error, or medication mistake that ends a life can make a doctor, nurse, hospital, or nursing home liable. These claims carry extra Nevada requirements, including a medical expert's affidavit (NRS 41A.071).
Lost someone after medical care? Learn about medical malpractice wrongful death claims.
A pool drowning, a balcony fall, or an apartment fire can make the owner or manager liable, whether it happened at a resort on the Strip or an apartment complex in Spring Valley.
Death on someone else's property? See how premises wrongful death claims work.
The person who caused a deadly assault is liable. So may a bar, hotel, or apartment complex that ignored known dangers like broken gates, poor lighting, or no security in a parking garage.
Lost someone to violence? Learn about assault wrongful death claims.
A defective vehicle, airbag, or product can make the manufacturer liable. Clark County, NDOT, or RTC can be liable for a dangerous road or a public bus crash, but government claims follow special rules and damage limits (NRS 41.035).
Some deaths follow their own rules of proof. If one of these fits what happened to your family, start there.
When a loved one dies in a violent attack, the claim can reach the attacker and any bar, hotel, or apartment complex that ignored a known danger.
Las Vegas assault wrongful death lawyerA drowning, fall, fire, or other deadly hazard on someone else's property, from Strip resorts to neighborhood apartment complexes.
Las Vegas premises wrongful death lawyerInsurers fight wrongful death claims by attacking the family's right to file, shrinking the value of the loss, and running out the clock. Most of these tactics start within days of the death, while families are still planning a funeral.
What they do
They argue a relative isn't a legal heir, or refuse to negotiate until a personal representative is appointed. Then they let the delay work for them.
How we respond
We confirm the heirs under Nevada law and get the personal representative appointed through probate early, so the claim can move.
What they do
They call the spouse or one adult child with a quick offer and a release written to close out the whole family's claim.
How we respond
We make sure every heir's loss is counted before anything is signed, and that the estate's claim isn't signed away by mistake.
What they do
They argue the person who died was retired, earned little, or was distant from family, so their death was a small financial and emotional loss.
How we respond
We document lost income, household services, and the relationship each heir lost, using records, witnesses, and economic experts where needed.
What they do
They claim your loved one was partly at fault. Under NRS 41.141, the family's recovery is reduced by that share, and it's barred if the person who died was more than 50% at fault.
How we respond
We investigate the scene, the records, and the witnesses ourselves, so the person who died isn't blamed for what someone else caused.
What they do
They drag out negotiations, knowing most Nevada wrongful death claims must be filed within two years of the death (NRS 11.190(4)(e)), and some deadlines are shorter.
How we respond
We track every deadline from day one and file suit when talks stall, not after the window closes.
“I spent years on the insurance side, so I know how they close a death claim: find the one family member who will sign first, then shut the file. We don’t let that happen here.
Grief doesn’t keep a calendar, but the law does. We sort out who can file, protect every heir’s share, and carry the legal weight so your family has room to grieve.
You take care of each other. The rest is our job.”
Every Nevada wrongful death claim has to prove the same four things, whatever caused the death: a duty, a breach, a direct link to the death, and the family's loss. Insurers attack the weakest one, so we build all four from the first week on.
| What we prove | Evidence we gather | Why it matters |
|---|---|---|
| DutyThey owed your loved one care | Traffic laws and licensing, property ownership and lease records, doctor-patient records, security contracts, and company policies. | Without a legal duty, there's no claim, so we pin down who owed it. |
| BreachThey failed that duty | Police and incident reports, surveillance and doorbell video, inspection and maintenance logs, medical charts, and witness statements. | Shows exactly what they did wrong, before video is overwritten or memories fade. |
| CausationThe failure caused the death | The Clark County Coroner's report, the death certificate, and expert reconstruction or medical review. | Insurers often argue something else caused the death. This closes that door. |
| DamagesThe family's loss | Pay stubs and tax returns, medical and funeral bills, and testimony from family and friends about the relationship, plus an economist where needed. | Sets what the heirs and the estate can each recover under NRS 41.085. |
After a wrongful death, get the official records, find out who will represent the estate, and don't sign anything an insurer sends. These six steps protect every heir's claim and the estate's claim.
Order several certified copies of the death certificate. Request the police or incident report and the Clark County Coroner's report when it's ready.
The will usually names who can act for the estate. If there's no will, the probate court appoints someone. Either way, the estate's claim needs a personal representative.
If an insurer calls with an offer or a release, don't sign it or answer recorded questions. A fast release can close out claims other family members still have.
Keep your loved one's phone, vehicle, and belongings as they are. Save texts, photos, and witness names, and write down what you know while it's still fresh.
Save funeral and burial bills, final medical bills, and your loved one's pay stubs and tax returns. These records prove the estate's costs and the family's lost support.
Spouses, children, parents, and the estate can all have claims. Working together keeps one settlement from leaving another family member out.
Most Nevada wrongful death claims must be filed within two years of the death under NRS 11.190(4)(e). Deaths caused by medical malpractice and claims against a government agency follow different rules, and some deadlines are shorter. Our Las Vegas personal injury lawyers can confirm which deadline applies and start preserving evidence the day you call.
The heirs of the person who died and the personal representative of their estate. Under NRS 41.085, each can bring its own claim for its own damages, whatever caused the death.
Sometimes. Heirs follow Nevada's inheritance rules. Parents can be heirs when the person who died left no children, and siblings can be heirs only when there are no children or parents. A registered domestic partner has the same rights as a spouse.
The heirs receive damages for their own grief, lost support, and lost companionship, and that money can't be used to pay the deceased's debts. The estate receives medical bills, funeral costs, and the deceased's pain and suffering, which can be used to pay debts first.
Each heir is compensated for their own loss, so shares are not automatically equal. A spouse who lost daily support may receive a different amount than an adult child. If an heir is under 18, a court must approve their share under NRS 41.200.
The person who acts for the estate: the executor named in the will, or an administrator appointed by the probate court if there's no will. The personal representative brings the estate's claim for medical bills, funeral costs, and the deceased's pain and suffering.
Two years from the death in most cases, under NRS 11.190(4)(e). Deaths caused by medical malpractice and claims against a government agency follow different rules, and some of those deadlines are shorter.
Heirs can recover for grief and sorrow, lost financial support, and lost companionship, comfort, and consortium. The estate can recover medical bills before death, funeral and burial costs, the deceased's pain and suffering, and punitive damages when the conduct qualifies.
A personal injury claim belongs to the person who was hurt. A wrongful death claim belongs to the heirs and the estate, and it pays for the family's loss, not just the injury, including grief, lost support, and funeral costs.
Look for a lawyer who handles Nevada wrongful death claims, can explain who in your family can file and how money is divided, starts investigating right away, and works on contingency. Ask who will actually handle your case.
Nothing up front. Howard Injury Law works on a contingency fee, so your family pays no attorney fee unless we recover compensation, and the case review is free.
Tell us what happened. We'll explain who in your family can bring the claim, what it covers, and which deadline applies. The case review is free.
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I had a great experience with Howard Injury Law. Anytime I had questions, they were always there with an answer ready to help. They were super attentive towards me. I'm very grateful I went to them after my car accident.
Car AccidentHighly recommend. I worked with James and Vanessa. They both are very nice and patient if or when you have a million and one questions. They make sure you are updated and not wondering where you stand.
Personal InjuryI can't say enough great things about Howard Injury Law. From start to finish, Glenn Howard and his amazing team James and Natalie were there every step of the way. They made a stressful situation feel manageable ... read more
Injury CaseI would like to thank Glen Howard and James for taking such great care of me during my case. They're knowledgeable, professional, and genuinely caring. My family and I are truly grateful for the outcome they achieved.
Injury CaseThis team was amazing. They took care of everything I needed with my personal injury and made it so easy for me. I never felt alone during the process. I would highly recommend Howard Injury Law to anyone.
Personal InjuryI had a really bad accident in March 2023 and was referred to this amazing team. This being a new experience, Howard Injury Law walked me through every single step. They truly fought for me and got me more than I expected.
Car AccidentFounding attorney Glen Howard has spent his career standing beside Las Vegas residents, visitors, and families after a serious accident or the sudden loss of a loved one turned their lives upside down — and that's shaped the compassion he brings to every case. He and his team understand that losing someone to another person's negligence isn't a case file; it's a life-changing loss for your whole family, and it's treated that way here. He has recovered more than $80 million for injury victims and their families, and you'll work directly with Glen and a dedicated case manager who handle your family with care and respect — not a rotating cast of paralegals.
Read Glen's full storyYou never expected to be here. No one is supposed to know how to fight an insurance company, preserve evidence, or figure out who in the family can file and how a wrongful death claim is divided while grieving someone you love.
That's what we do.
Howard Injury Law is available 24/7. The consultation is free and confidential. Your family pays nothing unless we recover. And because Nevada sets a deadline to act, reaching out sooner keeps more of your options open. However you found us — searching for a wrongful death lawyer in Las Vegas, or referred by someone who trusted us with their case — we're ready when you are, and there's no pressure to decide anything today.
If you're unsure what to do after an accident — or want to help protect the people you love — HIL Helps is our free 24/7 community resource, open to everyone, not just clients.
Howard Injury Law
6330 Spring Mountain Rd Ste D, Las Vegas, NV 89146