Adam S. Kutner, Injury Attorneys · Las Vegas Valley
Las Vegas Wrongful Death Lawyer
4.7 ★★★★★ 2,735 Google Reviews
Get Your Free Wrongful Death Consultation
No fees unless we win!
We answer day and night · No obligation
Recognized Across Nevada
Best of Las Vegas 2025 Gold Winner
Top 100 Trial Lawyers
Million Dollar
Advocates Forum
Martindale-Hubbell Client Champion
Avvo Clients’ Choice
BBB Accredited
VGK Official Partner
In This Guide
Why Hire a Lawyer for Your Medical Malpractice Claim?
You should hire a Las Vegas wrongful death lawyer, so the claim does not become one more job on top of grief. In the weeks after a death, a family is arranging a funeral, sorting out the estate, and taking calls from the other side’s insurance company.
The team at Adam S. Kutner, Injury Attorneys, has represented Las Vegas families for more than 35 years, and our Las Vegas wrongful death attorneys take the legal work off your plate from the first call. We handle every call from the insurance companies, home and hospital visits are available across the Las Vegas area, from North Las Vegas and Sunrise Manor to Henderson and the south valley, and we answer day and night.
Adam S. Kutner spent his early career as an insurance defense attorney, so he knows how the insurance companies work. The defenses we prepare for are disputes over who caused the death, who counts as a legal heir, and the decedent’s own share of fault, and an experienced wrongful death lawyer starts answering them from the first call.
Why Hire a Lawyer for Your Medical Malpractice Claim?
A wrongful death claim in Nevada can be filed by the heirs of the person who died and by the personal representative of their estate, under NRS 41.085. It is a civil lawsuit brought when a death was caused by another person’s wrongful act or neglect.
An heir is a person who would inherit the decedent’s separate property if they had died without a will: the surviving spouse and children; when there are no children, the surviving spouse and the decedent’s parents share; when there is no spouse or child, the parents; and siblings when there is none of those (NRS 134.040 to 134.060). A surviving domestic partner has the same rights as a surviving spouse, and a person found to have killed the decedent cannot recover.
The personal representative is the executor or administrator the court appoints to manage the estate, and NRS 41.085 allows the heirs’ claim and the estate’s claim to be joined in one lawsuit. Our guide to wrongful death eligibility walks through examples of who qualifies.
Wrongful Death Claim vs. Survival Action in Nevada
A wrongful death claim and a survival action are two different claims from the same death. The wrongful death claim, under NRS 41.085, belongs to the heirs and compensates them for their own losses. A survival action, under NRS 41.100, continues the claim the person who died could have brought if they had lived, and it belongs to the estate.
The difference decides where the money goes: damages recovered by the estate can be used to pay the decedent’s debts, unless an exemption applies; damages awarded to the heirs cannot. Our guide to wrongful death and survival torts covers the mechanics.
What Damages Can a Family Recover in a Nevada Wrongful Death Case?
A family can recover two groups of damages in a Nevada wrongful death case, and NRS 41.085 assigns each group to a different claimant. Each heir proves their own losses and can be awarded compensation for:
- Grief or sorrow
- Loss of probable support, meaning the financial support the person would have provided
- Loss of companionship, society, comfort, and consortium
- The pain and suffering or disfigurement the decedent went through
The personal representative recovers the estate’s losses:
- Medical expenses and other special damages the decedent incurred before death
- Funeral expenses
- Penalties, including punitive damages, the decedent could have recovered if they had lived
Punitive damages punish oppression, fraud, or malice. NRS 42.005 caps them at three times the compensatory damages, or $300,000 when compensatory damages are under $100,000. NRS 42.010 removes the cap when the death was caused by a driver who violated Nevada’s DUI laws after willfully consuming alcohol or another substance. Our guide to claiming damages in a wrongful death case covers each category.
How Much Is a Wrongful Death Case Worth in Nevada?
What a wrongful death case is worth in Nevada depends on the age and income of the person who died, the family members who depended on them, the medical and funeral costs, the evidence of fault, and the insurance available to pay. There is no honest average wrongful death settlement, and any page quoting one typical number is guessing.
Under NRS 41.141, the decedent’s own share of fault reduces what the family recovers, and bars recovery only if that share was greater than the fault of the parties being sued. Our guide to calculating a wrongful death settlement shows how each factor is valued.
How We Handle Your Wrongful Death Claim
We handle a wrongful death claim in five stages, starting with a free consultation, where we listen and tell you honestly whether the facts support a claim.
- Identify the claimants.
We work out which heirs can recover under NRS 41.085 and whether the estate needs a personal representative, so the survival claim can be brought too. - Investigate the death.
We obtain the police report, the Clark County Coroner’s findings, the medical records, witness statements, and any video. - Document every loss.
Funeral and medical bills, the income your loved one provided, and each heir’s own loss of companionship. - Deal with the insurers.
We handle every call and every request for a statement. - Negotiate, then litigate, if needed.
We negotiate with the insurer, we file suit in the Eighth Judicial District Court when the offer does not cover your family’s losses, and we do not recommend a settlement before those losses are fully known.
No Fees Unless We Win Your Wrongful Death Case
You pay nothing upfront for our representation. We work on a contingency fee, which means our fee is a percentage of what we recover for your family, and if there is no recovery, you owe us no attorney fee.
What To Do After Losing a Loved One in a Las Vegas Accident
After a fatal accident in Las Vegas, there are six things a family can do in the first few weeks that protect the claim, and we can handle most of them for you.
- Get certified copies of the death certificate.
Death certificates come from the Southern Nevada Health District Vital Records office at 280 S. Decatur Blvd., by online, mail, or drop-off request, with no same-day service. - Ask the Coroner’s Office about the report.
The Clark County Office of the Coroner/Medical Examiner investigates deaths caused by criminal means, violence, suicide, and any unattended death, and takes report and case questions at 702-455-3210. We can request the findings for you. - Keep every bill and record.
Funeral invoices, hospital bills, pay stubs, and benefit statements are the proof of your family’s economic loss. - Do not give a recorded statement.
The other side’s insurer may call a family member within days. You are not required to give a statement, and one wrong guess about how the accident happened can be used against the claim. Send the call to us. - Preserve the evidence.
Photos, the vehicle, phones, and any dashcam or surveillance video. A preservation demand from your lawyer puts the other side on notice to keep it; we can send one in the first days. - Talk to us before the two-year clock gets short.
NRS 11.190(4)(e) gives a family two years from the death, and opening an estate takes part of that time.
If a family member was hurt in the same crash, get medical care the same day. If your regular doctor cannot see you the same day, go to an urgent care.
Types of Wrongful Death Cases We Handle in Las Vegas
We handle wrongful death cases from every kind of accident in our injury practice:
- Car accidents and other motor vehicle crashes, including rideshare crashes and fatal crashes caused by drunk drivers
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Medical malpractice, including deaths in hospitals and surgical centers
- Nursing home abuse and neglect
- Children left in hot cars
- Taser injuries and deaths
Wrongful Death Cases in Las Vegas: Where They Happen and Where They Are Filed
Wrongful death cases in Las Vegas are filed in the Eighth Judicial District Court, the district court for Clark County, and the accidents behind them happen on roads every Las Vegas driver knows: I-15 and US-95 through the valley, Las Vegas Boulevard through the resort corridor, and Boulder Highway, which the City of Henderson calls one of Nevada’s most dangerous roadways and is rebuilding, with about 400 new streetlights switched on in 2026 after visibility problems contributed to fatal crashes.
Nevada recorded 389 traffic deaths in 2023, and 106 of them were pedestrians, according to NHTSA’s state data. In 2025, Las Vegas Metro placed 12 crash-heavy intersections under increased patrol after a rise in deaths; our post on the 12 dangerous Las Vegas intersections under police watch lists them.
When the person who died was visiting Las Vegas, the claim can still be brought here under Nevada law. When a public agency is involved, different notice rules and a damages cap apply; our hazardous roadways page explains claims against government bodies.
Does Someone Have to Be Charged With a Crime for a Wrongful Death Claim?
No one has to be charged with a crime for your family to bring a wrongful death claim. In this video, our attorney Michael Gobaud explains that a wrongful death claim is a civil suit brought by the family of someone who died because of another person’s or entity’s negligence or misconduct, and that the civil claim is separate and distinct from any criminal charges that may also follow the death.
The two cases run on different standards of proof: a prosecutor has to prove guilt beyond a reasonable doubt, while a civil claim is decided on the preponderance of the evidence, meaning it is more likely than not that the defendant’s wrongful act or neglect caused the death. A criminal case that ends without a conviction does not end the civil claim.
When there is a conviction, it helps your family directly. Under NRS 41.133, a judgment of conviction for the crime that caused the death is conclusive evidence of the facts needed to impose civil liability. Our guide to the legal classifications of death explains how a death gets categorized.
Nevada Wrongful Death Laws
Nevada wrongful death law sits in a handful of statutes, and each change something practical about your family’s claim:
|
Nevada Law |
What it says |
Why it matters |
|---|---|---|
|
Who may sue |
The heirs and the estate’s personal representative may each sue over a death caused by another’s wrongful act or neglect. |
It decides who has standing and how the damages split. |
|
Survival of the decedent’s claim |
A cause of action is not lost when a person dies; the executor or administrator can bring it. |
The estate’s claim can be filed alongside the wrongful death claim. |
|
Statute of limitations |
An action for a death caused by another’s wrongful act or neglect must be filed within two years. |
The clock runs from the death, and opening an estate uses part of it. |
|
Punitive damages |
Capped at three times compensatory damages, or $300,000 when compensatory damages are under $100,000; no cap for a driver who violated Nevada’s DUI laws after willfully consuming alcohol or another substance. |
A fatal DUI crash can carry punitive damages with no statutory cap. |
|
Comparative negligence |
The decedent’s own negligence does not bar recovery unless it was greater than the defendants’; the award is reduced by that percentage. |
Partial fault reduces a claim; it ends one only past the halfway line. |
Has a family member suffered a wrongful death?
Not sure whether your family has a claim, or who should file it? Call (702) 382-0000 and we will walk you through your options for free.
FAQ About Wrongful Death Cases in Las Vegas
Get a Free Consultation With a Las Vegas Wrongful Death Lawyer
If your family lost someone in an accident anywhere in the Las Vegas Valley, call or start your free consultation online with our Las Vegas wrongful death lawyers. We answer day and night, and we come to you.
Wrongful Death Resources and Related Claims
Wrongful death claims sit inside our personal injury practice as a Nevada wrongful death law firm; our catastrophic injury page covers cases where a loved one survives with life-changing injuries.
This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your specific situation, talk to a qualified Nevada attorney.
¿Prefiere hablar en español?
Nuestro equipo atiende a la comunidad en español, y la consulta es gratuita.