NRS
41.085 Heirs and personal representatives may maintain action.
1. As used in this section, “heir” means a
person who, under the laws of this State, would be entitled to succeed to the
separate property of the decedent if the decedent had died intestate. The term
does not include a person who is deemed to be a killer of the decedent pursuant
to chapter 41B of NRS, and such a person
shall be deemed to have predeceased the decedent as set forth in NRS 41B.330.
2. When the death of any person, whether
or not a minor, is caused by the wrongful act or neglect of another, the heirs
of the decedent and the personal representatives of the decedent may each
maintain an action for damages against the person who caused the death, or if
the wrongdoer is dead, against the wrongdoer’s personal representatives,
whether the wrongdoer died before or after the death of the person injured by
the wrongdoer. If any other person is responsible for the wrongful act or
neglect, or if the wrongdoer is employed by another person who is responsible
for the wrongdoer’s conduct, the action may be maintained against that other
person, or if the other person is dead, against the other person’s personal
representatives.
3. An action brought by the heirs of a
decedent pursuant to subsection 2 and the cause of action of that decedent
brought or maintained by the decedent’s personal representatives which arose
out of the same wrongful act or neglect may be joined.
4. The heirs may prove their respective
damages in the action brought pursuant to subsection 2 and the court or jury
may award each person pecuniary damages for the person’s grief or sorrow, loss
of probable support, companionship, society, comfort and consortium, and
damages for pain, suffering or disfigurement of the decedent. The proceeds of
any judgment for damages awarded under this subsection are not liable for any
debt of the decedent.
5. The damages recoverable by the personal
representatives of a decedent on behalf of the decedent’s estate include:
(a) Any special damages, such as medical
expenses, which the decedent incurred or sustained before the decedent’s death,
and funeral expenses; and
(b) Any penalties, including, but not limited to,
exemplary or punitive damages, that the decedent would have recovered if the
decedent had lived,
Ê but do not
include damages for pain, suffering or disfigurement of the decedent. The
proceeds of any judgment for damages awarded under this subsection are liable
for the debts of the decedent unless exempted by law.
(Added to NRS by 1979,
458; A 1995,
2667; 1999,
1354)
LIABILITY OF PERSONS WHO USE DEADLY FORCE AGAINST INTRUDER
IN RESIDENCE, TRANSIENT LODGING OR MOTOR VEHICLE
Notes of Decisions
Alsenz v. Clark Cnty. Sch. Dist., 864 P.2d 285 (Nev. 1993).
· cites it 18× “First, Alsenz sought recovery under Nevada’s wrongful death act, NRS 41.085. Second, Alsenz asserted that the wrongful death claim was really the decedent’s personal injury action, preserved for the estate by Nevada’s survival of actions statute, NRS 41.”
Engelson v. Dignity Health, 139 Nev. Adv. Op. No. 58 (Nev. 2023).
· cites it 22× “Nevada’s wrongful death statute, NRS 41.085, provides that “[w]hen the death of any person .”
Reynolds Vs. Tufenkjian, 2020 NV 19 (Nev. 2020).
· cites it 2× “Having concluded that appellants' claims for 21n comparison, NRS 41.085(2) explicitly permits an heir to maintain a personal cause of action for wrongful death without bringing it in the name of the decedent or joining the decedent to the action.”
Perez v. Las Vegas Med. Ctr., 805 P.2d 589 (Nev. 1991).
· cites it 2× “There is no latitude in the statute for shifting the basis for damages from conduct causing death to conduct lessening the prospects for survival.”
Motor Coach Indus., Inc. Vs. Khiabani, 2021 NV 42 (Nev. 2021).
· cites it 4× “NRS 41.085(4) permits heirs to recover damages for "loss of probable suppore that would have been provided by the decedent.”
Frances v. Plaza Pac. Equities, Inc., 847 P.2d 722 (Nev. 1993).
· cites it 4× “The court ruled on the first day of trial that Linda (individually) could amend her complaint to allege a cause of action for wrongful death and for Michael’s pain and suffering pursuant to NRS 41.085 and 41.085(4). Linda (as guardian ad litem) was also allowed to assert a cause…”
Tatum v. Schering Corp., 523 So. 2d 1042 (Ala. 1988).
· cites it 2× “§ 30-809 (1985); Nev.Rev.Stat. § 41.085 (1986); N.J.Stat.Ann.”
Peterson v. Miranda, 991 F. Supp. 2d 1109 (D. Nev. 2014).
· cites it 4× “Pursuant to NRS § 41.085, an award for damages against a political subdivision of the state of Nevada, like CCSD, may not include an award of punitive damages.”
— Nev. Rev. Stat. § 41.085(1) — 4 cases
Peterson v. Miranda, 991 F. Supp. 2d 1109 (D. Nev. 2014).
“Pursuant to NRS § 41.085, an award for damages against a political subdivision of the state of Nevada, like CCSD, may not include an award of punitive damages.”
— Nev. Rev. Stat. § 41.085(2) — 16 cases
Engelson v. Dignity Health, 139 Nev. Adv. Op. No. 58 (Nev. 2023).
“Nevada’s wrongful death statute, NRS 41.085, provides that “[w]hen the death of any person .”
Reynolds Vs. Tufenkjian, 2020 NV 19 (Nev. 2020).
“Having concluded that appellants' claims for 21n comparison, NRS 41.085(2) explicitly permits an heir to maintain a personal cause of action for wrongful death without bringing it in the name of the decedent or joining the decedent to the action.”
— Nev. Rev. Stat. § 41.085(4) — 16 cases
Motor Coach Indus., Inc. Vs. Khiabani, 2021 NV 42 (Nev. 2021).
“NRS 41.085(4) permits heirs to recover damages for "loss of probable suppore that would have been provided by the decedent.”
Alsenz v. Clark Cnty. Sch. Dist., 864 P.2d 285 (Nev. 1993).
“First, Alsenz sought recovery under Nevada’s wrongful death act, NRS 41.085. Second, Alsenz asserted that the wrongful death claim was really the decedent’s personal injury action, preserved for the estate by Nevada’s survival of actions statute, NRS 41.”
— Nev. Rev. Stat. § 41.085(5) — 7 cases
Alsenz v. Clark Cnty. Sch. Dist., 864 P.2d 285 (Nev. 1993).
“First, Alsenz sought recovery under Nevada’s wrongful death act, NRS 41.085. Second, Alsenz asserted that the wrongful death claim was really the decedent’s personal injury action, preserved for the estate by Nevada’s survival of actions statute, NRS 41.”
Frances v. Plaza Pac. Equities, Inc., 847 P.2d 722 (Nev. 1993).
“The court ruled on the first day of trial that Linda (individually) could amend her complaint to allege a cause of action for wrongful death and for Michael’s pain and suffering pursuant to NRS 41.085 and 41.085(4). Linda (as guardian ad litem) was also allowed to assert a cause…”
Engelson v. Dignity Health, 139 Nev. Adv. Op. No. 58 (Nev. 2023).
“Nevada’s wrongful death statute, NRS 41.085, provides that “[w]hen the death of any person .”
— Nev. Rev. Stat. § 41.085(5)(a) — 2 cases
— Nev. Rev. Stat. § 41.085(5)(b) — 2 cases
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