Nev. Rev. Stat. » NRS: CHAPTER 41 - ACTIONS AND PROCEEDINGS IN PARTICULAR CASES CONCERNING PERSONS

Nev. Rev. Stat. § 41.100

Cause of action not lost by reason of death; damages; recovery for loss arising out of unfair practice regarding policy of life insurance; subrogation

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NRS 41.100  Cause of action not lost by reason of death; damages; recovery for loss arising out of unfair practice regarding policy of life insurance; subrogation.

      1.  Except as otherwise provided in this section, no cause of action is lost by reason of the death of any person, but may be maintained by or against the person’s executor or administrator.

      2.  In an action against an executor or administrator, any damages may be awarded which would have been recovered against the decedent if the decedent had lived, except damages awardable under NRS 42.005 or 42.010 or other damages imposed primarily for the sake of example or to punish the defendant.

      3.  Except as otherwise provided in this subsection, when a person who has a cause of action dies before judgment, the damages recoverable by the decedent’s executor or administrator include all losses or damages which the decedent incurred or sustained before the decedent’s death, including any penalties or punitive and exemplary damages which the decedent would have recovered if the decedent had lived, and damages for pain, suffering or disfigurement and loss of probable support, companionship, society, comfort and consortium. This subsection does not apply to the cause of action of a decedent brought by the decedent’s personal representatives for the decedent’s wrongful death.

      4.  The executor or administrator of the estate of a person insured under a policy of life insurance may recover on behalf of the estate any loss, including, without limitation, consequential damages and attorney’s fees, arising out of the commission of an act that constitutes an unfair practice pursuant to subsection 1 of NRS 686A.310.

      5.  This section does not prevent subrogation suits under the terms and conditions of an uninsured motorists’ provision of an insurance policy.

      [1:21:1937; 1931 NCL § 240.01]—(NRS A 1960, 322; 1967, 408; 1969, 285; 1979, 458; 1987, 1768; 1989, 485; 1997, 227; 2017, 2688)

ACTIONS FOR PERSONAL INJURIES BY WRONGFUL ACT, NEGLECT OR DEFAULT

     

Notes of Decisions
Cited in 44 cases (19 in the last 5 years), 1963–2025 · leading case: Jones v. Las Vegas Metropolitan Police Department
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Jones v. Las Vegas Metropolitan Police Department (2017) ca9 · cites it 4× “Nev. Rev. Stat. § 41.100 (3) (1997); see also Moreland, 159 F.”
Maxwell v. Allstate Insurance Companies (1986) nev · cites it 11× “Our decision in that case rested upon the statutory interpretation of *504 NRS 41.100 which was subsequently amended.”
Gonor v. Dale (2018) nev · cites it 8× “Although both motions were filed within the 90-day period, the motions failed to identify the proper party for substitution under NRS 41.100. Accordingly, we affirm the district court's order dismissing the underlying complaint.”
Alsenz v. Clark County School District (1993) nev · cites it 7× “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 41.100. During the course of pretrial activity, Clark County filed a motion in limine to limit the…”
Hofer v. Lavender (1984) tex · cites it 2× “§ 91-7-235 (1972); Nevada, Nev. Rev. Stat. § 41.100 (1979); New York, N.”
In the Matter of the Estate of Johnny VAJGRT, Deceased, Bill Ernst, Inc., Intervenor-Appellant (2011) iowa · cites it 2× “1977) (subsequently codified at Nev. Rev. Stat. Ann. § 41.100 (2) (West, Westlaw through 2010 Special Sess.”
Helen Romero v. Nevada Dept. of Corrections (2016) ca9 “Thus, the children may not assert § 1983 claims on Beltran’s behalf.”
Allen v. Anderson (1977) nev · cites it 3× “On its face, Nevada’s broadly phrased survival statute might be read to mandate survival of punitive damage claims, not only following death of the aggrieved party but subsequent to the tortfeasor’s death as well.”
Davenport v. State Farm Mutual Automobile Insurance (1965) nev · cites it 4× “The right to sue in tort for personal injuries does survive in Nevada, NRS 41.100 (1), [2] and therefore is assignable.”
GJD BY GJD v. Johnson (1998) pa · cites it 2× “§ 91-7-235 (1973); Nevada, Nev.Rev.Stat. § 41.100 (1979); New York, N.”
Achrem v. Expressway Plaza Ltd. Partnership (1996) nev · cites it 2× “In 1967, the Nevada Legislature specifically prohibited the assignment of a cause of action by passing NRS 41.100(3). 1967 Nev. Stat., ch. 190, § 3 at 408.”
Kraft Power Corp. v. Merrill (2013) mass “14, § 1454 (2010); Va. Code Ann. § 8.01-25 (2007); Wis. Stat.”
Show all 44 citing cases →
— Nev. Rev. Stat. § 41.100(1) — 14 cases
Gonor v. Dale (2018) nev “Although both motions were filed within the 90-day period, the motions failed to identify the proper party for substitution under NRS 41.100. Accordingly, we affirm the district court's order dismissing the underlying complaint.”
Davenport v. State Farm Mutual Automobile Insurance (1965) nev “The right to sue in tort for personal injuries does survive in Nevada, NRS 41.100 (1), [2] and therefore is assignable.”
MID-OHIO SECURITIES CORP. v. Estate of Burns (2011) nvd
GONOR VS. DALE (2018) nev
Borrego v. Stauffer Chemical Co. (1970) nvd
— Nev. Rev. Stat. § 41.100(2) — 7 cases
In the Matter of the Estate of Johnny VAJGRT, Deceased, Bill Ernst, Inc., Intervenor-Appellant (2011) iowa “1977) (subsequently codified at Nev. Rev. Stat. Ann. § 41.100 (2) (West, Westlaw through 2010 Special Sess.”
Borrego v. Stauffer Chemical Co. (1970) nvd
Whetstone v. Binner (2014) ohioctapp
Caballero v. Aranas (2021) nvd
Bousley v. Polley (2023) nvd
— Nev. Rev. Stat. § 41.100(3) — 8 cases
Maxwell v. Allstate Insurance Companies (1986) nev “Our decision in that case rested upon the statutory interpretation of *504 NRS 41.100 which was subsequently amended.”
Achrem v. Expressway Plaza Ltd. Partnership (1996) nev “In 1967, the Nevada Legislature specifically prohibited the assignment of a cause of action by passing NRS 41.100(3). 1967 Nev. Stat., ch. 190, § 3 at 408.”
MID-OHIO SECURITIES CORP. v. Estate of Burns (2011) nvd
McDaniel v. Geico General Insurance (2014) caed
El Jen Med. Hosp. v. Tyler (2023) nev
— Nev. Rev. Stat. § 41.100(4) — 1 case
Maxwell v. Allstate Insurance Companies (1986) nev “Our decision in that case rested upon the statutory interpretation of *504 NRS 41.100 which was subsequently amended.”
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