When a family loses someone to another person's wrongful act or neglect, Nevada sets a legal deadline for acting. In most wrongful death cases, the deadline is two years, though when the clock starts and which exceptions apply depend on the circumstances. A wrongful death lawyer Reno families turn to can explain how much time Nevada law allows.
For Reno and Northern Nevada families, the deadline is only part of the problem. Our Reno wrongful death attorneys at Viloria, Oliphant, Oster & Aman L.L.P. take a limited number of cases so each family works directly with the attorneys handling the claim. We can review your circumstances and explain which deadline applies, and personal injury consultations are free.
Key Takeaways:
- Nevada gives two years to bring an action for death caused by another person's wrongful act or neglect.
- NRS 41.085 governs who may bring a wrongful death action and identifies damages that heirs and the decedent's personal representative may pursue.
- A wrongful death claim generally runs from the date of death, while the decedent's surviving personal injury claim runs from the date of the injury.
- The deadline can be different when a claim involves a government entity or another statute with a specific limitation period.
- Waiting until the deadline is approaching can make an investigation harder because evidence, records, and witness recollections may become more difficult to obtain.
What Is the Nevada Wrongful Death Statute of Limitations?
The Nevada wrongful death statute of limitations generally gives a claimant two years to bring a civil action for the death of a person caused by another's wrongful act or neglect. NRS 11.190(4)(e) establishes a two-year limitation period for an action seeking damages for personal injuries or death arising out of the wrongful act or neglect of another.
How a Filing Deadline Differs From a Deadline to Call a Lawyer
The two-year period is not an informal deadline for contacting a lawyer. Once it expires, a statute of limitations can bar the lawsuit entirely.
When Does the Two-Year Period Begin?
A Nevada wrongful death claim generally runs two years from the date of death, because the death is the event that creates the claim. That is the starting point for the action the heirs bring under NRS 41.085.
The Wrongful Death Claim and the Estate's Survival Claim Can Run on Different Clocks
A fatal injury can produce two separate claims with two separate starting points. The wrongful death claim belonging to the heirs runs from the date of death. Under NRS 41.100, the decedent's own personal injury claim is not lost at death and survives to the estate, and that claim runs from the date of the injury.
Consider a person who is fatally injured in a Reno collision and dies before the year is out. The heirs' wrongful death deadline runs from the date of death, while the survival claim the estate may bring runs from the date of the collision. When the injury and the death fall in different months or different years, the two deadlines can sit well apart.
Because the two claims are often pursued together, both dates need to be identified early. The filing deadline should be calculated from the facts and applicable statutes, not from a general rule.
Why Nevada Sets a Two-Year Window
Nevada sets a defined period for filing a wrongful death claim, so disputes are brought while evidence is still reasonably available. Over time, memories fade, records become harder to obtain, and physical evidence can change or disappear.
The deadline is not, however, a reason to wait. A wrongful death investigation can take months when the case involves multiple defendants, commercial vehicles, construction sites, or disputed causation.
How the Discovery Rule Can Affect a Wrongful Death Deadline
The discovery rule can affect when a limitation period begins to run. Under Nevada law, it concerns situations where the facts giving rise to a claim were not reasonably discoverable when the injury or death occurred.
For wrongful death claims, it is not an automatic extension of the two-year period. Whether it applies turns on when the claimant knew, or reasonably should have known, the facts supporting the cause of action.
When Delayed Discovery Usually Comes Up
This issue can arise when the connection between a person's death and the conduct allegedly responsible for it is not immediately apparent. Cases involving the delayed discovery of an injury or its cause may require a closer examination of medical records, investigative findings, and other evidence before the applicable deadline can be determined.
If there is uncertainty about when the period began, the family should have the claim reviewed promptly rather than assume the discovery rule extends it.
Common Causes of Wrongful Death Claims We See in Reno
Fatal car accidents remain the most common wrongful death claim across Northern Nevada, particularly at busy intersections in Reno, Sparks, and the surrounding Washoe County area.
Truck accidents, motorcycle crashes, pedestrian accidents, and incidents involving drunk driving also account for a significant share of the wrongful death cases we handle. Construction accidents and premises liability failures round out many of the remaining claims, especially in cases involving inadequate safety precautions.
Where Northern Nevada Families File
A wrongful death action arising in Reno or Sparks is typically filed in the Second Judicial District Court in Washoe County, which sits at 75 Court Street in Reno. Families in Carson City and in Douglas, Story, Lyon, Churchill, and Pershing counties file in the district court serving their county. Identifying the correct court early matters, because the limitation period is measured against the date the complaint is actually filed there.
What Happens If You Miss the Filing Deadline?
If the applicable period has expired, the defendant can move to dismiss the lawsuit as time-barred, and the court may dismiss it regardless of how strong the family's allegations are. There can be exceptions or circumstances that affect how a limitations period is calculated.
Deadlines That Work Differently
For example, claims involving a minor child as an eligible heir may be subject to different tolling rules, meaning rules that pause the clock, than claims involving only adult heirs. Because these situations vary with the facts, reviewing your circumstances with an attorney is the only reliable way to know which deadline applies.
How Does a Claim Against a Nevada Government Entity Change the Deadline?
A tort claim against a Nevada government entity carries its own filing requirement on top of the two-year limitation period. Under NRS 41.036, a claim against the State or one of its agencies must be filed with the Attorney General within two years after the cause of action accrues, meaning from the date the claim legally arises. A claim against a political subdivision, such as a city or county, goes to that entity's governing body within the same period.
Nevada has waived its immunity from liability under NRS 41.031, so these claims are possible. NRS 41.035 limits the award to $200,000 per claimant, exclusive of interest, and exemplary or punitive damages, meaning damages meant to punish rather than compensate, are not available against a government defendant.
This matters in Northern Nevada when a fatal crash involves a public vehicle, a road or intersection maintained by a city or county, or a public employee acting within the scope of employment. Identifying the correct entity and the correct person to receive the claim is part of protecting the deadline.
Who Can File a Nevada Wrongful Death Claim?
NRS 41.085 establishes who may maintain a wrongful death action. The heirs of the decedent and the decedent's personal representative, meaning the person appointed to act for the estate, may each maintain an action when death is caused by another's wrongful act or neglect. The statute also reaches other responsible parties, including an employer or another person responsible for the wrongdoer's conduct.
What Heirs May Recover
That distinction matters because a wrongful death case can involve different claims and different categories of damages. Qualifying heirs may prove their respective damages. The statute identifies damages including grief or sorrow, loss of probable support, companionship, society, comfort, and consortium, as well as damages for the decedent's pain, suffering, or disfigurement.
The evidence supporting these losses varies from one family to another. Losing a parent who supported young children looks very different from losing a retired spouse, so the family relationship and the decedent's contributions become important evidence.
What the Personal Representative May Recover
The personal representative can also pursue damages on behalf of the estate. The law identifies special damages such as qualifying hospital bills incurred before death and funeral expenses, plus penalties, including punitive damages, the decedent could have recovered had the decedent survived.
Those damages are distinct from the losses individual heirs may establish. The heirs recover for the decedent's pain, suffering, and disfigurement, while the personal representative does not.
Who Nevada Law Excludes From the Definition of an Heir
Nevada law does not treat every surviving relative as an heir for wrongful death purposes. NRS 41.085 excludes a person who is deemed to be a killer of the decedent under NRS Chapter 41B. Under NRS 41B.260, a court may find by a preponderance of the evidence, meaning more likely than not, that a person was a culpable actor in the felonious and intentional killing of the decedent.
FAQs: Wrongful Death Lawyer Reno
Here are answers to a few of the questions Northern Nevada families ask most often about wrongful death filing deadlines.
What if the death occurred more than two years ago?
A death more than two years ago does not automatically end the inquiry. The applicable statute, the type of claim, and the circumstances should be reviewed. A wrongful death lawyer Reno families trust can determine whether any claim remains available.
Does reporting the death to the police or an insurance company pause the two-year deadline?
No. Filing a police report, opening an insurance claim, or exchanging information with an adjuster does not stop or extend the limitation period. Only a lawsuit filed with the court preserves the claim once the period runs out.
Do all wrongful death claims in Nevada go to trial?
Most claims are resolved through negotiation, though Viloria, Oliphant, Oster & Aman L.L.P. prepares every case as though it will go to trial, so families have real leverage during those negotiations. That preparation often encourages the opposing side to negotiate more seriously from the start.
Do we need to open a probate estate before filing a wrongful death claim?
It depends on which claim is being brought. The heirs may bring their own action without an estate being opened, but the claims belonging to the estate require an appointed personal representative. Because an appointment takes time, families should raise this early rather than close to the deadline.
What if no one was criminally charged in connection with the death?
A civil wrongful death claim does not depend on a criminal charge or conviction. The two proceedings are separate, use different standards of proof, and run on separate schedules. Waiting for a criminal case to conclude does not extend the civil filing deadline.
How does settlement affect the timeline for a wrongful death claim?
Settlement negotiations do not extend Nevada's wrongful death filing deadline. If the parties complete a binding settlement agreement before the deadline, the claim can be resolved without a lawsuit. Otherwise, the family generally must file before the deadline expires to preserve the claim.
Speak With a Wrongful Death Lawyer Reno Families Turn to Before Time Runs Out
The sooner your family understands which wrongful death filing deadline applies, the more options you have to protect your legal rights. Our attorneys can assess your situation and explain how Nevada law applies.
At Viloria, Oliphant, Oster & Aman L.L.P., a short conversation now can make a significant difference in how much time your family has to build a strong claim. Call us at (775) 284-8888 to schedule a free consultation for your wrongful death claim.