After getting into a car accident I called Barbara and it was the best decision I ever made. She is amazing! I couldn’t have asked for a better lawyer to represent me. She got me the best settlement to pay back my medi...
The fight with insurance companies is just as hard as fighting for your life after an accident. As long as you dont give up on yourself Barbara will fight for you. The staff at Kidwell and Gallagher were great as well. I...
These two are specialists in two related fields, personal injury and workmen’s comp. Both they and their staff were VERY responsive to me and my questions, and handled my case with patience and competence. I would,...
I feel like kidwell & Gallagher went above and beyond for me. Craig himself and his staff are so nice and helpful. I would highly recommend this law office for your workmans comp/injury needs. You will not be disappo...
The best place to go if you need good hometown lawyers. They are very informative and kept us updated on what was going to happen through out our case.
Was the best experience, we told them the problem and they took over everything, was such a relief. Always there to answer any questions and help is fast is possible.
I was at my job mountain crew changes there in the basement of kidwell and Gallagher
They weren’t able to help with my case, but they directed me to someone who could.
Kidwell & Gallagher Injury Lawyers hears this question from grieving Nevada families more often than most people expect: who can sue for wrongful death when a loved one dies because of another person’s negligence or misconduct? The right to file does not automatically belong to everyone who feels the loss.
Nevada law limits standing to certain surviving relatives and the personal representative of the deceased person’s estate. Because eligibility depends on the family’s relationship to the decedent and how the estate is administered, a Reno wrongful death lawyer can help identify the proper party early and keep the family from losing time it does not have.
Two categories of people have the right to sue for wrongful death in Nevada: the personal representative of the deceased’s estate and the decedent’s heirs. Under NRS 41.085, both may pursue a claim, and Nevada treats these as two separate legal actions rather than one shared lawsuit. The personal representative acts on behalf of the estate, seeking compensation for losses the estate absorbed directly, including medical bills and funeral costs. Heirs bring their own action for the losses they experienced personally, such as grief, lost companionship, and lost financial support.
A surviving spouse and any children generally hold the strongest claim. When a decedent leaves no spouse or children, the right passes to parents, then siblings, then the closest surviving relative under Nevada’s succession order. A personal representative, whether named in a will or appointed through probate, files on behalf of the estate rather than as an individual heir.
Significant others, fiancés or fiancées, close friends, and other loved ones without a qualifying legal relationship cannot bring a wrongful death claim in Nevada, even if the decedent named them in a will. Nevada’s wrongful death statute ties standing to heirship and estate administration, not emotional closeness or financial dependence. A person can have shared a home with the decedent for decades and still fall outside the categories NRS 41.085 recognizes.
This limitation surprises many families, particularly unmarried partners who assumed a long-term relationship carried the same legal weight as marriage. It does not. Anyone questioning where they fall within this structure should confirm their standing before assuming a claim exists or does not.
Nevada law allows both economic and non-economic damages in a wrongful death case, though the categories differ depending on whether the estate or the heirs bring the claim.
The estate’s claim generally covers:
Heirs pursue a separate set of losses, including:
None of these categories guarantee a specific outcome or dollar amount, and the value of any claim depends entirely on the facts, the evidence, and the parties involved. A wrongful death attorney can walk a family through which losses apply to their specific situation once the proper parties are identified and the claim takes shape.
Standing seems straightforward until a family’s actual circumstances arrive, and the question of who can sue for wrongful death often has more than one reasonable answer. A second marriage can raise questions about which children qualify as heirs. A decedent with no spouse and estranged siblings can leave the succession order unclear.
Blended families, adopted children, and relatives who dispute each other’s standing all add layers a first read of the statute does not reveal. These situations are exactly where a case can stall before it starts, and where confirming standing early prevents a family from losing the right to recover at all.
Kidwell & Gallagher Injury Lawyers helps Nevada families to understand who can sue for wrongful death, confirm standing, identify the proper personal representative, and pursue the compensation the law allows for both the estate and eligible heirs. Every family’s situation looks different, and the sooner standing gets confirmed, the sooner a claim can move forward. Call (775) 323-2667 today for a free consultation, and let our team explain exactly where your family stands and what comes next.
Craig W. Kidwell is the managing partner of Kidwell & Gallagher, Ltd., and exclusively represents injured workers in Nevada. Mr. Kidwell has been practicing workers’ compensation law in Nevada since 1999 and has acted as lead counsel on over 2,000 contested workers’ compensation claims. Mr. Kidwell represents injured workers in Nevada through all stages of Nevada’s complex worker’s compensation system. Craig regularly appears in all levels of Nevada’s administrative workers’ compensation system and has represented injured workers in Nevada’s districts and Supreme Court.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Managing Partner, Craig W. Kidwell who has more than 20 years of legal experience as a personal injury attorney.