Wrongful Death Complaint - Nevada

WRONGFUL DEATH COMPLAINT

State of Nevada – District Court

TABLE OF CONTENTS

1. Caption & Counsel Identification

2. NRCP 7(a) Complaint
   2.1. Parties
   2.2. Jurisdiction & Venue
   2.3. Statement of Facts

3. First Cause of Action – Wrongful Death (NRS 41.085)

4. Second Cause of Action – Independent Surviving Claim (optional; NRS 41.100)
5. Damages Allegations & Statutory Caps (If Applicable)
6. Prayer for Relief
7. Demand for Jury Trial
8. Reservation of Rights
9. Verification (Optional)
10. Affirmation re Personal Data (NRS 239B.030)
11. Signature Block

1. CAPTION & COUNSEL IDENTIFICATION

[ATTORNEY NAME], Esq.
Nevada Bar No. [BAR #]
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Plaintiff(s)

[___] JUDICIAL DISTRICT COURT

State of Nevada, In and For the County of [COUNTY]

Case No.: [___]
Dept. No.: [___]

COMPLAINT FOR:

1. WRONGFUL DEATH (NRS 41.085)
2. INDEPENDENT SURVIVING CLAIM (OPTIONAL; NRS 41.100)

DEMAND FOR JURY TRIAL

2. NRCP 7(a) COMPLAINT

2.1 Parties

1. Plaintiff [PLAINTIFF NAME] (the “Plaintiff”) is an individual who, when this action is brought, would be entitled to succeed to the separate property of [DECEDENT NAME] (“Decedent”) if Decedent died intestate, and is therefore an heir under NRS 41.085(1). Plaintiff is not excluded as a person deemed to be Decedent's killer under Chapter 41B of NRS.
2. Plaintiff [PERSONAL REPRESENTATIVE], in the capacity of Personal Representative of the Estate of Decedent, brings the personal representative's wrongful-death route under NRS 41.085(2), with estate damages governed by NRS 41.085(5). [If applicable: The personal representative also brings the genuinely distinct surviving claim described in Count II under NRS 41.100.]
3. Defendant [DEFENDANT NAME] (“Defendant”) is a [corporation/individual/etc.] doing business in the State of Nevada and subject to this Court’s jurisdiction.
4. At all relevant times, each Defendant acted individually, jointly, and/or through agents under the doctrine of respondeat superior.

2.2 Jurisdiction & Venue

5. This Court has subject-matter jurisdiction pursuant to Nev. Const. art. 6, § 6 and NRS 41.085.
6. Venue is proper in this County under NRS 13.040 because Defendant, or at least one Defendant, resides in this County at the commencement of this action. [If no Defendant resides in Nevada or the Nevada county of residence is unknown, plead the applicable statutory alternative.]
7. The amount in controversy exceeds $100,000 (the mandatory-arbitration threshold effective 1/1/2026 under 2025 AB 3, 83rd Sess.), thereby exempting this action from Nevada’s Court-Annexed Arbitration Program unless the parties stipulate otherwise.

2.3 Statement of Facts

8. On or about [DATE], Decedent was lawfully present at [LOCATION].

9. Defendant negligently, recklessly, and/or intentionally committed the following acts and omissions:
   a. [FACT 1]
   b. [FACT 2]
   c. [FACT 3]

10. As a direct and proximate result, Decedent suffered fatal injuries, ultimately causing death on [DATE].

11. Plaintiff(s) have satisfied all applicable conditions precedent. The personal representative was appointed on [DATE] in Probate Case No. [CASE #]. The heir plaintiffs' standing rests independently on their status under NRS 41.085(1), supported by [intestate-succession facts].

3. FIRST CAUSE OF ACTION – WRONGFUL DEATH

(Against All Defendants – Nev. Rev. Stat. § 41.085)

12. Plaintiff realleges paragraphs 1–11 as if fully set forth herein.
13. Defendant owed Decedent a duty of reasonable care.
14. Defendant breached that duty as described above.
15. The breach was the actual and proximate cause of Decedent’s death.
16. Pursuant to NRS 41.085(4), each statutory-heir Plaintiff seeks that heir's grief or sorrow and loss of probable support, companionship, society, comfort, and consortium, plus damages for Decedent's pain, suffering, or disfigurement. These subsection 4 damages are not recoverable by the Estate. NRS 41.085(5).

16A. Pursuant to NRS 41.085(5), the Personal Representative seeks Decedent's pre-death special damages, including medical expenses, funeral expenses, and any penalty—including exemplary or punitive damages—that Decedent would have recovered had Decedent lived. This estate category excludes Decedent's pain, suffering, and disfigurement.

4. SECOND CAUSE OF ACTION – INDEPENDENT SURVIVING CLAIM (OPTIONAL; DELETE UNLESS DISTINCT)

(Against All Defendants – NRS 41.100)

17. Plaintiff realleges paragraphs 1–16 as if fully set forth herein.
18. Before and independently of the injury that caused death, Decedent held the following cause of action: [identify claim, accrual facts, and separate injury].
19. That distinct claim survives under NRS 41.100. This count does not duplicate or reallocate any fatal-injury damage assigned between the heirs and personal representative by NRS 41.085(4)-(5).

5. DAMAGES ALLEGATIONS & STATUTORY CAPS (IF APPLICABLE)

20. Plaintiff(s) seek economic and non-economic damages in an amount to be proven at trial and within the jurisdiction of this Court.
21. Apply all defendant-, claim-, and date-specific limits. If this is an action for professional negligence against a provider of health care, NRS 41A.035 limits the total noneconomic-damages award for the action regardless of the number of plaintiffs, defendants, or theories; the Nevada Supreme Court publishes the annual amount ($590,000 for 2026). Governmental and other special claims require separate analysis.
22. The Personal Representative seeks any exemplary or punitive damages Decedent could have recovered, if supported, under NRS 41.085(5), subject to NRS 42.005 and other current claim-specific law.

6. PRAYER FOR RELIEF

WHEREFORE, Plaintiff(s) respectfully request that judgment be entered in their favor and against Defendant(s) as follows:
A. General and special damages in excess of $[AMOUNT];
B. Each heir's damages under NRS 41.085(4), including Decedent's pain, suffering, or disfigurement;
C. The Personal Representative's pre-death special damages and funeral expenses under NRS 41.085(5);
D. Each heir's individual grief, sorrow, and loss of probable support, companionship, society, comfort, and consortium;
E. Any penalty or exemplary damages recoverable by the Personal Representative under NRS 41.085(5), where allowed;
F. Pre- and post-judgment interest as allowed by NRS 17.130;
G. Reasonable attorney’s fees and costs of suit; and
H. Such other and further relief as the Court deems just and proper.

7. DEMAND FOR JURY TRIAL

Pursuant to NRCP 38(b) and Nev. Const. art. 1, § 3, Plaintiff hereby demands a trial by jury on all triable issues.

8. RESERVATION OF RIGHTS

Plaintiff(s) reserve the right to amend this Complaint to conform to the evidence and to add additional parties or claims as discovery progresses.

9. VERIFICATION (OPTIONAL)

STATE OF NEVADA )
) ss.
COUNTY OF [COUNTY] )

I, [PLAINTIFF NAME], being first duly sworn, depose and say:
I am the Plaintiff in the foregoing Complaint; I have read the Complaint and know the contents thereof; the same is true of my own knowledge, except as to those matters stated on information and belief, and as to those matters, I believe them to be true.

_____________________________
[PLAINTIFF NAME]

SUBSCRIBED and SWORN before me
this ___ day of __________, 20__.

_____________________________
Notary Public

10. AFFIRMATION RE PERSONAL DATA (NRS 239B.030)

Pursuant to NRS 239B.030, the undersigned does hereby affirm that this document does not contain the social security number of any person.

11. SIGNATURE BLOCK

DATED this ___ day of __________, 20__.

Respectfully submitted,

_________________________________
[ATTORNEY NAME], Esq.
Nevada Bar No. [BAR #]
Attorney for Plaintiff(s)