After a fatal motorcycle crash in Nevada, a wrongful death lawsuit may be brought by the rider’s heirs and personal representatives under NRS 41.085. The statute applies when a death is caused by the wrongful act or neglect of another, and Nevada generally allows 2 years to file.
This guide explains who can file, what can be claimed, and how issues specific to motorcycle crashes can affect a case. If you are dealing with the loss of a family member, a lawyer can answer questions about your situation when you are ready.
Key Takeaways
- NRS 41.085 allows heirs and personal representatives to each maintain an action.
- Heirs may recover the losses listed in NRS 41.085(4), and the personal representative may claim certain losses for the estate.
- A decedent’s comparative negligence can reduce a recovery or bar it under NRS 41.141.
- Nevada generally allows 2 years to sue under NRS 11.190(4)(e), with exceptions.
- A wrongful death case is civil and separate from any criminal case.
Who Can File a Wrongful Death Lawsuit in Nevada?
Under NRS 41.085, when a death is caused by the wrongful act or neglect of another, the decedent’s heirs and personal representatives may each maintain an action. An “heir” is a person who would be entitled to succeed to the decedent’s separate property under Nevada law if the decedent died without a will. The statute excludes a person treated as the decedent’s killer under NRS Chapter 41B.
Who qualifies depends on the family’s circumstances. A lawyer can explain how the definition applies.
What Can Be Claimed?
| Who claims | Categories under NRS 41.085 |
|---|---|
| Heirs | Grief or sorrow; loss of probable support, companionship, society, comfort, and consortium; the decedent’s pain, suffering, or disfigurement |
| Personal representative | Special damages, such as medical expenses before death; funeral expenses; penalties, including exemplary or punitive damages, the decedent would have recovered if still living |
Each heir may prove individual damages. NRS 41.100 separately addresses a cause of action that survives a person’s death. See who receives a wrongful death recovery in Nevada and wrongful death vs. survival actions.
Who Can Be Sued After a Fatal Motorcycle Crash?
NRS 41.085 allows an action against the person who caused the death, another person responsible for the wrongful act or neglect, or an employer responsible for the wrongdoer’s conduct. In a motorcycle crash, that may include another driver or a driver’s employer. If a part failed, see how auto defect claims work.
How Can Motorcycle Issues Affect the Case?
- Comparative negligence. Under NRS 41.141, the comparative negligence of a plaintiff’s decedent does not bar recovery unless it is greater than the negligence of the defendant or defendants combined. Otherwise, damages are reduced by that percentage.
- Motorcycle laws. A defendant may point to a rule such as the lane-sharing limit in NRS 486.351. Nevada’s helmet statute, NRS 486.231, does not address civil recovery.
- Insurance. Nevada’s minimum limits under NRS 485.185 are $25,000 for one person and $50,000 for two or more persons in a crash. Other coverage, such as uninsured or underinsured motorist coverage, may also need review.
What Is the Deadline?
Under NRS 11.190(4)(e), Nevada generally allows 2 years for an action to recover damages for the death of a person caused by the wrongful act or neglect of another. Exceptions can apply. Under NRS 11.250, if a person entitled to sue was under 18 when the claim accrued, the time until they turn 18 generally does not count toward the limit.
If a government vehicle or entity was involved, other rules can apply, including NRS 41.036 and the award limit in NRS 41.035.
How Does the Case Move Forward?
A case may begin with a claim to an insurer or a complaint filed in court. The parties then exchange evidence, and the case may settle or go to trial. A criminal case against a driver, if there is one, is separate. See the steps in a Nevada wrongful death lawsuit.
Talk With a Nevada Motorcycle Accident Lawyer
Vaksman Khalfin, PC handles Nevada motorcycle accident claims and has an office in Las Vegas. A lawyer can review your situation and explain the options that may be available. Contact us or visit our Nevada motorcycle accident page to learn more.
General information, not legal advice. This page is provided for general informational purposes only and is not medical advice. No attorney-client relationship is formed by reading this page or contacting the firm. Prior results do not guarantee a similar outcome.
Reviewed by Robert B. Vaksman, Partner, Vaksman Khalfin, PC (admitted in Nevada). Last reviewed: 11/09/2026
Frequently Asked Questions
The decedent's heirs and personal representatives may each maintain an action under NRS 41.085. An heir is a person who would be entitled to succeed to the decedent's separate property if the decedent died without a will.
Nevada generally allows 2 years under NRS 11.190(4)(e). Exceptions can apply, and claims involving a government entity can have other rules.
Possibly. Under NRS 41.141, a decedent's comparative negligence does not bar recovery unless it is greater than that of the defendants. Otherwise, damages are reduced by that percentage.
NRS 486.231 requires protective headgear on Nevada highways. Nevada's helmet statute does not address civil recovery, so a lawyer can explain how the issue may be treated.
