When a family member dies due to negligence in Las Vegas, the emotional toll is immediate. The financial toll follows days later. Between the funeral home, the cemetery, and the probate attorney, the “business of death” starts sending bills within weeks. What it adds up to depends entirely on the arrangements a family chooses, and we have no average we can stand behind: cremation, a burial with a plot, a headstone, and the legal administration of an estate all move the total a long way. The Federal Trade Commission’s Funeral Rule gives you the right to an itemized price list before you agree to anything, and that list, not a national figure, is what your claim is built on.
A common fear we hear is: “Will these costs come out of my settlement?”
The answer lies in NRS 41.085, Nevada’s wrongful death statute. This law lets us ask the at-fault party to cover costs such as the funeral and the medical bills from before the death, but only if we structure the lawsuit correctly.
Filed correctly, the claim seeks that money from the at-fault party rather than from your own recovery. This guide explains the “Two Checkbook” system of Nevada wrongful death law and how to protect your family’s recovery.
The “Two Checkbook” System: NRS 41.085
In many states, a wrongful death lawsuit is one big pot of money. In Nevada, it is legally split into two separate claims (or “checkbooks”). Understanding this distinction is the key to protecting your financial future.
Checkbook 1: The Heirs’ Claim
- Who gets it: The decedent’s heirs, meaning the people who would inherit under Nevada’s intestate-succession law; an attorney confirms who qualifies.
- What it covers: Grief, sorrow, loss of support, loss of companionship, and the decedent’s pain, suffering or disfigurement.
- The “Debt Shield”: Under NRS 41.085(4), money awarded to heirs is not liable for the decedent’s debts. If your loved one died with $50,000 in credit card debt, creditors cannot touch this money. It is yours, pure and simple.
Checkbook 2: The Estate’s Claim
- Who gets it: The “Estate” (managed by the Special Administrator).
- What it covers: Funeral expenses, medical bills incurred before death, and punitive damages.
- The Purpose: This money is used to pay off the debts of the deceased, including the funeral and probate costs, so the family doesn’t have to.
The Strategy:
We file both claims simultaneously. We use the Estate’s Claim to clean up the financial mess (funeral, medical bills, administration fees) so that the Heirs’ Claim remains untouched and fully available for your family’s future.
Recovering Funeral Expenses
Funeral costs in Las Vegas vary widely with the arrangements made, so the number that matters is the one on your own invoices. Under NRS 41.085(5)(a), the damages recoverable by the personal representatives on behalf of the estate include any special damages, such as medical expenses, which the decedent incurred before death, and funeral expenses, so the estate may recover funeral expenses once liability is established.
How We Shift the Burden
- Don’t Pay Cash Yet: If possible, ask the funeral home to accept an “assignment” against the future insurance settlement.
- File the Estate Claim: We include the full cost of the funeral, burial, cremation, and plot in the Estate’s damages demand.
- The Settlement Pays the Bill: When the case settles, the Estate’s portion of the funds pays the funeral home directly.
The Consequence:
If you don’t open an Estate claim (and only sue as heirs), the defendant is not legally required to reimburse the funeral costs under the Heirs’ portion of the statute. You effectively volunteer to pay for the funeral out of your own “grief and sorrow” money.
Recovering Probate & Administration Costs
While NRS 41.085 explicitly lists “funeral expenses,” it does not list “probate attorney fees” as a line-item damage the defendant must pay. However, the legal reality is that you cannot sue without opening probate.
Therefore, the administration of the Estate is a necessary cost of the lawsuit.
How We Fund the Administration
We work to build the Estate Claim up so it can cover these administrative costs. The Estate’s share of a wrongful death case does not include the decedent’s pain, suffering or disfigurement, which belongs to the Heirs’ claim, but we aggressively pursue the losses the Estate itself can recover:
- Pre-Death Medical Bills: Even if the victim died at the scene, there are often ambulance or ER bills.
- Income Lost Before Death: Where the person survived the injury for a period, the earnings lost in that period are sometimes raised as a pre-death special damage of the Estate. Be careful with it. In Alsenz v. Clark County School District, 109 Nev. 1062 (1993) the Nevada Supreme Court held that the list of damages available to the Estate “was not intended to be expansive” and that the Estate’s recovery “cannot include lost economic opportunities of the decedent,” because that element is what the heirs recover as loss of probable support. Whether a particular period of pre-death lost earnings fits the Estate’s side of the statute is a question for your attorney rather than something to count on.
- Punitive Damages: Where a driver caused the death after willfully consuming alcohol or another substance, or where there is clear and convincing evidence that the defendant acted with oppression, fraud or malice, these damages belong to the Estate.
By recovering these funds, we work to build an Estate solvent enough to pay for its own administration (the Special Administrator filing fees, court costs, and legal work). The goal is to keep the cost of managing the lawsuit from bleeding into the Heirs’ recovery.
Heirs vs. Estate: A Comparison
| Damage Type | Heirs’ Claim | Estate’s Claim |
|---|---|---|
| Grief & Sorrow | ✅ YES | ❌ NO |
| Funeral Expenses | ❌ NO | ✅ YES |
| Medical Bills (Pre-Death) | ❌ NO | ✅ YES |
| Punitive Damages | ❌ NO | ✅ YES |
| Liable for Debts? | 🛡️ PROTECTED (Creditors can’t touch) | ⚠️ LIABLE (Used to pay debts) |
Source: NRS 41.085
Action Plan: Managing the Financials
- Keep All Receipts: Every dollar spent on the funeral, obituary, transport of remains, and cemetery plot must be documented. These are “special damages” we will bill to the defendant.
- Do Not Pay Estate Debts Personally: Do not use your own savings to pay off the deceased’s credit cards or medical bills. These are the Estate’s problem, not yours. If the Estate recovers money, it will pay them. If it doesn’t, they may get written off, but never volunteer your own money.
- Appoint a Special Administrator: As discussed in our executor guide, we need to open the Estate quickly to legally claim these expenses.
Why You Need Experience on Your Side
Navigating NRS 41.085 requires a strategic balance between the Heirs’ interests and the Estate’s obligations. A mistake here, like commingling funds or failing to file the Estate claim, can cost your family tens of thousands of dollars in funeral and administrative costs.
With 40+ years of experience, Jack Bernstein knows how to structure these claims to maximize the defendant’s payout and shield your family’s recovery from creditors. We make the at-fault party pay for the expensive administration of death, so you don’t have to.
Contact Jack Bernstein Injury Lawyers for a free consultation: (702) 633-3333.