nacasewhereadeathiscausedbyawrongfulactorneglect, NRS 41.085 provides the exclusive remedy for claimants in a wrongful death action, permitting only the decedent’s heirs or the personal representative to maintain an action for damages against the person who caused the death. The heirs and personal representative of the estate may both maintain an action and the claims may be consolidated. An heir may not maintain such an action if found responsible for the decedent’s death.

1

Heir

Maybeawardedpecuniarydamagesforgriefandsorrowoverthe loss, loss of probably support, companionship, society, consortium, and damages for the pain and suffering and disfigurement of the decedent. Hedonic damages, such as loss of enjoyment of life are recoverable, but are limited to the damages and loss the decedent could experience prior to death. The proceeds of any such recovery are not liable for any debt of the decedent.

2

Personal Representative

Maybeawardedspecialdamages,the decedent's medical expenses, funeral expenses, and any punitive or exemplary damages the decedent would have recovered if he/she had lived. No pain and suffering may be awarded. The estate's recovery may be liable for the debts of the decedent.