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Survival ActionsWrongful Death

Posted by attorney Howard Roitman

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.

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