Nevada Remedies; Special Actions and Proceedings

Sec. § 41.100
Cause of action not lost by reason of death; damages; recovery for loss arising out of unfair practice regarding policy of life insurance; subrogation.

1.

Except as otherwise provided in this section, no cause of action is lost by reason of the death of any person, but may be maintained by or against the person’s executor or administrator.

2.

In an action against an executor or administrator, any damages may be awarded which would have been recovered against the decedent if the decedent had lived, except damages awardable under NRS 42.005 or 42.010 or other damages imposed primarily for the sake of example or to punish the defendant.

3.

Except as otherwise provided in this subsection, when a person who has a cause of action dies before judgment, the damages recoverable by the decedent’s executor or administrator include all losses or damages which the decedent incurred or sustained before the decedent’s death, including any penalties or punitive and exemplary damages which the decedent would have recovered if the decedent had lived, and damages for pain, suffering or disfigurement and loss of probable support, companionship, society, comfort and consortium. This subsection does not apply to the cause of action of a decedent brought by the decedent’s personal representatives for the decedent’s wrongful death.

4.

The executor or administrator of the estate of a person insured under a policy of life insurance may recover on behalf of the estate any loss, including, without limitation, consequential damages and attorney’s fees, arising out of the commission of an act that constitutes an unfair practice pursuant to subsection 1 of NRS 686A.310.

5.

This section does not prevent subrogation suits under the terms and conditions of an uninsured motorists’ provision of an insurance policy.
ACTIONS FOR PERSONAL INJURIES BY WRONGFUL ACT, NEGLECT OR DEFAULT
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Last accessed
Feb. 5, 2021

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