Existing law, for the purposes of allowing an heir to maintain an action for damages for a death caused by the wrongful act or neglect of another person, defines the term “heir” to mean a person who would be entitled to succeed to the separate property of a decedent if the decedent had died intestate. (NRS 41.085) Section 1 of this bill revises the definition of “heir” to mean a person who, at the time such an action for damages is brought, would be entitled to succeed to the separate property of the decedent. Existing law generally requires a civil action to recover damages for injuries to or the death of a person arising from the wrongful act or neglect of another person to be commenced not later than 2 years after the date on which the wrongful act or neglect occurred. (NRS 11.190) Sections 1 and 2 of this bill authorize a civil action to recover damages for the death of a decedent to be brought by the heirs and the personal representatives of the decedent at any time against a natural person who is deemed to be a killer of the decedent or the personal representative of the estate of such a killer. Section 3 of this bill provides that the amendatory provisions of this bill apply retroactively to such a civil action, even if the statute of limitations that was in effect at the time of the act has expired, which means that a civil action that would otherwise be time-barred by the former statute of limitations is revived by this bill.

Statutes affected:
As Introduced: 41.085, 11.190
Reprint 1: 41.085, 11.190
Reprint 2: 41.085, 11.190
BDR: 41.085, 11.190