Best Wrongful Death Lawyers in Nebraska

About Wrongful Death Law in Nebraska, United States

Wrongful death law in Nebraska provides a legal pathway for families and representatives to seek justice when a loved one dies due to the negligent or intentional actions of another person or entity. This area of law is designed to compensate dependents and beneficiaries for the loss of financial support, companionship, and other damages suffered from the death. Nebraska recognizes wrongful death as a civil claim, which means it is handled separately from any criminal proceedings that may arise from the same incident. Understanding your rights under wrongful death law is crucial if you are facing this difficult circumstance.

Why You May Need a Lawyer

Wrongful death cases can be highly complex, involving multiple parties, insurance claims, and significant emotional distress. Here are some common situations where you may benefit from legal assistance:

• If you believe a loved one died due to medical malpractice, a motor vehicle accident, or an unsafe work environment
• When dealing with uncooperative insurance companies or at-fault parties
• If there are disputes among family members or estate representatives regarding the handling of the case
• When you need to gather and preserve evidence, such as eyewitness accounts, expert testimony, or medical records
• If you are unfamiliar with Nebraska’s legal requirements and statutes of limitations for filing wrongful death claims
• To calculate and pursue all entitled damages, including noneconomic losses and funeral expenses

Having an experienced wrongful death lawyer can help protect your legal rights and maximize the compensation owed to your family.

Local Laws Overview

Nebraska’s wrongful death laws are primarily found in sections 30-809 to 30-810 of the Nebraska Revised Statutes. The key aspects you should know include:

• Who can file: The wrongful death claim must be filed by the personal representative of the deceased person's estate, not directly by family members. However, the damages recovered are for the benefit of the surviving spouse and next of kin.
• Time limits: Nebraska law imposes a statute of limitations for wrongful death claims. Generally, the claim must be filed within two years from the date of death. Exceptions may exist for minors or special circumstances.
• Types of compensation: Recoverable damages may include funeral and burial costs, loss of financial support, loss of companionship, and other noneconomic damages related to the loss of the deceased family member.
• Comparative negligence: Nebraska follows a modified comparative negligence rule. If the deceased was partly at fault, the total compensation may be reduced proportionally. If fault exceeds 50 percent, the claim may be barred entirely.
• No punitive damages: Nebraska law does not allow punitive damages in wrongful death cases. Compensation is limited to actual losses experienced by the beneficiaries.

Understanding these key elements is essential for anyone considering a wrongful death action in Nebraska.

Frequently Asked Questions

What is considered wrongful death in Nebraska?

Wrongful death in Nebraska refers to a death that occurs as a result of another person's wrongful act, neglect, or default. If the event would have entitled the victim to pursue a personal injury claim had they survived, it generally qualifies as wrongful death.

Who can file a wrongful death lawsuit?

In Nebraska, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. The compensation awarded benefits the surviving spouse, children, or next of kin.

What kinds of damages are recoverable?

Recoverable damages may include loss of financial support, loss of companionship, medical and funeral expenses, and other losses resulting from the death. According to Nebraska law, punitive damages are not permitted.

How long do I have to file a wrongful death claim in Nebraska?

Generally, you have two years from the date of the deceased’s death to file a wrongful death claim. Failing to file within the statute of limitations may bar your claim entirely.

Can multiple family members receive compensation?

Yes, the compensation awarded is for the benefit of the surviving spouse and next of kin. The court will determine the distribution of damages among eligible beneficiaries.

What happens if the deceased was partially at fault?

Nebraska’s modified comparative negligence rule means that compensation may be reduced if the deceased was partially at fault. If they were found more than 50 percent at fault, no compensation will be awarded.

Are employers ever liable for wrongful deaths?

Yes, if a death occurs due to an employer's negligence or failure to maintain a safe work environment, they may be held liable. Workers compensation may also provide certain benefits to surviving family members.

Do I need an attorney to file a wrongful death claim?

While not required, hiring an experienced wrongful death attorney is strongly recommended. Legal counsel can help navigate the complex process and ensure your rights are protected.

Can wrongful death claims settle out of court?

Yes, many wrongful death claims are resolved through settlements negotiated out of court. However, if a fair settlement cannot be reached, the case may proceed to trial.

How is the compensation divided among beneficiaries?

The court determines the distribution of compensation among the surviving spouse, children, and other next of kin based on their relationship to the deceased and their level of dependency.

Additional Resources

If you are seeking further information or assistance regarding wrongful death in Nebraska, consider the following resources:

• Nebraska State Bar Association - Offers lawyer referral services and legal information for residents.
• Nebraska Judicial Branch - Provides access to statutes, forms, and court information related to wrongful death claims.
• Nebraska Department of Insurance - Useful for matters involving insurance companies in wrongful death cases.
• Local legal aid organizations - Such as Legal Aid of Nebraska, can provide support for those who cannot afford private counsel.
• County courthouses - Staff can offer procedural guidance and information about filing probate or estate matters connected to wrongful death.

Next Steps

If you believe you have a wrongful death claim in Nebraska, here are recommended steps to take:

• Document all relevant information regarding the incident, including medical records, accident reports, and witness details
• Contact an experienced wrongful death attorney for a case evaluation and advice
• Ensure the personal representative of the deceased's estate is formally appointed if not already done
• Avoid making statements or agreements with insurance companies or opposing parties before consulting an attorney
• Be mindful of deadlines, especially the two-year statute of limitations, to protect your right to file a claim
• Utilize available local resources and support organizations as needed

Navigating a wrongful death case is emotionally and legally challenging. Seeking timely legal guidance is the best way to honor your loved one's legacy and obtain the compensation your family deserves.