Losing a loved one in a preventable accident can leave families overwhelmed and searching for answers. In Nebraska, wrongful death laws allow certain survivors to seek justice when a person dies due to someone else’s negligence or intentional actions. While no lawsuit can make up for your loss, it can offer financial relief and help hold the responsible party accountable.
Who Can File a Wrongful Death Claim in Nebraska?
In Nebraska, only the personal representative of the deceased person’s estate may file a wrongful death lawsuit. This person is often named in the will or appointed by the probate court.
Although only the personal representative can bring the claim, any compensation awarded is distributed to the deceased’s next of kin—typically the surviving spouse, children, or parents—based on their financial and emotional loss.
What Constitutes a Wrongful Death?
A wrongful death happens when someone is killed due to the negligence, recklessness, or misconduct of another person or entity. Situations that commonly lead to wrongful death claims in Nebraska include:
- Car and truck accidents
- Motorcycle crashes
- Medical malpractice
- Nursing home abuse or neglect
- Defective products
- Workplace accidents
- Criminal assaults
If the person who passed away would have had grounds for a personal injury lawsuit had they survived, then their estate may file a wrongful death claim.
Types of Compensation Available
Nebraska law allows the estate to recover both economic and non-economic damages, such as:
- Medical bills from the injury or illness
- Funeral and burial costs
- Lost wages and benefits the deceased would have provided
- Loss of companionship and guidance
- Pain and suffering the deceased experienced before death
Unlike some states, Nebraska does not allow punitive damages in wrongful death claims, even in cases of gross negligence or intentional harm.
Time Limit for Filing in Nebraska
Nebraska’s statute of limitations for wrongful death cases is two years from the date of death. If the lawsuit is not filed in that time, the court will likely dismiss the case, and compensation cannot be recovered.
This deadline can come quickly, so it’s best to consult a lawyer early to protect your rights and begin the investigation process.
Wrongful Death and Car Accidents in Nebraska
Fatal auto accidents are one of the most common reasons for wrongful death claims in Nebraska. If your loved one died in a crash caused by another driver’s negligence, the personal representative may bring a claim on behalf of the family.
Nebraska follows a modified comparative negligence system. If the deceased was less than 50% at fault for the accident, the estate may still recover compensation—though it will be reduced in proportion to the deceased’s level of fault.
Work-Related Deaths in Nebraska
When someone dies while performing their job, the surviving dependents may be eligible for workers’ compensation death benefits, including funeral costs and wage replacement.
If another party (like a contractor, vendor, or manufacturer) contributed to the fatal accident, it may also be possible to file a third-party wrongful death lawsuit.
Frequently Asked Questions About Wrongful Death in Nebraska
Can multiple people file separate lawsuits?
No. Only the personal representative can file the wrongful death lawsuit in Nebraska, even if several family members are affected. The damages are then distributed among eligible survivors.
What if the deceased didn’t have a will?
A probate court can appoint a personal representative—often a close family member—to pursue the wrongful death claim and manage the estate.
Is there a difference between wrongful death and a survival action?
Yes. A wrongful death claim focuses on the losses suffered by the family, while a survival action may seek damages the deceased would have claimed if they had survived, such as pain and suffering before death.
Can I sue a government agency?
It’s possible, but special rules apply when suing a government entity in Nebraska. There are strict deadlines and procedures, so you should speak with a lawyer as soon as possible.
Contact a Nebraska Wrongful Death Attorney
If someone you love has died due to another’s negligence or misconduct, a wrongful death attorney in Nebraska can help you take the next step. A legal claim may provide financial support and a sense of accountability for those left behind. Reach out today to schedule a free consultation and get the guidance your family deserves.