Nebraska Wrongful Death Lawyer

Who can file a wrongful death lawsuit in Nebraska?

The personal representative of the estate. Nebraska generally requires the claim to be brought by that person for the benefit of the surviving spouse and next of kin, rather than by each family member on their own.

If the person who died had a will naming a personal representative, that person is usually appointed by the court. If not, a family member can ask the court to appoint one. Opening the estate takes time, which is one reason to begin early. The representative files on behalf of the family, and any recovery is distributed to the people the law protects.

How is a survival claim different from a wrongful death claim?

They compensate different losses. The wrongful death claim covers what the family lost because of the death. The survival claim covers what the person who died could have claimed if they had lived.

Survival claim damages can include medical bills, lost earnings between the injury and death, and the pain the person experienced. The two claims are usually filed together. Wrongful death damages generally include:

• Lost financial support and contributions.
• Loss of services the person provided, such as household help and care.
• Loss of society, comfort and companionship.
• Funeral and burial costs.

When the death resulted from medical negligence against a qualified provider, Nebraska's cap on total malpractice damages may limit recovery. See our Nebraska medical malpractice page for more on that cap.

How long does a Nebraska family have to file?

Generally two years from the death. That is shorter than the four years allowed for most injury claims in Nebraska, and families who assume they have more time can lose the claim.

Other deadlines may be even shorter. When a city, county or other public body may be responsible, such as for a dangerous road or a public vehicle crash, a written claim must be filed under Nebraska's tort claims laws, which have their own tight timelines. Medical malpractice deaths may involve additional procedural steps. Our team identifies every deadline at the start of the case.

What fatal accidents lead to claims in Nebraska?

Many Nebraska wrongful death cases come from highway crashes, industrial work and medical errors. Rural distances can turn survivable injuries into fatal ones when help arrives late.

Common examples include:

• I-80 truck crashes and multi-vehicle pileups in winter weather.
• Rural intersection collisions on two-lane highways.
• Grain bin entrapments, machinery accidents and meatpacking plant injuries.
• Drownings at lakes and rivers.
• Missed diagnosis or delayed transfer to a larger hospital.

In a work-related death, workers' compensation death benefits are usually available and generally prevent a lawsuit against the employer. A separate wrongful death claim may still exist against a contractor, equipment maker or driver.

How does the 50% bar affect a family's recovery?

The family's award is reduced by the percentage of fault assigned to the person who died, and the family recovers nothing if that share is 50% or more.

Here is an example. A woman is killed when a semi drifts across the center line on a two-lane highway near Norfolk. The family's damages total $1,200,000. The carrier argues she was speeding. If a jury assigns her 10% of the fault, the family receives $1,080,000. If the jury assigns her 50%, the family receives nothing. Because she cannot explain what happened, crash reconstruction, vehicle data and witnesses carry the case.

Does a criminal prosecution help our civil case?

It can, but the two cases are separate. A criminal case seeks punishment. The family's civil case seeks compensation, and it uses a lower standard of proof.

A conviction can strengthen the civil claim, and police reports and evidence may be useful. But the family does not need to wait for the criminal case, and the civil clock keeps running while it proceeds. A civil case can succeed even when no charges are filed.

What should a family do first?

Take time to grieve, and let our team handle the legal steps. A few early actions protect the claim:

1. Gather the death certificate, police report and medical records.
2. Keep letters from insurers and avoid recorded statements.
3. Save pay stubs, tax returns and records of the person's contributions.
4. Talk with our team about opening an estate and appointing a personal representative.

Learn more on our wrongful death practice page and our Nebraska injury law overview. Our page on workplace and construction injuries explains third-party claims after fatal work accidents.