FAQs – Wrongful Death Lawsuit

Fatal motorcycle accident
Who may file a Wrongful Death Lawsuit in the State of Nebraska?

Although a wrongful death claim in Nebraska is brought for the benefit of the deceased person’s surviving family members, it must be filed by the legal representative of the deceased person’s estate.

A wrongful death claim may be filed against the estate of a person whose wrongful act, neglect, or default caused death if that individual has also passed away. For example, if a car accident claims the life of both a careless driver and a pedestrian, the pedestrian’s legal representative may file a wrongful death suit against the estate of the driver, just as the representative could have filed a suit against the driver if he or she were still alive.

A wrongful death claim is a civil lawsuit. This means that it must be filed by the personal representative or surviving family member directly and that liability in the case is expressed solely in terms of money damages. A wrongful death lawsuit should be handled by an experienced attorney.

It is wise to speak and hire an experienced wrongful death attorney at Demerath Law Office in Omaha, NE, who will determine exactly what damages you are entitled to and help you to win a lawsuit.

What kind of damages are available to collect in a Wrongful Death Lawsuit in Nebraska?

If liability for wrongful death is established in a Nebraska court,  civil damages may be awarded to the estate, the surviving family members, or both. Damages that may be recovered in a Nebraska wrongful death lawsuit include:

Compensation for reasonable funeral and burial expenses.

Medical bills related to the deceased person’s final illness or injury.

Lost compensation, including the value of wages and benefits the deceased would likely have earned, had he or she survived.

Pain and suffering endured by the deceased in his or her final moments.

Loss of care, companionship, comfort, and guidance of the deceased person, and lost value of household services the deceased person performed, like chores, childcare, and repairs.

Statute of Limitation for a Wrongful Death Lawsuit?

A “wrongful death” is one that occurs as the result of the negligence or misconduct of another individual, company or entity. This can include intentional misconduct or neglect, momentary negligence. Having an experienced wrongful death attorney can help you win your claim.
The period of time when you may bring the legal actions based on the fact of death has a name of Statute of Limitation.
The rule in the state of Nebraska is that the Defendant must file the wrongful death lawsuit within two years’ time limit. However, it may be different if the act involves a minor, for example. Or, if the individual with special needs involved into the case.