What Is the Process of Filing a Wrongful Death Case in Nebraska?

If you have suffered the tragic loss of a loved one, your family may be entitled to financial compensation through a wrongful death claim. The emotional and financial impact of a loved one’s death can be overwhelming, and seeking compensation through legal claims can help alleviate some of these burdens.

The legal process required to file this type of lawsuit in Nebraska can be complicated and may require assistance from an experienced wrongful death attorney in Omaha. Although each case is unique, an attorney from Knowles Law Firm can help you navigate your claim with confidence. We’ll explain each general step and provide guidance so you make the decisions that work best for your family. When you work with us, you receive a free consultation and our team works on contingency, meaning you don’t pay until we win.

What is a Wrongful Death Claim?

Wrongful death is a legal term that refers to a death caused by the negligent, reckless, or intentional actions of another party. In Nebraska, wrongful death encompasses the death of a person or fetus resulting from a wrongful act, neglect, or default. Such tragic events can occur in various scenarios, including car accidents, medical malpractice, defective products, and workplace incidents.

Understanding the concept of wrongful death is crucial for families who have lost a loved one due to someone else’s actions, as it forms the basis for seeking justice and financial compensation through a wrongful death claim.

Determine if You Have a Case

According to Nebraska Revised Statute, Section 30-809, a legal action can be brought for the death of a person (including an unborn child in utero) if it was caused by the wrongful act, neglect, or default of any person, company, or corporation. The law goes on to say that if the victim would have been entitled to maintain an action and recover damages had his or her injuries not been fatal, a wrongful death claim can typically be filed. Any damages awarded in these cases are typically directed to the surviving spouse and next of kin.

Understanding the implications of a person’s death in filing claims within statutory time limits is crucial. The first step is determining whether you have grounds to file a wrongful death case in Nebraska. The best way to do this is by contacting a law firm to request a free case evaluation from an attorney. You will tell the story of what happened to your loved one and a knowledgeable attorney will let you know if your case has merit. If so, the law firm can conduct an in-depth investigation to get to the bottom of who or what caused the fatal injury or illness.

Consulting an Experienced Wrongful Death Lawyer

Consulting an experienced wrongful death lawyer is essential for families considering filing a wrongful death lawsuit. An experienced wrongful death attorney can provide invaluable guidance, support, and representation throughout the legal process. They can help families navigate the complex legal system, gather evidence, and build a strong case to prove wrongful death.

Additionally, a wrongful death lawyer can assist in determining the value of the claim and negotiating a fair settlement. Having a knowledgeable attorney by your side ensures that your family’s rights are protected and that you receive the compensation you deserve.

Identify the Personal Representative

A wrongful death case uses an entirely different legal process than a criminal case against the defendant for murder, manslaughter, or homicide. A prosecutor files a criminal case, while filing a wrongful death claim is the responsibility of the deceased individual’s (decedent’s) personal representative.

Only the personal representative has the legal authority to file a wrongful death lawsuit under certain jurisdictions. This representative is also referred to as the executor or administrator of the estate. The decedent might have named a personal representative in his or her will. 

Typically, the deceased’s surviving spouse, parents, or children have the right to file as a personal representative. If not, the courts will appoint one, and this person will be responsible for filing the wrongful death claim.

File the Required Paperwork

The personal representative will need to obtain and fill out the required paperwork to initiate a claim.

Your wrongful death lawsuit may start with a simple demand letter submitted to an insurance company. A demand letter asks for a specific sum of money to resolve the legal dispute. This may be enough to reach a satisfactory settlement with an insurance company. If not, the personal representative will file a lawsuit with the civil courthouse in the county where the decedent lived (and pay the filing fee).

Investigation and Case Evaluation

An experienced wrongful death lawyer will conduct a thorough investigation into the circumstances surrounding the deceased person’s death. This may involve gathering evidence, interviewing witnesses, and consulting with experts to build a strong case.

The lawyer will also evaluate the case to determine the strength of the claim and the potential value of the damages. This comprehensive evaluation helps families make informed decisions about their case and determine the best course of action. By meticulously examining every detail, a wrongful death lawyer can effectively advocate for justice on behalf of the deceased person’s estate.

Meet Nebraska’s Filing Deadline

In Nebraska, a wrongful death claim must be filed with the courts no later than two years after the date of the deceased individual’s death. This is the statute of limitations, and it is a strict law with only a few exceptions.

For the most part, if a wrongful death lawsuit is filed after two years have passed from the date of the victim’s death, the courts will bar the personal representative from pursuing financial compensation.

Recoverable Damages in a Wrongful Death Case

In a successful wrongful death case, families may be entitled to recover various types of damages. These damages can include compensation for medical expenses incurred before the loved one’s death, funeral and burial costs, and lost wages. Additionally, families may be entitled to recover damages for the loss of future earnings, loss of companionship and society, and pain and suffering.

The specific types and amounts of damages that can be recovered will depend on the circumstances of the case and the applicable laws. Understanding the potential recoverable damages helps families seek the full compensation they deserve for their profound loss.

Negotiate a Settlement or Go to Trial

Most wrongful death lawsuits in Nebraska are complex legal matters that often reach settlements, or agreements made between the defendant’s insurance company and the personal representative of the estate. It is important, however, not to rush to accept a fast settlement. Insurance companies are known for trying to take advantage of claimants. Make sure a settlement fully reimburses your family for all of its losses – including funeral and burial costs, medical bills, lost earnings, and pain and suffering – before signing anything.

A Nebraska wrongful death attorney can help you negotiate a fair and full settlement with an insurance provider. If the insurance company refuses to treat you fairly, however, your lawyer can take your case to court in Omaha to demand justice and maximum financial compensation.

Knowles Law Firm Can Help You Navigate Your Wrongful Death Case

Filing a wrongful death claim can be overwhelming, but you don’t have to go through it alone. We at Knowles Law Firm have spent decades helping families in Nebraska seek justice after losing someone to another party’s negligence. Our team understands the emotional and financial toll these cases take, and we work tirelessly to secure the compensation you deserve. From identifying the personal representative to negotiating a settlement or taking your case to trial, we handle every step with diligence and care.

With more than 55 years of experience and a history of multi-million dollar settlements, we know how to build strong cases and fight for our clients. You deserve representation that prioritizes your family’s future while allowing you the time to grieve. Contact us for a free consultation at (402) 431-9000 or through our contact form.