Who Can File a Wrongful Death Lawsuit in Nebraska? 3 FAQs Answered by an Omaha Accident Attorney
Losing a family member is one of life’s most traumatic experiences. The sense of loss can linger for months – and longer still if it’s tinged with the kind of regret, frustration and even anger that comes with knowing your loved one died too soon.
A surprising number of people are killed every year in situations beyond their control. Statistics from the Centers for Disease Control and Prevention show that 130,557 people died after sustaining fatal yet unintentional injuries in 2011 – which makes accidents the fourth leading cause of death in the United States.
If a person dies due to someone else’s negligence or malicious act, a personal representative of the deceased can file a wrongful death claim. The liable party may have to pay damages including but not limited to lost income, medical bills, loss of inheritance, and burial and funeral costs.
If a member of your family died due to someone else’s negligence, contact a personal-injury lawyer from Rensch & Rensch Law. An Omaha accident attorney will evaluate your case to determine if you have grounds for a wrongful death claim.
Our lawyers have more than 45 years of combined legal experience. Call 1-800-471-4100 to schedule a free initial consultation. You can learn more about wrongful death lawsuits in Nebraska by visiting USAttorneys.com.
Here are the answers to three FAQs about wrongful death:
- Who Can File a Wrongful Death Lawsuit in Nebraska?
Because the court will hear your action as a personal-injury lawsuit in which the injured party has passed away, it often falls to the surviving family members to present the case. The law states that only a legal representative may file a wrongful death claim. This representative is usually a close family member of the deceased such as the surviving spouse, parent or child.
- What Damages Can I Claim in a Wrongful Death Suit?
Depending on the facts of your case, the defendant may be liable for the following damages:
- Medical bills;
- Lost wages and benefits, including future loss of wages and benefits;
- Funeral and burial expenses;
- Pain and suffering of the deceased;
- And loss of care, companionship and household services.
- What Is the Statute of Limitations for Wrongful Death Lawsuits in Nebraska?
Revised Statute 30-809 states that a resident of Nebraska may file a wrongful death claim within two years of the death of a family member. These claims often happen at the same time as criminal proceedings related to the same accident. However, the outcome of the criminal proceedings does not necessarily affect the outcome of the civil case.
If you lost a family member due to someone else’s negligence or malicious act, then you may have grounds for a wrongful death claim. Contact an accident attorney from Rensch & Rensch Law to discuss your case.
An Omaha personal-injury lawyer will help you navigate the claims process and will litigate your case if it goes to trial. Call 1-800-471-4100 to schedule a free initial consultation.
