Who Can Collect Wrongful Death Damages?

October 30, 2017 Personal Injury

When a person dies due to the negligence or misconduct of another party, the victim’s family can bring a claim for wrongful death.

Certainly, we cannot possibly put a monetary value on the life of a lost loved one. Financial compensation in a wrongful death claim is not meant to make up for the premature loss of a loved one, it is designed to help with expenses and financial losses. Also, a jury verdict or settlement in a wrongful death case may serve as a symbol of the importance of the lost person to our community and serves to reassure the family as to the value of their lost loved one.

Nebraska Wrongful Death Law

Under the Nebraska Revised Statute, a wrongful death action “shall be brought by and in the name of the person’s personal representative for the exclusive benefit of the widow or widower and next of kin.” Neb. Rev. Stat. § 30-810.

In Nebraska, a spouse, children, parents of the deceased, or financial dependents of a wrongful death victim may be eligible to recover damages.

Wrongful Death Damages

The damages that may be recovered in a Nebraska wrongful death action may include:

  • Medical bills of the deceased related to the injury.
  • Compensation for lost compensation, including the value of lost wages and lost benefits the deceased would likely have earned.
  • Pain and suffering endured by the deceased due to the injuries.
  • Compensation for funeral and burial expenses.
  • Loss of companionship, society, and comfort.

Proving liability and the resulting monetary damages requires skill. Our attorneys will personally conduct an investigation into the circumstances of your loved one’s death, documenting facts, interviewing witnesses, and gathering all other necessary evidence.

Limited Timeframe to Bring A Wrongful Death Action

After the loss of a loved one, you’re focused on grieving and it can be difficult to think about the legal rights you may have. But it’s important to know that you have a limited time to file a wrongful death claim. Under Nebraska law a wrongful death lawsuit must be brought within two years after death.

If the statute of limitations passes, you will be unable to seek justice on your loved one’s behalf. The statute of limitations applies regardless of how egregious the conduct was of the party who caused the death of your loved one.

Speak With a Wrongful Death Attorney As Soon As Possible

Wrongful death is an intricate area of law, and proving a wrongful death claim can be difficult. It is important to have an experienced attorney on your side because insurance companies will fight to limit the financial compensation that survivors deserve.

If your loved one was killed as the result of someone else’s negligence, you need to speak with an attorney as soon as possible. We understand that it is a difficult time and that you may not feel up to being a participant in the legal process, but you have limited time to file a claim. Our Omaha wrongful death lawyers are known for providing effective, compassionate and caring legal service for clients filing wrongful death actions.

Feel free to contact our firm to schedule a free personal injury case consultation to discuss wrongful death. We are strong and compassionate advocates for our clients. Get to know our attorneys and paralegals here.

Matthew G. Miller serves clients throughout Eastern Nebraska and parts of Western Iowa including Douglas County, Sarpy County, Lancaster County, and Pottawattamie County, as well as the cities of Omaha, Lincoln, Bellevue, Papillion, Fremont, Blair, Elkhorn, and Council Bluffs.