Wrongful death is a legal liability claim or cause of action that may be made in a civil lawsuit (noncriminal case) for money damages against a person or entity whose negligence or intentional act wrongfully caused the death of the deceased person (the decedent).
Wrongful death claims may allow a deceased tort victim’s estate, surviving parents, children, and spouse to recover damages for their losses from the victim’s death.
Laws regarding wrongful death claims vary from state to state. In many states the legislature has enacted statutes (laws) governing any recovery for wrongful death. And in some states the law regarding recovery for wrongful death may be located in the state’s court opinions (also known as case law, common law, or judicial decisions).
In Nebraska, wrongful death claims are governed by the Nebraska Revised Statutes, specifically under sections 30-809 to 30-810. These statutes allow the personal representative of the deceased person's estate to file a wrongful death claim. The claim can seek compensation for damages such as medical expenses, funeral costs, loss of future earnings, and loss of companionship. The beneficiaries of the claim can include the surviving spouse, children, and in some cases, parents or siblings of the deceased. Nebraska law also imposes a statute of limitations for wrongful death claims, which is generally two years from the date of the individual's death. It is important for those considering a wrongful death claim in Nebraska to consult with an attorney to understand the specific nuances of the state's laws and how they may apply to their situation.