Right now, you are grieving, and you may have a lot of questions. Why did this happen? Should my family file a lawsuit, and what can we recover if we do?
You can file a wrongful death lawsuit in Nebraska if your loved one died due to someone else’s negligence and your family sustained damages. In a legal context, “damages” refers to compensation for different types of hardship, loss, and suffering. Damages can provide compensation both for economic injuries and non-economic losses.
Read more to learn about wrongful death damages in Nebraska, or send the Law Office of Matthew A. Lathrop a message online to speak to an attorney and schedule your 100% free, no-obligation consultation as soon as possible.
Types of Wrongful Death Damages
A negotiated settlement or court verdict may include the following types of wrongful death damages:
Economic Damages
Your economic damages are compensation for quantifiable financial losses, like the money you spent on a close relative’s end-of-life care or the cost of their funeral, burial, or cremation. Economic damages can usually be verified with receipts or through mathematical calculations. They can include expenses your family has already incurred and expects to incur.
Non-Economic Damages
Non-economic damages are comparatively subjective. Instead of compensating financial loss, non-economic damages are intended to provide relief from more abstract forms of hardship, such as the loss of a parent or spouse’s companionship and comfort.
The Most Common Wrongful Death Damages
Every wrongful death lawsuit filed in Nebraska must request relief in the form of damages.
Although every claim is different, most wrongful death lawsuits seek a combination of economic and non-economic damages. Depending on the circumstances of your case, you could receive damages including, but not limited to, the following:
- Medical bills caused by the deceased person’s accident-related injury or illness
- Reasonable expenses for a funeral, burial, or cremation
- The loss of the deceased person’s income, including income they would have earned had they survived their injuries
- The loss of the decedent’s care, comfort, and companionship
- The loss of the decedent’s household services
If a wrongful death lawsuit ends with a settlement or court-ordered award, damages will typically be distributed in accordance with Nebraska’s rules for intestate succession.
How Damages Are Calculated in Nebraska Wrongful Death Cases
When calculating damages in a wrongful death case, your attorney may work with various experts to determine the full extent of your family's losses. These experts often include:
- Economists who can calculate the value of lost future income and benefits
- Medical experts who can explain how injuries led to death and whether proper care could have prevented it
- Life care planning specialists who help determine the value of lost household services and parental guidance
Gathering and preserving evidence of damages early in the case is essential. This may include:
- Medical records and bills
- Pay stubs and tax returns
- Photos and videos showing family relationships
- Written records of funeral and burial expenses
- Documentation of counseling or therapy needed by surviving family members
The more thoroughly these losses are documented, the better positioned your attorney will be to negotiate a fair settlement or present a compelling case at trial.
The Distribution of Damages in a Wrongful Death Claim
Nebraska’s rules of intestate succession are detailed in NE Code §§ 30-2301 to 30-2305.
In Nebraska, intestate succession almost always prioritizes the deceased person’s next-of-kin and other close, living relatives. Spouses are typically given preference, but other heirs—like children—may be statutorily entitled to a share of damages.
Here are several examples of how damages could be distributed:
- Surviving spouse with no children. If the deceased person is survived only by a spouse, then the spouse will receive the entire settlement.
- Surviving spouse and surviving parents. If a spouse and parents survive the deceased person but there are no children, then the settlement will be shared by the spouse and the parents.
- Surviving spouse and children. If the deceased person had a spouse and children, then the spouse and children will share the settlement.
- Surviving children. If the decedent was not married but had children, then the entire award will be distributed to and among their surviving children.
- No surviving spouse, children, or parents. If the deceased person had no close living relatives, then their siblings and other next-of-kin may be entitled to damages.
Although state laws prioritize close surviving relatives, an accident victim’s surviving spouse and children cannot typically initiate a wrongful death lawsuit by themselves. Instead, claims must be filed by the deceased person’s executor on behalf of their estate.
