The Law Office of Matthew A. Lathrop Makes Sense of Nebraska’s Rules on Wrongful Death Damage Distribution
Wrongful death lawsuits are often about more than money. Yet, the damages negotiated in a settlement or awarded by a Nebraska court can make a world of difference for families struggling to retain their financial independence after a tragic accident.
Learn how compensation is divided after a successful wrongful death claim, or contact the Law Office of Matthew A. Lathrop today to speak to a lawyer and find out how our firm could help your family obtain justice.
Nebraska’s Rules of Intestate Succession for Wrongful Death Damages
Nebraska’s rules of intestate succession are detailed by NE Code §§ 30-2301 to 30-2305.
Under these rules, the apportionment of wrongful death damages depends almost exclusively on the deceased person’s family characteristics. The law can be complicated, but generally:
If There Is a Surviving Spouse
The surviving spouse is the first person to receive money in a wrongful death case. If there are no surviving children or parents, the surviving spouse gets the entire settlement or court award.
However, if there is a surviving spouse and:
- Surviving children, the children share in the wrongful death settlement
- Surviving parents but no surviving children, the surviving spouse shares the settlement with the parents
If There Is Not a Surviving Spouse
If the decedent was not married at the time of death, the wrongful death damages go to:
- Surviving children
- If there are no surviving children, then the money goes to the surviving parents
- If there are no surviving children or parents, then the money goes to surviving siblings
- If there are no surviving children, parents, or siblings, then the money goes to surviving grandparents
If the person dies with none of the above relatives surviving them, then the wrongful death damages go to the decedent’s next of kin.
An Overview of Damages in a Nebraska Wrongful Death Claim
In Nebraska, damages in wrongful death cases are typically categorized into two main types: economic and non-economic. Understanding these categories is crucial for families seeking justice and compensation after the loss of a loved one.
Economic Damages
Economic damages represent the quantifiable financial losses resulting from the wrongful death. These damages are typically easier to calculate and may include:
- Medical expenses. This includes health care costs incurred for the deceased's medical treatment before death, including hospital stays, surgeries, medications, and emergency services.
- Funeral and burial expenses. All costs associated with the funeral service, burial or cremation, and related expenses such as caskets, urns, or grave markers may be part of a wrongful death recovery.
- Lost income. The projected income the deceased would have earned over their lifetime, including salary increases, bonuses, other work-related benefits like health insurance or pension contributions, and self-employment income, should be included in your family’s financial recovery.
- Loss of household services. The monetary value of services the deceased regularly provided, such as childcare, home maintenance, or financial management, may also be included in the settlement.
Noneconomic Damages
Noneconomic damages are more subjective and often more challenging to quantify. These damages compensate for the intangible losses suffered by the surviving family members and may include:
- Pain and suffering of the deceased from the time of the accident until the time of death
- Loss of consortium for the surviving spouse
- Emotional distress, loss of society, and loss of companionship of the surviving family members
It's important to note that Nebraska law does not typically impose caps or limits on damages recoverable in wrongful death claims. This means that the amount of compensation can be determined based on the specific circumstances of each case and the extent of the losses suffered.
However, you cannot afford to wait too long to take action: Nebraska, like every state, has a strict statute of limitations. If you delay, the statute of limitations could lapse, and you could lose your right to make a fair recovery before you ever file a lawsuit.
How to Determine if You Can File a Wrongful Death Lawsuit
In Nebraska, a “wrongful death” is defined as any death “caused by the wrongful act, neglect, or default” of another person or party. In most cases, and with few exceptions, a wrongful death lawsuit can be filed if the victim would have been entitled to file a personal injury claim to court had they survived their injuries.
However, state law places firm limitations on who can—and cannot—initiate a wrongful death action.