An Omaha Wrongful Death Lawyer Explains Who Can File a Claim in Nebraska
Being in the position to consider filing a wrongful death lawsuit means having suffered an unexpected loss of unimaginable proportions. Although a successful claim could provide an opportunity to secure compensation and obtain some semblance of justice, family members can’t always take a claim to court by themselves.
Read more to learn how to establish standing in a Nebraska wrongful death claim, or contact the Law Office of Matthew A. Lathrop today to speak to a lawyer and schedule your 100% free consultation as soon as possible.
Filing a Wrongful Death Lawsuit in Nebraska
In Nebraska, a wrongful death lawsuit can be filed if someone dies because of another person’s negligence. However, state law places firm limits on:
- Who can file a wrongful death lawsuit
- Where and when a wrongful death lawsuit can be filed
- What sorts of damages can be recovered through a wrongful death lawsuit
Standing in Nebraska Wrongful Death Claims
The Nebraska Revised Statutes specify that, in most cases, a wrongful death lawsuit can only be filed “by and in the name of the [deceased] person’s personal representative.”
The personal representative, sometimes termed the “executor” or the “estate administrator,” is the individual responsible for initiating probate and distributing the decedent’s assets among heirs and other estate beneficiaries. Executors can be nominated by a last will and testament or appointed by court order.
This does not mean that the personal representative will be entitled to any compensation from a wrongful death settlement or court-ordered award, but it does mean that the personal representative must initiate the lawsuit on behalf of the decedent’s family.
Why Personal Representatives Can’t Wait to Take Action
Personal representatives aren’t usually lawyers. Instead, most executors are friends or relatives of the deceased person. They may be incredibly smart and hardworking, but they rarely have the resources or the experience needed to file, fight, and win a wrongful death lawsuit.
Unfortunately, state law isn’t very forgiving when it comes to filing deadlines.
In general, wrongful death claims must be initiated within two years of the decedent’s date of death. This two-year period of limitation is termed a “statute of limitations.” If the personal representative tries to file a lawsuit after the statute of limitations has lapsed, their case will most likely be dismissed by a court—preventing the estate and the deceased person’s family members from recovering any compensation.
Understanding Damages in Nebraska Wrongful Death Claims
If a wrongful death lawsuit ends with a settlement or a court-ordered award, any resulting damages will be awarded to the deceased person’s surviving relatives or the decedent’s estate.
The most common types of damages include:
- Recompense for funeral fees and burial expenses
- Repayment of the deceased person’s medical bills
- Restitution for lost income, including income the decedent would have earned had they survived their injuries
- Compensation for the loss of the deceased person’s care, companionship, and comfort
- Compensation for the value of lost household services
Personal Representatives Don’t Need to Act Alone: Contact a Nebraska Negligent Death Attorney Today
Although only the decedent’s personal representative has the standing necessary to file a wrongful death lawsuit, executors do not have to represent the estate’s interests without assistance. Instead, personal representatives are permitted, and often encouraged, to exercise their discretion in hiring an attorney.
The Law Office of Matthew A. Lathrop has spent nearly 20 years helping Nebraska families understand and assert their rights after an unexpected and life-altering loss. Our experienced legal team could:
- Investigate the causes of a relative’s accident
- Identify the proper defendants for your claim
- Assess the value of your lawsuit
- Consult expert witnesses to prove causation or determine damages
- File a lawsuit and initiate discovery
- Negotiate with the defendant’s defense attorney and insurance company
- Prepare to take your case to trial
You should never take chances with your family’s rights. If you’ve lost a loved one in an accident that was not their fault, the Law Office of Matthew A. Lathrop could help obtain the compensation that you need and the justice that your loved one deserves.
