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.
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Nebraska’s Intestate Succession Rules for Wrongful Death Damages Distribution
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:
Wrongful Death Damages Distribution to Surviving Spouses
If a person dies due to wrongful death, their surviving spouse is typically the first to receive compensation. The distribution of the settlement or court award depends on the presence of surviving children and parents:
- Surviving Spouse Only: If there are no surviving children or parents, the spouse receives the entire settlement.
- Surviving Spouse and Children: If there are surviving children, they share the settlement with the spouse.
- Surviving Spouse and Parents (No Children): If there are surviving parents but no children, the spouse shares the settlement with the parents.
Wrongful Death Damages Distribution When There’s No Surviving Spouse
If the person who died (the decedent) was not married at the time of death, the wrongful death damages are distributed in the following order:
- Surviving Children: The damages go to the surviving children.
- No Children: If there are no surviving children, the damages go to the surviving parents.
- No Children or Parents: If there are no surviving children or parents, the damages go to the surviving siblings.
- No Children, Parents, or Siblings: If there are no surviving children, parents, or siblings, the damages go to the surviving grandparents.
- No Relatives: If the person dies with no surviving relatives, the damages go to the decedent's next of kin.
Types of Wrongful Death Damage Claims in Nebraska
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.
1. 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.
2. 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.
Who Can File a Wrongful Death Lawsuit in Nebraska?
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.