How Autopsies Impact Nebraska Wrongful Death Claims
Nebraska only requires autopsies in certain situations. However, even if an autopsy isn’t necessary, the results of an examination could provide the evidence needed to establish fault and win a wrongful death lawsuit. Read more to learn how an autopsy could affect your wrongful death case, or contact the Law Office of Matthew A. Lathrop to speak to a wrongful death lawyer and schedule your free initial consultation.
How an Autopsy Could Strengthen Your Case
You aren’t required to request an autopsy to file a wrongful death claim—and, in most cases, you shouldn’t need to obtain one. However, if there are any lingering doubts about the cause of death, an autopsy may be the only way to make a compelling argument for causation.
Understanding Autopsies
An autopsy is a procedure used to determine the manner and circumstances of a person’s death.
In Nebraska, autopsies are required in cases involving:
- Any person under the age of 19 who dies a sudden death
- Any person who dies in the custody of law enforcement
Autopsies are not typically performed if the cause of death is “apparent,” as the case may be in a car accident. However, families may still request an autopsy. If their request is denied, they may be able to pay out-of-pocket for a private examination.
The Different Types of Autopsies
While autopsies can be performed for many reasons, most autopsies take one of the following forms:
- Forensic autopsy. Forensic autopsies are performed under controlled circumstances by a coroner or a private forensic pathologist. Forensic autopsies determine the “how, when, and where” of an individual’s death.
- Clinical autopsy. A clinical autopsy is performed for medical purposes and may consider how a person’s overall health and preexisting injuries could have contributed to their death.
- Exhumation autopsy. Exhumation autopsies are ordered after an individual has already been buried. These procedures are rare but are sometimes necessary if new evidence is introduced.
What You Need to File a Wrongful Death Lawsuit
Every state sets its own legal procedures.
In Nebraska, the procedure for filing a wrongful death lawsuit rarely requires obtaining an autopsy. However, families must meet other requirements before taking a claim to court.
These requirements include, but are not limited to, the following:
Establishing Your Standing
Everyone seeking to file a wrongful death lawsuit must be able to establish that they have the standing necessary to sue. In a legal context, “standing” simply refers to an individual’s right to petition a court for damages, an injunction, or another remedy.
In Nebraska, the only person who has the standing to file a wrongful death lawsuit is the executor of the decedent’s estate. The executor, sometimes termed the “estate representative” or “personal representative,” is the party responsible for initiating probate, administering the deceased person’s estate, and distributing inheritances. Executors are typically named in a last will and testament, but a court may appoint them if no will existed at the time of death.
Although the executor must file the lawsuit, any compensation awarded will typically go to the decedent’s surviving spouse, children, and other close living relatives.
Presenting a Compelling Cause of Action
Most accidental deaths are tragic, but even tragic deaths cannot always be considered “wrongful” deaths. In Nebraska, a death is only wrongful if it was “caused by the wrongful act, neglect, or default of any person, company, or corporation, and … if death had not ensued, [would] have entitled the person injured to” file a personal injury lawsuit.
In wrongful death claims, causes of action usually relate to acts of negligence, such as:
- Car accidents
- Semi-truck crashes
- Motorcycle collisions
- Criminal assault and other acts of intentional wrongdoing
- Poorly maintained properties, defective amusement park rides, and other premises-related hazards
Proving Your Case
Different wrongful death claims are subject to different legal theories, procedural requirements, and evidentiary standards. However, most cases necessitate being able to prove that:
- The defendant owed your loved one a duty of care
- The defendant breached their duty of care by acting negligently
- The defendant’s breach of the duty of care directly caused your loved one’s death
Establishing each of these three elements could prove unexpectedly difficult.
Even if you have a seemingly open-and-shut case, insurance adjusters and defense attorneys could still disagree on causation. Instead of admitting that their client made a mistake, they could try to blame your loved one’s death on a preexisting condition or other set of factors.
Since wrongful death claims can present high financial stakes for everyone involved, it’s usually best to anticipate these defenses before they come up in court.
