Lost a Loved One Due to Someone Else’s Negligence?

Nothing in this guide is more urgent than your own wellbeing and your family’s. Grief doesn’t follow a schedule, and the legal process will wait for you to be ready. There are deadlines you’ll need to meet — we’ll cover those — but none of them require you to act today or this week.

That said, a few practical things become time-sensitive in the weeks after a death. Securing the death certificate, arranging the funeral, and notifying insurance companies all need to happen relatively soon. If your loved one died in an accident, request the police report and any hospital records from the final treatment now, while they’re still easily accessible.

If you’re overwhelmed and don’t know where to start legally, that’s okay. Reading this page is a reasonable first step. The rest can happen when you’re ready.

A wrongful death claim exists when someone dies because of another party’s wrongful act, neglect, or default — and the person who died would have had the right to file a personal injury lawsuit if they had survived (Neb. Rev. Stat. § 30-809).

In plain terms: if the death was caused by something that would have been grounds for a lawsuit had the person lived, the family can pursue a wrongful death claim instead. The legal theory is the same — negligence, recklessness, or intentional harm — but the claim belongs to the survivors rather than the person who was injured.

Wrongful death claims in Omaha most commonly arise from fatal car, truck, and motorcycle crashes on corridors like I-80, the I-80/I-680 interchange, 72nd and Dodge, and the five-way junction at 132nd/L Street. But they also come from medical malpractice at Omaha’s hospitals, fatal workplace accidents in construction and meatpacking, dangerous property conditions, and defective products. The common thread is that someone else’s failure caused a death that didn’t have to happen.

Nebraska has a specific rule about who can bring a wrongful death lawsuit. Under Neb. Rev. Stat. § 30-810, only the personal representative of the deceased’s estate can file the action.

The personal representative is the executor named in the will, or an administrator appointed by the court if there’s no will. They file the claim on behalf of the beneficiaries — the widow or widower and next of kin.

The action is brought for the “exclusive benefit of the widow or widower and next of kin.” Damages are distributed among these beneficiaries in proportion to each person’s pecuniary loss relative to the total pecuniary loss. A close family member who depended heavily on the deceased will typically receive a larger share than a distant relative.

If there’s no will, the Douglas County Court’s probate division will appoint an administrator — usually the surviving spouse, an adult child, or another close family member. This appointment must happen before the wrongful death lawsuit can proceed.

The statute of limitations for wrongful death in Nebraska is 2 years from the date of death (Neb. Rev. Stat. § 30-810). Two years. Not four.

This is significantly shorter than Nebraska’s 4-year statute of limitations for personal injury claims (Neb. Rev. Stat. § 25-207). Families who know about the 4-year personal injury deadline sometimes assume wrongful death works the same way. It doesn’t. The 2-year clock starts ticking on the date of death, and courts enforce it strictly.

For claims against government entities — a city vehicle, a county road defect, a state employee — you may need to file a notice of claim within an even shorter window under the Nebraska Political Subdivisions Tort Claims Act (Neb. Rev. Stat. § 13-919). Missing that deadline can eliminate your right to sue the government entity entirely.

These deadlines are firm. Courts enforce them even when the claim is strong and the family’s loss is devastating. Don’t assume you have plenty of time. Grief slows everything down, and two years passes fast.

Nebraska’s wrongful death statute allows recovery for the pecuniary loss suffered by the surviving spouse and next of kin. “Pecuniary loss” in Nebraska includes both economic and noneconomic components.

Economic damages include the medical expenses from the final injury or illness that led to death, funeral and burial costs, and the lost financial support the deceased would have provided — wages, benefits, pension contributions, and the financial value of household services they performed. Calculating lost future income often requires an economist to project what the person would have earned over the rest of their working life.

Noneconomic damages cover the loss of society, comfort, and companionship the surviving family members have been deprived of. Unlike Wisconsin or some other states, Nebraska does not impose a statutory cap on noneconomic damages in standard wrongful death cases. The $2.25 million cap under the Nebraska Hospital-Medical Liability Act applies only to medical malpractice claims.

Punitive damages may be available in Nebraska wrongful death cases involving egregious conduct — unlike some states that bar them entirely. This can matter in cases involving drunk driving, extreme recklessness, or intentional acts.

Nebraska’s modified comparative negligence rule (Neb. Rev. Stat. § 25-21,185.09) applies to wrongful death claims. If the deceased person was partially at fault for the incident that killed them, damages are reduced by their percentage of fault.

Here’s the critical part: Nebraska uses a 50% bar, which is stricter than many states. If the deceased is found 50% or more at fault, the family recovers nothing. In a state with a 51% bar, a 50/50 split still allows some recovery. In Nebraska, 50/50 means zero.

This makes the investigation into what happened critically important. Police reports, witness statements, accident reconstruction, toxicology results, and expert testimony all shape the fault determination. The defense will look hard for ways to blame the person who died — because they can’t tell their side of the story. Solid evidence and experienced legal representation are what prevent that from happening.

A wrongful death lawsuit can’t move forward until someone is formally appointed as the personal representative of the estate. This is the person legally authorized to file the claim and manage the legal process on behalf of the beneficiaries.

If the deceased had a will, it likely names an executor. That person petitions the Douglas County Court’s probate division for formal appointment. If there’s no will, the court appoints an administrator — usually the surviving spouse, an adult child, or another close family member.

The personal representative has real duties: filing court documents, managing settlement funds, and distributing any recovery to beneficiaries in proportion to each person’s pecuniary loss. If there’s a dispute among family members about who should serve, the court resolves it.

Don’t delay this step. The 2-year statute of limitations runs from the date of death regardless of whether a personal representative has been appointed. If the deadline passes before someone is authorized to file, the claim may be lost.

Wrongful death cases are among the most complex and high-stakes claims in personal injury law. They involve detailed economic projections, expert testimony, contested liability, and Nebraska’s specific rules about who can file, what they can recover, and how the money gets distributed.

The at-fault party’s insurance company will have lawyers working from day one to minimize the payout. Your family needs someone working just as hard on the other side.

Most wrongful death attorneys in Nebraska work on contingency — no upfront cost, and they only collect if the family recovers compensation. A free consultation helps you understand whether you have a viable claim, who should file, which deadlines apply, and what the case might be worth.

There’s no right time to call. Some families reach out within days. Others wait months. Both are fine. The critical thing is to be aware of the 2-year deadline and not let it expire while you’re still deciding.