Chris and James Welsh of Welsh & Welsh
Proudly fighting for the Omaha community for over 65 years.

When Can I File a Wrongful Death Lawsuit in Nebraska?

Published on Dec 27, 2017 at 12:55 pm in Wrongful Death.

man with fowers in hand

When we lose someone we love unexpectedly, our lives turn upside down. It’s a difficult and emotional time. Sometimes, accidents happen, but there are other instances where carelessness leads to an untimely death.

Wrongful death is when the death of a person is caused by the “wrongful act, neglect, or default of any person, company, or corporation.”

The family of the person who wrongfully died can file a wrongful death lawsuit with the help of a wrongful death lawyer. Welsh & Welsh in Omaha, Nebraska has experience in these cases and understand the pain you and your family have.

What Are the Characteristics of a Wrongful Death Lawsuit?  

Wrongful death lawsuits have key elements that need to be present in each case. Your claim of a wrongful death has a better chance of success if the following have happened:

  • Someone has died.
  • Their death was caused by someone else.
  • The other person was negligent or intended to hurt the deceased.
  • The deceased’s family are suffering from the monetary loss.
  • Someone from the deceased’s estate will represent them.

Is There a Time Limit to File a Wrongful Death Suit in Nebraska?

States have different limitations to how long you have to file a wrongful death suit. In Nebraska, the law states that you have up to two years after the death to file a wrongful death suit.

Typically, a close family member is the person to file the wrongful death suit. This could be a spouse, parent, or child.

What Damages Can I Recover?

When you file a wrongful death suit, it’s like you’re filing a personal injury lawsuit on behalf of your loved one. If they had sustained injuries and lived, they would be able to file for damages. You can recover those damages because they passed.

  • Funeral Expenses. You can get compensation that covers funeral and burial expenses.
  • Medical Expenses. Your loved one might have spent time in the hospital due to an illness or injury.
  • Pain and Suffering. You can recover damages if your loved one’s injury or illness caused pain.
  • Loss. This can be for your loss of someone important and loss of someone who helped you in your every day life, like taking care of children or helping run a household.

While the recovered damages won’t bring back your loved one, it will help you face the future on more stable ground. You’ll also have peace of mind that you fought for your loved one’s rights.

If you have lost a loved one because of someone else’s negligence, you’re probably going through a confusing and emotional time. It’s important to remember that you’re not alone, and there are people who want to help you.

If you stand up for your loved one and yourself, you might affect more families than your own. When people are held accountable for their actions, whether it’s a manufacturer or a corporation, it could change their behavior in the future. After seeing how their actions impacted your family, they could implement changes to their behavior or business practices to make sure this never happens again.

Because a wrongful death claim has timely limitations, it’s best to contact us as soon as possible. Don’t want another day. Call us now for a free consultation at (402) 384-8160. We’ll discuss your case and help you figure out what the best course of action is for you.