The death of a loved one is a heartbreaking experience, but it can be more traumatic when it happens because of someone else’s negligence or intentional wrongdoing. Families can pursue compensation for wrongful death, and Nebraska has specific laws that outline the potential damages they can receive. In this blog post, we will discuss the elements required to prove a wrongful death case and the types of damages survivors can receive in Nebraska.
What are the elements in a wrongful death case?
To prove a person has been wrongfully killed, some essential elements must be present. Based on Nebraska’s Revised Statute § 30-809, a wrongful death claim can be brought in any situation where the deceased would have been able to sue had they survived their injuries. The following elements must be present in a wrongful death claim:
– The defendant owed your loved one a duty of care;
– The defendant’s negligence constitutes a breach of that duty;
– Your loved one’s death was caused by the defendant’s negligence; and
– Your family suffered damages as a result of the wrongful death.
What damages are survivors entitled to in Nebraska wrongful death cases?
In Nebraska, damages awarded for wrongful death claims cover several expenses and losses, including:
– Funeral expenses: The cost of the funeral and burial arrangements is a recoverable expense.
– Medical bills: If your loved one received medical treatment before passing away, the medical bills incurred can be included in the damages.
– Lost financial support: If the deceased was the family’s primary breadwinner, the surviving spouse and children can recover lost financial support.
– Loss of care and companionship: The family members can recover a monetary amount for the loss of their loved one’s care and companionship.
– Value of household services: If the deceased was responsible for household services like cooking, cleaning, and maintenance, surviving family members can recover damages for the loss of those services.
What is the statute of limitations for a wrongful death claim in Nebraska?
It’s important to remember that the surviving family members need to file the lawsuit within the statute of limitations to recover damages. The statute of limitations for most wrongful death cases in Nebraska is two years from the date of death. However, specific deadlines apply to medical malpractice and product liability cases, and failure to file within the time limit can result in the case being barred from court. It’s crucial to consult an experienced wrongful death attorney as soon as possible to ensure compliance with the statute of limitations.
Representation for Wrongful Death Victims and Their Families
It’s never easy to lose a loved one. But when it happens due to someone else’s carelessness or negligence, it’s the family’s right to seek compensation for wrongful death. If you’re facing a wrongful death case, it’s crucial to consult with an experienced attorney who can guide you through the process and help you receive the compensation you are entitled to under Nebraska’s law. For more information contact Friedman Law Offices at +1 800-876-1093.
Sources:
https://www.nolo.com/legal-encyclopedia/wrongful-death-lawsuits-nebraska.html https://www.hauptman-obrien.net/blog/how-do-you-prove-wrongful-death/ https://casetext.com/statute/revised-statutes-of-nebraska/chapter-30-decedents-estates-protection-of-persons-and-property/article-8-wrongful-death-actions/section-30-809-wrongful-death-action-authorized