Lincoln Wrongful Death Lawyer

Losing someone you love because of another person’s carelessness changes everything. The grief is immediate. The questions come next: how are you going to handle the medical bills, lost income, and funeral costs? And will anyone be held accountable?

If your family is currently facing this situation in Lincoln or anywhere in Nebraska, Friedman Law Offices can help you understand your legal options and pursue the compensation your family needs.

Since 1962, our Lincoln wrongful death lawyers have represented Nebraska families through some of the most difficult cases imaginable. We take the time to understand what your family has lost, and we fight to make sure the responsible parties are held accountable. Your initial consultation is free, and you pay no attorney’s fee unless we recover money for you.

What Is a Wrongful Death Claim in Nebraska?

Under Nebraska Revised Statute § 30-809, a wrongful death claim arises when a person dies due to the wrongful act, neglect, or default of another person or entity. The key requirement is that the deceased person would have been able to file a personal injury lawsuit had they survived.

A wrongful death case is a civil action, separate from any criminal prosecution. The two processes operate independently. A family can pursue a wrongful death lawsuit even if criminal charges are never filed, and a criminal acquittal does not prevent a civil claim from moving forward. Furthermore, the burden of proof in a civil case is lower than in a criminal case. The family must only show that negligence more likely than not caused the death, not that it was proven beyond a reasonable doubt.

Who Can File a Wrongful Death Lawsuit in Nebraska?

Nebraska handles wrongful death claims differently from many states. Individual family members cannot file a wrongful death lawsuit after the loss of a loved one. Under Nebraska law, only the personal representative of the deceased person’s estate has the authority to bring the claim.

The personal representative is typically someone named in the deceased’s will. If no will exists or no representative was designated, the court appoints one. This is often a surviving spouse, adult child, or parent, but the legal appointment of a personal representative is required before a lawsuit can proceed.

The compensation recovered in a wrongful death case goes to the deceased person’s next of kin in the following order of priority: 

• Surviving spouse and children
• Parents of the deceased, if there are no surviving spouse or children
• Siblings and other relatives of the deceased, if no spouse, children, or parents survive

The court will ultimately decide how any settlement or jury award is distributed among eligible family members, based on each person’s actual financial loss, not simply their relationship to the deceased. 

If you are unsure whether you are eligible to pursue a wrongful death claim or if you need guidance on the personal representative appointment process, our attorneys can walk you through it.

Common Causes of Wrongful Death in Lincoln

Fatal accidents in Lincoln and across Nebraska arise from many types of negligence. The most common wrongful death cases our firm handles often fall into one of the following categories.

Motor Vehicle Accidents

Auto accidents, including motorcycle accidents, are the leading cause of wrongful death claims in Nebraska. In the Lincoln area, Interstate 80 carries heavy commercial truck traffic along the city’s northern edge, and high-volume corridors like O Street, 27th Street, and 48th Street see frequent collisions.

When crashes involve semi-trucks, the severity of injuries increases dramatically. Families of victims killed in these accidents often face complicated claims involving multiple insurance carriers and trucking companies’ huge legal teams.

Medical Malpractice

Lincoln is home to major healthcare facilities, including Bryan Medical Center and CHI Health St. Elizabeth. These institutions provide critical care to accident victims and patients throughout southeast Nebraska. When a healthcare provider’s error—whether a misdiagnosis, surgical mistake, medication error, or failure to monitor—results in a patient’s death, the family may have a medical malpractice wrongful death claim.

These cases are subject to Nebraska’s 2-year medical malpractice statute of limitations and a $2.25 million damage cap under Neb. Rev. Stat. § 44-2825.

Workplace Accidents

Falls on construction sites, industrial equipment failures, and transportation accidents on the job can result in fatal injuries. When a workplace death occurs, the family may be entitled to both workers’ compensation death benefits and a separate wrongful death claim against a negligent third party, depending on the circumstances.

These are distinct legal claims, and having an attorney involved early is important not only to determine whether a third-party claim applies but also to prevent the workers’ compensation insurer from overreaching and claiming the third-party recovery for itself.

Defective Products

Dangerous prescription and OTC drugs, faulty medical devices, defective vehicle components, and unsafe consumer products can cause fatal injuries. Product liability wrongful death claims may involve manufacturers, distributors, or retailers as liable parties.

Pedestrian and Bicycle Accidents

Pedestrians and cyclists are particularly vulnerable in collisions with motor vehicles. Fatal pedestrian accidents are most likely to occur at Lincoln intersections and along busy commercial streets, especially during evening hours and in areas with limited lighting or crosswalk infrastructure.

Nursing Home Abuse and Neglect

When a nursing home resident dies due to neglect, abuse, or inadequate medical care, the family may have a wrongful death claim against the facility. However, hiring an experienced lawyer is important in these cases, as negligent nursing home facilities often try to pass off residents’ deaths as a natural consequence of their age and existing health conditions.

Damages Available in a Nebraska Wrongful Death Case

Nebraska wrongful death law allows the personal representative of the deceased to recover compensation for the surviving family members to account for their financial and relational losses. These damages fall into two broad categories.

Economic damages compensate for measurable financial losses:

• Funeral and burial expenses: Reasonable costs associated with the deceased person’s funeral, burial, or cremation.
• Medical expenses: Costs of medical treatment the deceased received between the injury and death.
• Lost income and earning capacity: The income the deceased would have earned over their remaining working life, including wages, salary, benefits, and projected raises.
• Loss of financial support: The monetary contributions the deceased would have made to the household and dependents.

Non-economic damages compensate for relational losses that are harder to quantify but no less real or impactful: 

• Loss of companionship and society: The value of the deceased person’s presence, guidance, and participation in family life.
• Loss of parental guidance: For minor children, the value of a parent’s mentorship, discipline, moral guidance, and day-to-day involvement over the years ahead.
• Loss of consortium: The surviving spouse’s loss of the marital relationship, including emotional support and partnership.

There is one important limitation families should understand: Nebraska law does not allow a separate recovery for grief or mental anguish. This does not mean your emotional suffering is ignored. It only means that those losses must be addressed through the companionship, society, and consortium categories. 

Nebraska’s Constitution also prohibits punitive damages in civil lawsuits. Regardless of how reckless or egregious the at-fault party’s conduct was in causing your loved one’s death, punitive damages are not available. However, there is no general cap on economic or non-economic damages in wrongful death cases outside of medical malpractice cases.

Compensation your family may receive from other sources (life insurance proceeds, inheritance, or workers’ compensation benefits) is not deducted from a wrongful death recovery.

Nebraska’s Wrongful Death Statute of Limitations

Nebraska imposes a strict 2-year deadline for filing a wrongful death lawsuit, measured from the date of the deceased person’s death. This deadline is set by Neb. Rev. Stat. § 30-810, and courts enforce it with very limited exceptions. If a lawsuit is not filed within two years, the family permanently loses the right to pursue compensation — regardless of how strong the evidence may be.

Two years may seem like a reasonable amount of time, but in reality, building a wrongful death case requires substantial investigation. Evidence needs to be preserved. Witnesses need to be interviewed while their memories are fresh. Accident scenes need to be documented or reconstructed. Medical records need to be obtained and reviewed. Experts may need to be retained to analyze the cause of death, calculate lost earning capacity, or reconstruct the accident. 

When a government entity or government employee is involved in a death, such as a crash with a city vehicle or negligence at a state-run facility, the deadline is even shorter.

The earlier your family consults with an attorney, the more options you preserve.

Frequently Asked Questions

How Long Do I Have to File a Wrongful Death Claim in Nebraska?

You have two years from the date of death to file a wrongful death lawsuit under Neb. Rev. Stat. § 30-810. Missing this deadline bars the claim entirely. If the death resulted from a defective product, the general 4-year statute of limitations may apply, but consulting an attorney early is the safest approach.

Who Qualifies as “Next of Kin” Under Nebraska Wrongful Death Law?

Next of kin follows a statutory priority: surviving spouse and children first, then parents, then siblings, and other relatives as defined by Nebraska inheritance law. The court determines how compensation is distributed based on each person’s actual financial loss from the death.

Can I File a Wrongful Death Lawsuit if There Are No Criminal Charges?

Yes. Criminal cases and civil wrongful death claims are completely separate. A wrongful death lawsuit can proceed regardless of whether criminal charges are filed, and a criminal acquittal does not affect the civil case. The civil standard of proof — preponderance of the evidence — is lower than the criminal standard of beyond a reasonable doubt.

How Is a Wrongful Death Settlement Divided Among Family Members?

The court approves the distribution of any settlement or award among eligible next of kin. Distribution is based on each family member’s demonstrated financial loss, not an automatic equal split. Factors include financial dependence on the deceased, the nature of the relationship, and the expected duration of the loss.

What if Another Attorney Rejected Our Wrongful Death Case?

Contact our firm. Friedman Law Offices has a long history of successfully litigating cases that other attorneys have turned down. Every case deserves careful evaluation, and a rejection from one firm does not mean your family lacks a valid claim. We offer free initial consultations and will give your case honest consideration.

How Much Does It Cost to Hire a Wrongful Death Lawyer?

We handle wrongful death cases on a contingency fee basis. You pay no attorney’s fee unless we recover money for you, and we advance the costs of investigating and litigating your case. Those costs are reimbursed from the recovery. There is no upfront cost to your family.

Talk to a Lincoln Wrongful Death Lawyer at Friedman Law Offices

No legal outcome can undo the loss your family has suffered. But a wrongful death claim can hold the responsible party accountable and provide the financial stability your family needs to move forward.

Friedman Law Offices has been representing Nebraska families from our Lincoln office since 1962. Our attorneys have handled wrongful death cases involving motor vehicle fatalities, medical malpractice, workplace accidents, and dangerous products. We have taken on complex, high-stakes cases through multiple trials and appeals — including cases that other firms turned away. Every case we take gets the individual attention that your family’s situation demands.

If you have lost a loved one due to someone else’s negligence, contact Friedman Law Offices for a free case evaluation. Call 800-876-1093. You pay no attorney’s fee unless we recover money for you.

 The last thing you’re thinking about when dealing with an unexpected death in your family is hiring a lawyer. At Friedman Law Offices we understand that and it’s why we make the process easy for you and your family. We have the expertise and skills to represent your family sensitively and professionally.

After a wrongful death lawsuit has been filed, both parties will begin an investigation into the cause of the death. Insurance companies for the defending party will attempt to minimize the compensation value you may receive. With over 58 years of law experience, we have seen it all and we know how to fight back against the insurance companies. Our team will do everything within the constraints of the law to make sure your family receives the proper compensation for the loss of a loved one.

In the state of Nebraska, a wrongful death lawsuit can be filed up to two years after the accident. If you have lost a loved one due to the actions of another person, contact us as soon as you’re ready. To learn more about the wrongful death legislature, visit the Nebraska Legislature website here!

An initial consultation is free, and we work on a contingency basis, meaning we only get paid if you get paid. This helps take the already insurmountable stress off you and your family.

Phone Number: 800-876-1093