When Does a Death Qualify as “Wrongful” in Nebraska?

Losing someone you love can be horrific, especially if it was the result of an accident that could have been prevented. Not only do the remaining family members have to deal with their pain and suffering from the loss, but they are also left with medical, funeral, and cost of living expenses. Certain criteria can create a scenario in which the passing of a person can be classified as a wrongful death, and legal action can be pursued.

What Is a “Wrongful Death?”

The state of Nebraska classifies a wrongful death as a situation where a person’s negligence or misconduct results in an accident that takes the life of another person. These incidents include but are not limited to auto accidents, workplace injuries, or medical malpractice issues.

From the court’s perspective, if an accident were to transpire and the injured person had the grounds to create a personal injury claim, the accident would be classified as a wrongful death suit assuming the person died rather than lived.

How Can a Claim Be Filed?

A wrongful death claim can only be brought to court by the deceased individual’s legal representative. Unfortunately, a friend or a co-worker cannot bring about a claim; only individuals like a spouse or a parent can begin to file suit.

In order to even attempt to receive any sort of compensation, there is a time limit in which the claim must be filed. In the state of Nebraska, legal representatives have up to two years after the person’s death to begin their claim.

When a wrongful death claim is pursued, it is considered a civil claim with the sole purpose of receiving monetary damages. This differs from a criminal case like a homicide, which is brought to court by an attorney and seeks penalties rather than compensation.

Types of Awards Available

If a wrongful death claim is brought to court, there are a variety of monetary damages that could be realized by the legal representatives. Mentioned previously, there could be compensation for medical bills that lead up to the person’s death, as well as money for funeral expenses.

Additionally, the lawsuit can result in awards for pain and suffering, lost compensation, and loss of companionship and comfort. Multiple factors will be considered by the court when it comes to determining what kinds of awards are appropriate and how much compensation there might be.

Have you lost a loved one due to someone’s negligence and believe you have a wrongful death claim? Contact Inkelaar Law today to discuss the case and determine how much you might be entitled to.

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Written by Inkelaar Law