402-999-9000
The sudden and unexpected loss of a loved one can be emotionally devastating, particularly when it occurs due to the negligence or wrongful actions of another individual. In the state of Nebraska, amidst the turmoil of such circumstances, there is a legal avenue for seeking recourse and accountability through a wrongful death lawsuit. But, who can file a wrongful death lawsuit?
Each case is unique, and the specifics of legal standing can vary based on individual circumstances. A seasoned lawyer can provide invaluable insights about your rights and options under Nebraska law. When they clearly understand legal standing and the potential avenues for pursuing justice, grieving families can take proactive steps toward the closure and compensation they deserve.
What Is a Wrongful Death Lawsuit?
In Nebraska law, a wrongful death lawsuit is a legal action brought by the surviving family members of a person who died due to another party’s negligence, recklessness, or intentional actions. The purpose of a wrongful death claim is to obtain financial compensation for the losses suffered by the deceased’s family, such as:
- Medical bills incurred during their final illness or injury
- Funeral and burial expenses associated with laying them to rest
- Lost income and benefits they would have likely earned throughout their expected lifespan
- Loss of companionship, guidance, and support the family experienced due to their absence
- Pain and suffering they endured before their death
Who Can Sue for Wrongful Death in Nebraska?
Who can bring a wrongful death claim? In Nebraska, the representative of the deceased’s estate is the person responsible for filing a wrongful death lawsuit. The personal representative, the executor, is typically named in the deceased’s will. If there is no will available, the probate court judge will appoint a personal representative. This is also true if the named personal representative is unable or unwilling to serve.
While the personal representative is the one who files the lawsuit, they do so on behalf of the deceased’s surviving spouse and next of kin. In Nebraska, the following individuals may be entitled to compensation in a wrongful death case:
- The surviving spouse
- The deceased’s children
- The deceased’s parents, if there is no surviving spouse or children
- The deceased’s siblings, if there is no surviving spouse, children, or parents
In some cases, other family members may be entitled to compensation. Grandparents or grandchildren can get compensation if they demonstrate that they suffered financially due to the deceased’s death.
How to File a Wrongful Death Lawsuit in Nebraska
Don’t know how to file a wrongful death claim? Filing a wrongful death lawsuit in Nebraska involves several steps:
- Appointing a personal representative: If the deceased had a will naming a personal representative, that person would be responsible for filing the lawsuit. Otherwise, the court will appoint one.
- Gathering evidence: The personal representative and their attorney will gather evidence to support the wrongful death claim. This may include medical records, police reports, witness statements, and expert testimony.
- Identifying the responsible parties: The personal representative and their attorney will identify the individuals or entities responsible for the deceased’s death. This may include individuals, businesses, or government agencies.
- Filing the lawsuit: The lawyer will file a wrongful death lawsuit, typically in the county where the death occurred or where the responsible parties reside.
- Negotiating a settlement or going to trial: Many wrongful death cases are resolved through negotiation. This is done between the personal representative’s attorney and the responsible parties’ insurance companies or legal representatives. The case may proceed to trial if you cannot agree on a wrongful death settlement.
Can You Sue on Behalf of a Family Member in Nebraska?
Can a sibling sue for wrongful death? In Nebraska, the law limits who can file a wrongful death lawsuit. The responsibility falls to the personal representative of the deceased’s estate. This person acts on behalf of the surviving family members, with a legal obligation to pursue the lawsuit in their best interests.
If you are a surviving family member and believe that you have a valid claim, reach out to an experienced attorney.
How Mueller Schmidt Mulholland & Cooling Can Help with Your Wrongful Death Claim
At Mueller Schmidt Mulholland & Cooling, we understand the emotional and financial difficulties families face following the loss of a loved one due to someone else’s negligence or wrongdoing. Our compassionate and experienced Omaha wrongful death attorneys dedicate themselves to helping families seek the justice and compensation they deserve.
Don’t hesitate to reach out to us for help during this difficult time before filing a claim. Our team of wrongful death lawyers is here to support you and your family every step of the way. Call or contact us online to learn more about how our firm can help with your wrongful death suit in Nebraska.
Related Posts:
Categories
Providing Unmatched EXPERIENCE On Your Case When you find yourself in a situation where you’ve been treated unfairly or you’re in the middle of a legal disagreement, it can be difficult to know what your rights are and how to proceed.
