Providing Compassionate Support for Families in Nebraska
The compassionate attorneys at Burnett Legal Group represent individuals and families who have lost a loved one due to negligence. If your loved one died in a preventable accident caused by another person’s carelessness, turn to our firm for the assistance you need to hold the responsible party accountable for the damage they have caused to your family. As a survivor, you may be entitled to compensation. An Omaha wrongful death attorney at our firm stands ready to review your case free of charge and inform you of your legal options.
Schedule a free case review with our wrongful death lawyers in Omaha to learn more about wrongful death claims in Nebraska.
Nebraska Wrongful Death Law
According to Nebraska Revised Statutes section 30-809, a wrongful death claim is a civil lawsuit brought against the person or entity who caused the death. Essentially, it is a personal injury suit brought in the deceased person’s stead by a legal representative of his or her estate. Typically, this would be a spouse, a child, a parent, or other family member.
Who Can File a Wrongful Death Lawsuit in Nebraska?
In Nebraska, a wrongful death lawsuit is not filed directly by family members in most cases. Instead, the law requires the claim to be brought by a legally appointed person who represents the deceased person’s estate. This ensures the case is handled through the formal probate process and by someone with legal authority to act on behalf of the estate.
Personal representative (executor) of the estate files the claim
Executor is appointed by the county probate court
Executor may sometimes be a family member of the deceased
Nebraska Wrongful Death Statute of Limitations
Because there is a statute of limitations in Nebraska for wrongful death lawsuits, legal action must be taken within two years of the date of the death. Failing to file the lawsuit within this time period means that the surviving family will lose their right to seek compensation. While legal action may be the furthest thing from your mind during such a stressful and overwhelming time, it is important to act quickly to avoid forfeiting your right to pursue compensation.
Acting within this time frame does not mean you need to rush important decisions or face insurance companies alone. When you contact a wrongful death attorney Omaha families trust, we can begin preserving evidence, communicating with insurers, and tracking deadlines so you can focus on your own well-being. We are familiar with how local courts in Omaha apply these time limits in real cases and can advise you on how they may affect your claim.
Wrongful Death Damages
If you are able to prove your loved one lost their life due to negligence, you may be able to pursue compensation for any of the following:
Medical bills
Funeral and burial costs
Loss of companionship and guidance
Loss of financial support
Loss of household services
Pain and suffering prior to death
Calculating these losses often involves looking not only at current bills, but also at what your loved one would likely have contributed to the household over a lifetime. This can include wages, benefits, and the value of care they provided to children or aging relatives. A wrongful death lawyer Omaha residents hire for serious cases can work with financial professionals when needed to help present a complete picture of what your family has lost, so that any settlement discussions or trial presentations are based on careful analysis rather than guesswork.
What To Expect When You Work With Us
When families contact us after the loss of a loved one, they often want to know what the legal process will look like and how involved they will need to be. Our approach is designed to remove confusion and stress by guiding you step by step through the process while handling the legal and administrative burdens on your behalf.
We listen to your story and explain your legal options under Nebraska law
We investigate the incident and gather key evidence and records
We handle communication with insurance companies and opposing parties
We keep you updated regularly throughout the case
We review settlement offers and advise you before you make decisions
We coordinate the wrongful death claim with probate or related estate matters
Contact Burnett Legal Group today to speak with an experienced Omaha wrongful death attorney about your case. We offer free consultations to help you understand your legal options and take the next step toward seeking justice for your loved one.
Common Causes of Wrongful Death
Wrongful death may result from any of the following:
A wrongful death lawsuit can bring a sense of closure that many family members find helpful during the recovery process. Because these matters can be complex and require careful handling, it is important to work with a wrongful death attorney in Omaha with experience in these matters.
Many claims in our region arise from serious crashes on major roads such as I-80, I-480, or busy city routes connecting Omaha to neighboring communities in Sarpy and Washington Counties. Others may stem from incidents in local workplaces, health care facilities, or construction sites where safety rules were not followed. Whatever the cause, our role is to investigate what happened, identify all potentially responsible parties, and help your family understand the options available under Nebraska law.
Frequently Asked Questions About Wrongful Death Claims in Omaha, Nebraska
Who can file a wrongful death lawsuit in Nebraska?
In Nebraska, a wrongful death claim must be filed by the personal representative (executor) of the deceased person’s estate. This person is appointed by the county probate court and may, in some cases, be a family member.
What types of damages can be recovered in a wrongful death case?
Families may pursue compensation for medical expenses, funeral and burial costs, loss of financial support, loss of companionship, loss of household services, and the pain and suffering experienced by the deceased before death.
How long do I have to file a wrongful death lawsuit in Nebraska?
Nebraska law generally gives families two years from the date of death to file a wrongful death lawsuit. Missing this deadline can prevent you from recovering compensation, so it is important to act promptly.
What should I expect when working with a wrongful death attorney in Omaha?
A wrongful death attorney in Omaha will investigate the case, gather evidence, handle insurance communications, keep you updated, and guide you through settlement or trial while coordinating with any probate matters.
How is a wrongful death case different from a criminal case?
A wrongful death case is a civil lawsuit focused on financial compensation for the family, while a criminal case is brought by the state to punish wrongdoing. It is possible for both cases to happen at the same time, but they serve different purposes.
Your Family’s Needs Come First in Omaha
At Burnett Legal Group, we truly care about the people we serve. We are committed to acting not only as your trusted legal counsel, but also as friends that you can rely on in a time of need.
From the first call to the final resolution of your case, we strive to keep you informed about what is happening and why certain steps are being taken. We answer questions in plain language, whether you are wondering what to expect at a hearing in Douglas County Court or how long insurance negotiations may take. By maintaining open communication and a welcoming office environment in west Omaha, we work to reduce the stress of the legal process so you can focus on your family and your own healing.
We encourage you to get in touch with our firm to speak with an attorney about your case at no cost. Get started by calling our office at (402) 810-8611.
