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A wrongful-death claim can seek compensation for the losses a family suffers after an avoidable death. We provide clear guidance during a difficult time.
The death of a loved one leaves a family with difficult legal decisions and immediate financial concerns. No settlement or amount of money can replace the person who died. A wrongful death claim can, however, hold a negligent party accountable and help address the financial consequences of the loss.
Berry Law investigates the circumstances, works to establish negligence, handles insurance issues, and pursues compensation. Damages may include lost income, lost benefits, and loss of companionship. Spouses, children, and parents may seek damages for the financial and personal effects of the death.
Our attorneys manage the legal process from the initial investigation through resolution. We gather evidence, communicate with insurers, and keep the family informed. We handle each case with care and discipline while working to hold the responsible party accountable.
A wrongful death is the death of a person that occurs because another party acted carelessly (negligently), recklessly, or intentionally. This is not simply a death from natural causes or an unavoidable accident. Fundamentally, a wrongful death lawsuit is based on the premise that the death could have been completely avoided if the responsible party, whether an individual, a company, or a government entity, had simply used reasonable care or followed relevant safety laws. Common legal causes include deadly car accidents, fatal medical mistakes (malpractice), and deaths resulting from dangerous or faulty products. The lawsuit is filed by the deceased person's estate on behalf of the surviving family members.
The legal standing to file a wrongful death lawsuit is strictly controlled by state law, and the rules vary. Under Nebraska law, individual family members, such as a spouse or child, cannot file the wrongful death lawsuit by themselves as direct claimants. Instead, the law requires that the suit must be officially filed by the personal representative of the deceased person’s estate. This representative, who may be a surviving family member or an appointed lawyer, files the claim for the benefit of the estate and the closest living relatives, known as the statutory beneficiaries. The representative acts as the legal voice for the deceased in pursuing compensation from the at-fault party.
A wrongful death claim seeks compensation for economic and non-economic losses suffered by the surviving family. Recoverable economic damages include all medical bills incurred before death, costs for the funeral and burial, and the loss of future financial support the person would have provided to their dependents. The claim also covers non-economic losses like the loss of the deceased person’s companionship, comfort, and parental guidance. It is important to note that, under some state laws, surviving relatives cannot claim money for their own separate emotional trauma, but only for the losses derived from the deceased. The goal is to compensate the family for their loss.
The statute of limitations for a wrongful death claim sets a strict legal deadline, and this time limit is generally shorter than for standard personal injury cases. In some jurisdictions, a wrongful death lawsuit must be officially filed within two years. This two-year period is a firm legal requirement. If the lawsuit is not formally filed within this two-year legal time limit, the estate and the surviving family are usually stopped from ever getting compensation, regardless of the merits of the case. Therefore, immediate action is necessary after a loved one's death to ensure the claim is filed on time.
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