Bereaved Rights

State wrongful death guide

Nebraska Wrongful Death Law Guide

In Nebraska, wrongful death claims must be brought by the decedent’s personal representative on behalf of the surviving spouse and next of kin. Only financial losses are recoverable – for example, lost income, lost household services, and medical or burial expenses paid by the family.

Quick facts for Nebraska

  • Who can file: A claim must be filed by the deceased’s personal representative (executor) for the benefit of the widow(er) and next of kin.
  • Deadline to file: 2 years from date of death
  • Key statute: Neb. Rev. Stat. §§ 30-809, 30-810 (2024)

Types of compensation families may pursue

  • Lost wages, benefits, and household services the deceased would have provided
  • Funeral and medical expenses paid by the survivors
  • Support and companionship that surviving family members will miss out on

No statutory cap on compensatory damages. Nebraska law forbids punitive damages.

Nebraska Wrongful Death Laws

In Nebraska, wrongful death claims are handled by statute. If a person dies due to another’s wrongful act or neglect, the deceased’s personal representative can sue for damages, but only on behalf of the spouse and next of kin. The lawsuit must be filed within 2 years of the death. Any recovery is divided among surviving family members according to each person’s financial loss.

Who Can File

Only the executor or administrator of the deceased’s estate can bring a wrongful death suit. This action is for the exclusive benefit of the surviving spouse and other close relatives. (If there is no representative, heirs at law such as a surviving spouse or children may proceed.)

Time Limit

You generally have 2 years from the date of death to file a wrongful death lawsuit in Nebraska. If you miss this deadline, the claim will be barred.

Recoverable Damages

Nebraska law limits recoverable damages to financial losses (pecuniary) suffered by the survivors. Families can recover:

  • Lost income, benefits, or services the deceased would have provided (e.g. wages, household help).
  • Funeral and medical bills paid by survivors.
  • Value of support and companionship survivors have lost.

Nebraska expressly forbids any recovery for the family’s grief or loss of society. In other words, you cannot get damages just for sorrow or emotional pain under Nebraska law.

Damage Caps

Nebraska does not cap wrongful death damages. However, by the state constitution, punitive damages are not allowed in wrongful death cases, so only actual losses are compensable.

Special Rules

Nebraska requires court approval for any settlement. The judge will ensure the agreement is fair to all beneficiaries. Any judgment or settlement proceeds go directly to the widow(er) and next of kin in proportion to the pecuniary loss each suffered.

Common Examples

Typical wrongful death scenarios in Nebraska include fatal car crashes, medical malpractice deaths, workplace accidents, defective product failures, and violent assaults. In each case, if negligence or a wrongful act caused the death, the survivors may have a claim under these rules.

Common questions about wrongful death

These answers are general information only and are not legal advice. Laws can change, and how they apply depends on your specific situation.

How long do I have to file a wrongful death lawsuit in Nebraska? +

Most wrongful death lawsuits in Nebraska must be filed **within two years of the date of death**, as required by Neb. Rev. Stat. § 30-810. If the lawsuit is filed after this two-year period, courts almost always dismiss it. Certain claims—such as those involving government entities—may have additional notice requirements or shorter deadlines. Medical malpractice wrongful death actions may also involve different timing rules tied to Nebraska’s Health Care Liability Act. Because wrongful death deadlines are strict and fact-specific, families are encouraged to speak with a Nebraska wrongful death attorney as early as possible. This answer is informational only and not legal advice.

What damages are available in a Nebraska wrongful death case? +

Nebraska allows families to recover damages that reflect both the financial impact of the loss and the decedent’s own suffering before death. **Economic damages** may include: - Funeral and burial expenses - Medical expenses related to the fatal injury - Loss of the decedent’s financial support and contributions - Loss of household services **Noneconomic damages** for family members focus on: - Loss of companionship - Loss of care, comfort, guidance, and society Nebraska law does **not** allow damages for the family’s grief, sorrow, or emotional distress. Instead, the focus is on the tangible and relational harms caused by the loss. The **estate** may also recover: - The decedent’s conscious pain and suffering before death - Medical expenses and other losses that occurred before death Nebraska does not impose a general cap on wrongful death damages, though medical malpractice cases may have special limits. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in Nebraska? +

In Nebraska, a wrongful death lawsuit must be filed by the **personal representative** of the deceased person’s estate. This representative is appointed by the probate court and is responsible for bringing the claim on behalf of the statutory beneficiaries. The beneficiaries in a Nebraska wrongful death case include the deceased person’s spouse, children, parents, and, in some cases, other dependent next of kin. Although these family members receive the financial recovery, they do not individually file the lawsuit—the personal representative files a single action for everyone’s benefit. Nebraska law distinguishes between damages owed to the family for their personal losses and damages owed to the estate for harms the decedent suffered before death. This answer is informational only and not legal advice.