Omaha Wrongful Death Attorney Explains Why You Can’t Take Chances with the Statute of Limitations
Right now, your emotions are raw, you are grieving, and you can’t imagine the stress of taking a wrongful death case to court. While waiting to take legal action may seem tempting, you have limited time to act.
Don’t take the chance that you will miss the deadline for filing a Nebraska wrongful death lawsuit. Instead, learn how much time the Nebraska wrongful death statute of limitations gives you, and contact an experienced Omaha wrongful death lawyer to schedule your free case evaluation as soon as possible.
What You Need to Know About the Nebraska Wrongful Death Statute of Limitations
A statute of limitations is a law defining how much time you have to take legal action after suffering an injury or loss. After the statute of limitations relevant to a particular claim has expired, the case will usually be dismissed upon the defendant’s motion.
In Nebraska, the statute of limitations on wrongful death claims is defined by NE Code § 30-810. This law limits most wrongful death claims to two years.
Although the two-year statute of limitations applies to most wrongful death claims, there are exceptions to this rule. For example, you may have a longer time to file if the defendant flees the state or the cause of death is not immediately apparent. However, your time to file a case may be shortened if the defendant is a government entity.
Since the time to file a wrongful death complaint in court is limited, it’s essential to contact a wrongful death attorney sooner rather than later.
Even if you’re positive that you’re well within the right filing window, a lot can happen in two years. Evidence can go missing, eyewitnesses may forget critical details, and the defendant could lose or intentionally misplace critical documents. Your lawyer can help you prevent these potential issues.
More About Nebraska Wrongful Death Claims
A wrongful death lawsuit is an opportunity to seek accountability after the unthinkable. In Nebraska, a successful claim could mean:
- Obtaining damages for a loved one’s end-of-life care, funeral fees, and burial expenses.
- Securing compensation for a family member’s lost income and earning potential.
- Negotiating a settlement that requires the defendant to make changes that will protect other Nebraska families from having to endure their own tragedies.
Do You Have a Wrongful Death Case?
Every accidental death is a tragedy, but not all can be considered wrongful, according to Nebraska law.
In Nebraska, you must be able to establish each of these elements to file, fight, and win a wrongful death lawsuit:
- Standing. You have standing to file a lawsuit. In Nebraska, the only person with the standing to initiate a wrongful death claim is the executor of the deceased person’s estate.
- Duty of care. You must establish that the person who caused your relative’s accident owed them a duty of care.
- Breach of the duty of care. Your loved one was killed by an act of negligence that, if they had survived, would have entitled them to file a personal injury lawsuit.
- Causation. You will need to provide evidence that the defendant’s negligence was the cause of your loved one’s death. Proving causation isn’t always as straightforward as it might seem, especially if there are any unresolved questions about fault or preexisting health conditions.
- Damages. Nebraska’s courts can only award compensation if you suffered certain types of wrongful death damages.
If your claim satisfies state law and appears to meet court expectations, then you may consider filing a wrongful death lawsuit. However, you cannot afford to wait too long before contacting an experienced attorney—if you delay, the statute of limitations could lapse. And if the statute of limitations lapses, you could lose your right to recovery.