Losing a loved one in a commercial truck accident is a devastating experience. Grieving survivors may struggle to manage funeral expenses and the loss of their family member's income, all while seeking accountability from those responsible. It's a lot for anyone to handle.
At the Law Office of Matthew A. Lathrop, we understand the challenges that surviving family members face after a fatal truck crash. While taking legal action may not be your first thought, you should know the time limits for filing a wrongful death claim. Nebraska truck accident attorney Matt Lathrop can guide you through the process and help you pursue the justice your loved one deserves.
Statute of Limitations for Nebraska Wrongful Death Claims
Like other civil lawsuits, wrongful death claims in Nebraska are subject to a statute of limitations. This is the legal deadline for filing a claim in court. Under Nebraska Revised Statute 30-810, the statute of limitations for most wrongful death actions is two years from the date of the person's death.
In some cases, a person may survive for days, weeks, or even months after a catastrophic truck accident before ultimately succumbing to their injuries. The two-year clock would start on the date of death, not the date of the truck accident.
Exceptions That Can Extend or Shorten the Statute of Limitations
While the two-year statute of limitations applies in most Nebraska wrongful death cases, certain exceptions can either lengthen or shorten the time you have to file.
The Discovery Rule
In some cases, the cause of a person's death may not be immediately apparent. For example, your loved one may have developed a fatal condition linked to toxic chemical exposure from a truck accident, but no one made the connection until later. Under Nebraska's "discovery rule," the statute of limitations may apply to the date the cause of death was discovered or reasonably should have been discovered.
Tolling for Minors
If the deceased person's surviving children are minors, the statute of limitations may be "tolled," or paused, until they reach adult age. However, waiting this long to pursue a claim is generally not advisable, as evidence can become harder to gather over time. Another family member or the estate representative can file the wrongful death claim on the child's behalf.
Claims Against Government Entities
If your loved one's death involved a government entity, such as a city-owned truck or a vehicle operated by a state employee, special rules apply. You may need to file a formal notice of claim with the appropriate agency before filing a lawsuit. This notice is typically due within one year of the death, and the government then has six months to respond before you can proceed with a court case.
Wrongful Death Claims Involving Multiple Defendants
Truck accident cases often involve shared liability among multiple parties. Depending on the circumstances, defendants in a wrongful death claim could include:
- The truck driver
- The truck owner
- The company that employed the truck driver
- The company that loaded the truck's cargo
- Manufacturers of the truck or its parts
- Government entities responsible for road maintenance
It's critical to identify all potential defendants and bring them into the case before the statute of limitations expires. If you file against one party within the time limit but later discover another entity is liable, you may be barred from bringing them into the case if the statute of limitations has run out.
The Importance of Taking Swift Action
While a two-year statute of limitations may seem like plenty of time, it's best to consult with a knowledgeable Nebraska truck accident attorney as soon as possible after a loved one's death. Your lawyer needs time to gather evidence, interview witnesses, consult with experts, and possibly file special notices for government claims.
Trucking companies and insurers often send rapid response teams to accident scenes within hours to build their defense. They may offer quick settlements to surviving family members, hoping to resolve the matter before others realize the full extent of losses. Having an experienced advocate on your side early in the process helps level the playing field.
At the Law Office of Matthew A. Lathrop, we know that no financial settlement can erase your family's grief. However, a wrongful death claim can provide security and stability as you face an uncertain future. With over 20 years of experience handling truck accident cases in Nebraska, Matt Lathrop is prepared to hold trucking companies and other responsible parties accountable.
