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Dale Dahlin is an attorney in Lincoln, NE who has experience with Wrongful Death cases. As someone who lives in the state of Nebraska, there are a few things you may want to know about what constitutes a Wrongful Death Case in Nebraska.
What is wrongful death?
It’s not all deaths are wrongful death cases, of course. But what gives you a basis for filing a wrongful death claim in Nebraska? Wrongful death is the wrongful conduct of a person that causes the death of another. It normally involves either negligence or intentional conduct. An example of negligence would be death as a result of an automobile accident.
A wrongful death case example is the Kaitlyn Jenner case. She was sued in California for Wrongful death following an auto accident. Wrongful Death due to intentional conduct would be murder. An example of an intentional conduct case involves OJ Simpson. He was sued for wrongful death for the Rob Goldman and Nicole Brown-Simpson death. And recovery was had for that case. These are examples of what would lead to wrongful death and a wrongful death case.
Who brings a Wrongful Death Case against another?
A wrongful death case is brought by a personal representative of the estate of the deceased person that was killed. It is brought on behalf of the next of kin such as the spouse and/or children to recover damages for loss of financial support, and services, comfort, and companionship that has been lost by the death of the loved one. There can also be a survival action included if the deceased survives for a period of time after the accident and before the death.
Deadlines for Filing a Wrongful Death claim
There are time constraints on filing wrongful death claims in Nebraska. There is a two-year statute of limitations on wrongful death cases. This is shorter than the normal four-year statute of limitations for negligence. Make note that intentional conduct has a one-year statute of limitations that needs to be considered.
If the other person that was involved, such as the other driver in the wrongful death case, was killed in the accident, in order to recover more than the insurance proceeds, it is required that the representative file a claim against the estate. These claims can have a very short time deadline to file those claims. So it is important that action is taken quickly if a family member has been killed as a result of the negligence or intentionally wrongful conduct of another person. These cases can be complicated and I have experience in handling these cases. If you have a family member who has been killed and you have a wrongful death claim, call me at 402-423-4300
Wrongful death cases can be complicated and Dale Dahlin has experience in handling these cases. If you have a family member who has been killed and you believe you have a wrongful death claim, call Dale Dahlin at 402-423-4300.
This article was originally published in May 2016 and has been recently updated.