Wrongful Death Attorneys in Lincoln, NE

• Car, motorcycle, Pedestrian, and bicycle accidents
• Trucking collisions
• Unsafe property conditions, including those leading to criminal attacks
• Medical errors
• Workplace incidents caused by third parties
• Other scenarios involving dangerous or negligent behavior

The purpose of a wrongful death claim isn’t criminal punishment. It’s meant to hold the responsible party financially accountable and provide support to surviving family members.

While every case is different, most wrongful death claims follow these general steps:

• Investigation and case review. We begin by reviewing what happened, gathering evidence, and identifying potential responsible parties.
• Filing the claim against the responsible party or their insurance company.
• Evidence gathering and negotiation. We collect records, witness statements, medical and police reports, and financial documentation to show the full impact of the loss. Many cases are resolved through settlement negotiations during this stage.
• Litigation, if necessary. If a fair resolution isn’t reached, the case may proceed to court, where evidence is presented and a judge or jury decides the outcome.

Nebraska’s modified comparative negligence rule (Neb. Rev. Stat. § 25-21,185.09) may also affect your recovery. If the deceased shared some responsibility for the fatal incident, a family’s compensation may be reduced proportionally. If the deceased’s share of fault equals or exceeds the total negligence of all parties against whom recovery is sought, recovery may be barred entirely. We analyze fault allocation as part of the cases we evaluate.

Compensation Available in a Nebraska Wrongful Death Claim

Nebraska’s wrongful death statute centers on pecuniary loss, meaning quantifiable financial harm to the surviving family. While no amount of money can replace a loved one, compensation can address the real financial burden the loss creates.

A wrongful death claim may include compensation for:

• Funeral and burial expenses
• Medical bills related to the final injury or illness
• Loss of financial support the deceased would have provided
• Loss of companionship, care, and household services

Nebraska law generally doesn’t allow surviving family members to recover for their own emotional trauma as a standalone wrongful death damage. Recovery focuses on quantifiable financial losses to the family unit. In cases involving high earning capacity or a long projected work life, an expert witness may be used to calculate the deceased’s lifetime earnings and the economic value of household services. Each case turns on the specific circumstances, the deceased’s age and earning capacity, and the financial dependency of survivors.

How Criminal Charges Affect a Wrongful Death Case

Sometimes a wrongful death also results in criminal charges, such as manslaughter or DUI-related offenses. The two proceedings are legally independent, and it’s important to understand how that affects your family’s options.

• Criminal cases require proof beyond a reasonable doubt; wrongful death civil claims require only a preponderance of the evidence
• A criminal conviction isn’t required to bring a wrongful death claim
• Even if charges aren’t filed or don’t result in a conviction, a valid civil case may still exist
• A criminal conviction doesn’t extend the two-year civil filing deadline

Evidence from a criminal investigation can sometimes support a civil claim, but families must still file within two years of the date of death regardless of where criminal proceedings stand.

Why Wrongful Death Cases Are Legally Complex

Wrongful death cases often involve multiple parties who may share responsibility, disputes over causation, insurance companies motivated to limit payouts, and large financial stakes on all sides. Families are simultaneously grieving and facing time-sensitive decisions about filing deadlines, probate appointments, and evidence preservation. Getting professional legal support in place early is an important step you can take to protect your family’s ability to recover.

Why Lincoln Families Choose Polaris Law Group

Our team includes former government attorneys who understand how institutional defendants and insurers approach these cases from the inside. That perspective shapes how we build and negotiate every claim. Every case is prepared with the detail and precision needed for trial, even when a settlement is the likely outcome.

We also recognize that Lincoln’s families come from many backgrounds. Our multilingual team serves clients in 11 languages, removing a barrier that too many families face when navigating a complex legal process during a time of grief. We offer free case reviews in-office or virtually, and we prioritize clear, responsive communication throughout your case.

Call us at (402) 383-2698 or reach us online for a complimentary wrongful death case evaluation today. We offer legal services in Spanish, Farsi, Hindi, Russian, Ukrainian, Italian, Portuguese, Arabic, Q’anjob’al, and Punjabi.