Find a Wrongful Death Attorney – Omaha NE
November 20, 2025 | Wrongful death
Wrongful death cases represent some of the most challenging and sensitive matters in personal injury law. They require not just legal expertise, but also compassion, patience, and a deep understanding of the emotional turmoil families endure after losing a loved one. Wrongful death cases are unlike any other personal injury claims. They are brought on behalf of families who have lost a loved one due to another party’s negligence or wrongful act.
These cases are inherently emotional and require lawyers to balance legal strategy with genuine empathy. Unlike other personal injury cases where the client is the injured party, wrongful death cases can involve representing grieving families who are often unfamiliar with the legal process and overwhelmed by their loss.
Who Can Bring a Wrongful Death Lawsuit?
The rights to bring claims are dictated by state law and generally follow a hierarchy based on the decedent’s family relationships. An estate claim must be brought by the personal representative of the deceased’s estate. This person is appointed through the probate process and may be called an executor or administrator. Choosing the right personal representative is important because this individual will be the official plaintiff representing the estate in the lawsuit. The personal representative should be someone who can effectively represent the estate’s interests, including:
- Having a good understanding of the decedent’s life and relationships
- Being capable of presenting well in legal proceedings, including potential jury trials
- Having the trust and cooperation of other family members
If the designated personal representative is unsuitable due to factors like criminal history, financial instability, or inability to post required bonds, a professional administrator (often a lawyer) may be appointed to serve in this role.
Surviving Family Members
The wrongful death claim is brought by the decedent’s surviving heirs, following a strict order of priority:
- Spouse: If the decedent was married at the time of death, the surviving spouse typically has the primary right to bring the wrongful death claim. This can become complicated if the couple was separated but not legally divorced, or if the marriage status is ambiguous.
- Children: If there is no surviving spouse, the decedent’s children have the right to bring the claim. All children should ideally be included to avoid disputes later.
- Parents: If there are no surviving spouse or children, the decedent’s parents may bring the claim.
- Personal Representative: If none of the above relatives exist, the personal representative of the estate can bring the wrongful death claim.
It is important to gather all potential claimants within the appropriate class to ensure the lawsuit is properly filed and to prevent future conflicts over settlement distributions. Cases can become complex when heirs live in different states or when family relationships are fractured.
Statute of Limitations: Timing is Critical
Wrongful death claims are time-sensitive, governed by state statutes of limitations that determine how long a family has to file a lawsuit. In Nebraska, for example, the statute of limitation is two years from the date of death.
Handling Client Intake and Communication
Wrongful death cases require a sensitive and thoughtful approach to client intake and communication. Families are often overwhelmed with grief, and the legal process can be confusing and intimidating.
We Listen
The first and most important step is to listen actively and empathetically. Families need time to share their stories and feel heard, so we take the time to listen.
Showing genuine compassion and respect builds trust and helps families feel supported during their darkest moments. Even if the case cannot be taken, providing a compassionate ear can have a lasting positive impact.
Set Realistic Expectations
Be honest with families about the legal process, potential outcomes, and timelines. Many families may not understand the complexities involved, including who can bring claims, what damages are recoverable, and how long cases may take.
Setting clear expectations helps prevent misunderstandings and builds a foundation for strong attorney-client relationships.
Investigation Challenges in Wrongful Death Cases
Investigating wrongful death cases can be particularly difficult due to the absence of the decedent to tell their story. Lawyers must rely on witness statements, medical records, police reports, and other evidence to piece together what happened.
Lawyers must be thorough investigators, often uncovering details that families themselves do not know. This investigative role is critical not only for building the case but also for providing families with answers that bring some measure of closure.
Damages in Wrongful Death Cases
One of the most complex and sensitive aspects of wrongful death cases is calculating damages.
Estate Claim Damages
- Medical Bills: All medical expenses incurred from the time of injury until death.
- Funeral and Burial Costs: Reasonable expenses related to funerals, burials, and related services.
- Conscious Pain and Suffering: Damages for the pain and suffering the decedent experienced while conscious from the time of injury until death. This includes physical pain, emotional distress, fear, and anticipation of death.
Wrongful Death Claim Damages
These damages are forward-looking and relate to the value of the lost life from the decedent’s perspective. Key elements include:
- Full Value of Life: The worth of the decedent’s life, including economic and non-economic contributions.
- Future Lost Wages and Compensation: This includes not only salary but also benefits such as health insurance, retirement contributions, disability insurance, and other compensation components.
- Household Services: The value of household work performed by the decedent, including childcare, cleaning, cooking, and other services that would need to be replaced.
Future Lost Wages and Total Compensation
When calculating future lost wages, it’s important to account for total compensation, not just base salary. This includes:
- Health, dental, and vision insurance
- Retirement and savings plans
- Disability and life insurance
Obtaining this information typically requires contacting the employer’s human resources department and may involve hiring an economic expert to help quantify these losses.
Household Services: The Hidden Economic Contribution
Many decedents contribute significantly to their households through unpaid services. These include:
- Childcare and transportation
- Cleaning, cooking, and laundry
- Home maintenance and yard work
- Errands and shopping
These services have real economic value and should be quantified as part of the damages. Even if the decedent was not employed outside the home, these contributions represent a loss to the family that can be compensated.
Managing Difficult Conversations About Damages
Discussing the value of a life and potential damages with grieving families is one of the hardest parts of wrongful death cases. Families may have unrealistic expectations or may struggle with the idea of assigning a monetary value to their loved one’s life.
Lawyers should approach these conversations with sensitivity, validating the family’s grief while guiding them toward pragmatic legal strategies. It’s important to reassure clients that asking for a substantial amount in wrongful death cases is appropriate, as the law recognizes the immense value of human life.
Settlement and Distribution of Proceeds
After a successful wrongful death claim, distributing settlement proceeds can be delicate. It is essential to proceed slowly and deliberately to ensure that the money goes to the correct beneficiaries. Communications are key to ensuring all parties of the case are kept informed what will happen with the settlement.
We are Here to Help…
Wrongful death cases demand more than technical legal knowledge—they require empathy, patience, and a commitment to justice for grieving families. From understanding the dual nature of claims and statute of limitations to managing complex family dynamics and calculating deeply personal damages, every step in handling these cases is important.
By approaching wrongful death claims thoughtfully and ethically, we can make a meaningful difference in the lives of families during their darkest hours. We listen carefully, investigate thoroughly, value life sensitively, and manage settlements responsibly.
If you have questions about Wrongful Death cases, please contact us at 402.933.3345
