State file: Nebraska

Wrongful Death Attorneys in Nebraska: Your Complete Legal Guide

3 min read

2 years General deadline, as the table of this guide gives it. Exceptions are in the guide.

Nebraska’s wrongful death procedure fits in two short sections. The personal representative brings the action for the exclusive benefit of the widow or widower and the next of kin, within two years after the death. The judgment is based on the damages those family members sustained, the proceeds are distributed in proportion to each person’s pecuniary loss, and the personal representative needs court approval before settling.

Nebraska Wrongful Death at a Glance

Question Nebraska answer
Cause of action Neb. Rev. Stat. 30-809
Who brings it? The personal representative (30-810)
For whom? The widow or widower and the next of kin, exclusively (30-810)
Damages Based on the damages those family members sustained (30-810)
Distribution In proportion to each person's pecuniary loss (30-810)
Settlement Requires court approval (30-810)
Deadline Two years after the death (30-810)

Who Brings the Case and for Whom

Nebraska Revised Statute 30-809 creates the wrongful death cause of action and contains specific provisions for claims involving an unborn child. Under section 30-810, the action is brought by the personal representative of the person who died, for the exclusive benefit of the widow or widower and the next of kin.

Damages and Distribution

The judgment is based on the damages sustained by the widow or widower and the next of kin. The proceeds are distributed among them in proportion to the pecuniary loss each one suffered (30-810).

Settlement. The personal representative must obtain court approval before settling the claim (30-810).

The Deadline

The action must be commenced within two years after the death (30-810).

Topics This Guide Does Not Cover

Nebraska’s comparative negligence statutes, the notice rules for claims against political subdivisions and the State, and the medical malpractice damages limit were not reviewed for this guide. How they apply to a particular death is a question for counsel.

The firm listings below are separate from the legal information above. Statements about the law in a firm description are not part of this guide’s legal review.

Top 3 Wrongful Death Attorneys in Nebraska

1. Cullan & Cullan

This is a highly unique and elite firm – their lead attorneys are also medical doctors. Because Nebraska strictly caps total medical malpractice damages, litigating fatal medical errors here requires surgical precision. Their dual medical-legal expertise allows them to aggressively prove gross negligence and hit the absolute maximum statutory cap efficiently.

2. Hauptman, O’Brien, Wolf & Lathrop, P.C.

One of the most established and well-resourced personal injury firms in Nebraska. In general wrongful death cases – fatal trucking or motorcycle crashes – they excel at moving quickly to establish the estate, appoint the Personal Representative, and secure the crash scene before the 2-year deadline expires.

3. Berry Law

Founded by a legendary trial lawyer and Vietnam veteran, Berry Law brings a highly aggressive, military-style tactical approach to litigation. They adeptly handle the separate survival actions in Nebraska to ensure the deceased’s pre-death pain and suffering are fully accounted for in the final settlement.

Frequently Asked Questions

How is the recovery divided among family members?

In proportion to the pecuniary loss each widow, widower or next of kin suffered.

Can the personal representative settle without the court?

No. Court approval is required before the personal representative settles.

How long does the family have?

Two years after the death.

Sources and Last Review

Nebraska Revised Statutes sections 30-809 and 30-810. This page summarizes these provisions from secondary descriptions of the statutes; the official statutory text was not reviewed for this guide. Last updated October 2026. This page is general information about Nebraska law, not legal advice about a specific death.