Sean Conway
Eric Chandler
Marcus Sladek 
Natalie Andrews
Cory J. RooneyPersonal Injury
Guide to Wrongful Death Lawsuits: History, Legal Process, Causes & More
Chandler | Conway
A wrongful death lawsuit is a legal action brought when someone dies as a result of another party’s negligence or intentional act. Wrongful death lawsuits are brought on behalf of the surviving spouse and/or decedent’s next of kin and seek compensation for what the survivors have lost, often including lost wages, loss of companionship, and funeral expenses. Unlike criminal cases (which are prosecuted by the state), wrongful death suits are civil actions initiated by the decedent’s survivors or the estate.
History of Wrongful Death
The concept of wrongful death claims has its roots in early English common law, which did not recognize the right to sue for wrongful death. This changed with the Fatal Accidents Act of 1846, also known as Lord Campbell’s Act, which allowed relatives of a deceased person to seek compensation.
In the United States, wrongful death statutes were gradually enacted state by state, providing a legal framework for families to recover damages resulting from their loved ones’ untimely deaths. In Nebraska, Neb. Rev. Stat. §30-809 authorizes claims for wrongful death, and Neb. Rev. Stat. §30-810 lays out the process and statute of limitations, stating that wrongful death lawsuits must be brought within two years after the death of such person.
Legal Foundations
Wrongful death lawsuits are grounded in tort law, which addresses civil wrongs causing harm or loss. A plaintiff in a wrongful death case must prove that the defendant’s wrongful act caused the death.
Similar to any negligence action, key elements of wrongful death negligence claims typically include:
- Duty of Care: The defendant owed a duty of care to the deceased.
- Breach of Duty: The defendant‘s conduct failed to meet an applicable standard of care, such as not exercising reasonable care while driving.
- Causation: The breach of duty directly caused the death.
- Damages: The death resulted in quantifiable damages to the survivors.
Each state has its own wrongful death statute, which outlines who may file a lawsuit, the types of damages recoverable, and the statute of limitations within which the case must be filed.
Who Can File a Wrongful Death Lawsuit?
The right to file a wrongful death lawsuit varies by state, but generally includes immediate family members such as spouses, children, and parents. In Nebraska, a wrongful death suit shall be brought by and in the name of the person’s personal representative for the exclusive benefit of the widow or widower and next of kin.
Some states allow extended family members like grandparents, siblings, and other dependents to file if they can demonstrate financial dependence on the deceased. In certain cases, the decedent’s estate may also bring a claim, especially when the estate suffers losses such as medical expenses incurred before death.
Common Causes of Wrongful Death
Wrongful death can result from a wide range of incidents, including:
- Automobile Accidents: Negligence, drunk driving, reckless driving, etc. often lead to fatal car accidents.
- Medical Malpractice: Errors by healthcare providers, such as misdiagnosis, surgical mistakes, or medication errors, can be grounds for a wrongful death claim.
- Workplace Accidents: Fatalities in construction, manufacturing, and other industries due to unsafe working conditions or employer negligence.
- Defective Products: Manufacturers can be held liable if a product defect causes a fatal injury.
- Criminal Acts: Homicide or other criminal acts leading to death can result in both criminal charges and wrongful death claims.
Damages in Wrongful Death Cases
Damages awarded in wrongful death lawsuits are intended to compensate survivors for both economic and non-economic losses. What damages are recoverable largely depends on which state’s law applies and can include:
- Economic Damages: Medical bills, funeral expenses, lost income, and loss of potential future earnings.
- Non-Economic Damages: Pain and suffering, loss of companionship, emotional distress, and loss of consortium.
- Punitive Damages: In cases of gross negligence or intentional harm, the court may award punitive damages to punish the defendant and deter similar conduct in the future.
In Nebraska, damages recoverable in a wrongful death action are typically limited to damages for pecuniary loss and loss of companionship, however, many wrongful death claims also include a survival action, which can include damages for pre-death pain and suffering suffered by the decedent.
The Legal Process
The process of pursuing a wrongful death lawsuit typically involves several stages:
- Consultation with an Attorney: An experienced wrongful death attorney evaluates the case to determine its viability in the trial process.
- Investigation: The attorney and client gather and preserve evidence, including medical records, accident reports, witness statements, expert testimony, and any other evidence relevant to the incident.
- Demand: A demand for payment, along with all relevant supporting documentation, is submitted upon the liable party and its insurance company.
- Filing the Complaint: If the parties are unable to reach settlement, the plaintiff files a legal complaint against the defendant outlining the allegations and the damages sought.
- Discovery: Both the plaintiff and defendant parties exchange information through depositions, interrogatories, and document requests.
- Settlement Negotiations: Most wrongful death cases are settled out of court through negotiations. If a fair settlement cannot be reached, or if the lawsuit has sufficient chance for greater reward in court, the case proceeds to trial.
- Trial: Both sides present their evidence and arguments, and a judge or jury determines liability and awards damages.
- Probate: Wrongful death claims must be brought by a personal representative or special administrator appointed by the court, and all wrongful death settlements must be approved by the court.
Challenges and Considerations
Wrongful death lawsuits are complex and can be emotionally and financially draining for the survivors. Several challenges and considerations must be acknowledged, such as:
- Emotional Toll: The entire process of a wrongful death lawsuit can be highly emotional, as it involves reliving the circumstances surrounding the loved one’s death. Survivors must be prepared for the stress and emotional impact inside and outside the courtroom.
- Proving Liability: Establishing the defendant’s liability often requires substantial evidence and expert testimony, especially in cases involving complex motor vehicle accidents or trucking accidents.
- Statute of Limitations: It’s crucial to file the lawsuit within the time frame specified by state law. Missing this deadline can result in the case being dismissed, regardless of its merits. In Nebraska, the statute of limitations for wrongful death suits is 2 years after the date of the person’s death, and there is also a 1-year notice period if the claim involves the government or a political subdivision as a potential defendant.
- Financial Costs: Legal fees and associated costs can be significant. Most wrongful death attorneys, including Chandler | Conway, work on a contingency fee basis, meaning attorney’s fees are paid only if there is a recovery. However, often there are substantial other costs associated with bringing the claim, especially when the case involves extensive litigation and/or expert testimony.
Notable Cases and Precedents
Some notable high-profile wrongful death lawsuits:
- J. Simpson Civil Trial: In 1997, O.J. Simpson was found liable in a civil wrongful death lawsuit for the deaths of Nicole Brown Simpson and Ron Goldman, despite being acquitted in the criminal trial. The O.J. Simpson case is a good illustration of the difference between civil and criminal standards of proof.
- Ford Pinto Case: In the 1970s, Ford faced numerous wrongful death lawsuits due to the Pinto’s design flaw that caused fuel tank explosions in rear-end collisions. The resulting lawsuits led to significant changes in auto safety regulations and manufacturer liability.
- Griffin v. Panec (In re Estate of Panec) – The Panec case, while not high-profile, is an important Nebraska case which sets precedent, clarifing the difference between a wrongful death claim and a survival claim and laying out the way in which the respective distributions are made from a settlement or verdict.
A wrongful death lawsuit serves as vital legal recourse for families seeking justice and compensation for the loss of a loved one due to another party’s negligence or intentional act. While these cases can be complex and emotionally taxing, they play a crucial role in holding wrongdoers accountable and providing financial relief to affected families.
Schedule a Free Consultation with Chandler|Conway
All Chandler|Conway attorneys are incredibly knowledgeable in wrongful death claims and lawsuits. Our attorneys will determine the best strategy for you and your family based on the specific circumstances of your situation and, when necessary, represent those interests in court.
If you would like to discuss filing a wrongful death claim, please contact Chandler|Conway by phone, email, or contact form. You can also visit our Wrongful Death service page for more information.