Losing a loved one is one of the most difficult experiences a family can face. When that loss is caused by someone else’s actions, you may be left trying to understand your rights while also dealing with unexpected expenses, loss of income, and uncertainty about the future.
Without clear guidance, it is easy to feel overwhelmed or make decisions before fully understanding your options. Key evidence can be lost, deadlines may pass, and early interactions with insurance companies can affect how a claim develops.
At Steffens Law, we represent families in Lincoln and across Nebraska in wrongful death cases. If you are looking for a wrongful death lawyer in Lincoln, our lawyers guide you through the process, explain your options, and handle the legal details so you can focus on your family.
How Steffens Law Supports Lincoln Families After a Wrongful Death
At Steffens Law, we bring over 70 years of experience handling complex personal injury matters across Nebraska, including wrongful death claims. Our lawyers understand the legal process, local court procedures, and the challenges families face after a loss.
We focus on providing clear communication and steady guidance from the beginning of your case. Our team works to investigate what happened, identify responsible parties, and build a claim supported by the available evidence.
As part of the Lincoln community, we remain committed to serving families with professionalism and care while helping them navigate each step of the legal process.
Client Testimonials
“I am thankful for the support and service provided to me through Steffens Law Office. Any traumatic experience is more challenging to know how to handle the unusual circumstances pressed without warning. The Steffens Law Office coordinated with the people necessary to bring about an exceptional outcome! Thanks to the team at Steffens Law Office for the assistance and competent legal advice and counsel!” – Mark K.
“When we had a serious accident, I reached out to Steffens Law for help, and I'm glad I did. Attorney Bill and our case coordinator, Janae, were incredibly supportive throughout the process. They were personally involved and genuinely cared about our situation, which made all the difference. I'm relieved that our case settled well without needing to go to trial. I would absolutely recommend Steffens Law to anyone in a similar situation because you can really trust them to take good care of you and your case.” — Tonnie S.
“You will never find another attorney quite like Bill. He goes above and beyond to fight for you. The whole staff becomes like family and you never seem alone. They calm all your concerns and get you the answers you need. They have years of experience with hearts of gold. Thank you all so very much for getting me through these last few years. You are all awesome <3” – Colette B.
What Is Considered Wrongful Death Under Nebraska Law?
Neb. Rev. Stat. § 30-809 establishes that a wrongful death claim arises when a person’s death results from the wrongful act, neglect, or default of another party.
To move forward with a wrongful death claim, you must establish the following:
- A duty of care existed between the defendant and the deceased.
- The defendant breached that duty.
- The breach caused the death.
- The surviving family members experienced measurable losses.
A wrongful death claim is a civil action and remains separate from any criminal charges that may arise from the same incident. These cases follow specific rules under Nebraska law, including how to file claims and handle damages.
Wrongful Death Claim vs. Survival Claim in Nebraska
Both a wrongful death claim and a survival claim are filed after someone has passed. However, they address different types of damages.
A wrongful death claim is brought by the personal representative on behalf of the surviving beneficiaries, compensating them for the losses they suffer because of their loved one’s death.
In contrast, a survival claim is a legal action that the deceased person could have brought themselves had they survived. This claim “survives” their death and allows the estate to recover for the pain and suffering, medical expenses, and other losses the deceased person experienced from the time of the injury until their death.
While related, these are separate legal avenues with different purposes, and an experienced personal injury attorney can help you pursue both where applicable.
Common Causes of Wrongful Death Cases in Lincoln
Wrongful death cases in Lincoln often arise from incidents involving negligence. Many of these cases stem from personal injury situations that result in fatal outcomes, such as:
- Motor vehicle accidents: Crashes involving cars, trucks, or motorcycles often occur due to speeding, distracted driving, or impaired driving.
- Commercial truck accidents: Collisions involving large trucks can involve factors such as driver fatigue, improper maintenance, or violations of safety regulations.
- Pedestrian and bicycle accidents: These incidents often happen when drivers fail to yield or operate their vehicles safely around vulnerable road users.
- Dangerous property conditions: Unsafe conditions such as poor maintenance, inadequate lighting, or hazardous walkways can contribute to fatal injuries.
If your loved one’s death was caused by any form of negligence, you may have a personal injury claim that deserves legal counsel.
Who Has the Right to Bring a Wrongful Death Claim in Nebraska?
In Nebraska, the personal representative of the deceased person’s estate brings the wrongful death claim on behalf of the surviving family members, such as the surviving spouse, children, or parents.
The personal representative is often named in the deceased person’s will. If no will exists or no one has taken on that role, the court appoints a qualified individual, often a close family member.
How to Prove a Wrongful Death Case in Lincoln
To pursue a wrongful death claim, a legal team must show how another party’s actions caused the death and how the loss has affected the surviving family members. A strong case depends on clear, well-documented evidence that explains what happened and supports the claim.
Key evidence often includes:
- Death certificate and proof of relationship to identify eligible beneficiaries
- Police reports, medical records, and autopsy findings to document the incident and cause of death
- Photographs, videos, and witness statements that help establish how the event occurred
- Employment and income records used to calculate financial losses
- Expert analysis in more complex cases, such as accident reconstruction or technical issues
The lawyers at Steffens Law can help collect and organize this information to support your claim and address any disputes that may arise.
How Nebraska’s Comparative Negligence Rule Can Affect a Wrongful Death Claim
Nebraska’s modified comparative negligence law can significantly impact a wrongful death claim. Neb. Rev. Stat. § 25-21,185.09 requires fault to be allocated among all responsible parties involved in the incident. If the deceased person is found to share some responsibility for the accident, any financial award the family would have received is reduced by the decedent’s percentage of fault.
For example, if the court finds the deceased was 20% at fault for a car accident and the total damages are $500,000, the family’s recovery would be reduced to $400,000. However, if the deceased is found to be 50% or more at fault, they are barred from recovering any compensation under Nebraska law.
An experienced personal injury lawyer can investigate the incident, present evidence clearly, and advocate for a fair allocation of fault.
What Compensation Is Available in a Nebraska Wrongful Death Lawsuit?
The purpose of a wrongful death lawsuit is to provide financial stability for the surviving family members. Compensation, or “damages,” can be divided into two main categories:
- Economic damages are the tangible financial losses the family has incurred. These include funeral and burial expenses, plus the loss of the deceased’s expected earnings and benefits.
- Non-economic damages compensate for intangible losses, such as the loss of companionship, love, care, and guidance the deceased would have provided.
Compensation may be determined through settlement negotiations or, if the case proceeds to trial, by the court or jury based on the evidence presented.
How Wrongful Death Settlements and Verdicts Are Distributed in Nebraska
In Nebraska, the personal representative files the wrongful death claim, but any recovery goes to the benefit of the surviving spouse and next of kin, not the estate itself.
Most wrongful death cases resolve through settlement rather than trial. Still, Nebraska law requires the court to approve and determine how the funds are distributed among eligible beneficiaries.
The court considers factors such as each person’s relationship to the deceased and the level of financial dependency. The personal representative receives the funds and works through the estate process to carry out the distribution in accordance with the court’s direction.
Because distribution depends on the specific family situation, the process may vary from case to case.
How Long Do You Have to File a Wrongful Death Lawsuit in Nebraska?
Nebraska law imposes a strict two-year statute of limitations for filing a wrongful death lawsuit. Under Neb. Rev. Stat. § 30-810, the two years start from the date of the death. If you miss this deadline, your family loses the right to pursue compensation. There are very few exceptions to this rule.
The process of investigating the accident, identifying the personal representative, and building a case takes time. Consult a lawyer as soon as possible to protect your family’s rights.
Important Steps to Take After a Wrongful Death in Lincoln
In the immediate aftermath of a tragedy, taking certain steps can help protect your family’s legal rights.
- Obtain official documentation: Gather certified copies of the death certificate, proof of your relationship to the deceased, any will or estate documents, and all related bills and records.
- Preserve evidence: Keep any photos, videos, or witness information related to the incident.
- Be careful with insurance companies: Try not to discuss the details of the incident or accept any early settlement offers without first speaking with an attorney. Insurance adjusters may try to present early settlements that do not reflect the full extent of damages.
This process can feel overwhelming, especially while you are grieving. Speaking with a lawyer can help you understand what steps matter and when to take them. At Steffens Law, our team approaches these situations with care and works to provide clear, steady guidance during a difficult time.
How a Lincoln Wrongful Death Lawyer Can Help Your Case
A wrongful death lawyer supports your family throughout the legal process and helps you understand what to expect at each stage. This includes:
- Investigating the incident to identify what happened and who may be responsible
- Gathering and organizing evidence to support the claim
- Working with experts, when needed, to evaluate the cause of the incident and the financial impact
- Handling communication and negotiations with insurance companies
- Preparing the case for resolution, whether through settlement or further legal action
At Steffens Law, our lawyers focus on providing clear communication and steady guidance so you can make informed decisions during a difficult time.
Frequently Asked Questions About Wrongful Death Claims in Lincoln, Nebraska
What Should I Look For When Choosing a Wrongful Death Lawyer in Lincoln?
Look for a lawyer with specific experience in wrongful death cases, a deep understanding of Nebraska law, and a proven track record. You also want someone who communicates clearly, offers personalized attention, and makes you feel supported during a difficult time.
How Much Does a Wrongful Death Lawyer Cost?
Most wrongful death lawyers work on a contingency fee basis. This means you do not pay any upfront legal fees. Instead, the attorney’s fee is a percentage of the amount recovered in the case. If no compensation is recovered, you typically do not owe attorney fees. This structure allows families to pursue a claim without taking on additional financial strain during an already difficult time.
What Is the Success Rate of Wrongful Death Lawsuits?
There is no universal success rate for wrongful death cases because every case is unique. Outcomes depend entirely on the specific facts, the strength of the evidence, and the clarity of liability. While no attorney can guarantee a result, having strong evidence and experienced legal representation can significantly improve the likelihood of a favorable outcome.
How Much Is a Wrongful Death Case Worth in Lincoln?
The value of a wrongful death case depends on several factors, including the deceased’s age, health, earning capacity, and the circumstances of the incident, as well as the impact on the surviving family members. An attorney can evaluate these factors to determine the full scope of the types of damages your family may be entitled to recover.
Speak With a Lincoln Wrongful Death Lawyer About Your Case Today
You do not have to face this difficult time alone. Let Steffens Law handle the legal issue so you can focus on your family. We are here to provide the answers, support, and aggressive representation you deserve.
Contact us today for a free consultation. There are no upfront fees, and we are available 24/7 to take your call. Fill out our contact form or call our Lincoln-based team at 402-414-4898.