Losing a loved one can leave your family unsure of what to do and what steps to take. We understand that, in this situation, many families do not want to rush into considering their legal options, instead focusing on caring for the family’s emotional needs.
However, if you wait too long to proceed with a claim, the Nebraska wrongful death statute of limitations may expire. Generally, the state only allows your family two years to proceed with a claim, though exceptions exist.
You can learn more about the statute of limitations and how it can impact your family with our team at Berry Law. We’re ready to answer your questions if you call or fill out our online contact form.
What Is the Wrongful Death Statute of Limitations in Nebraska?
In many cases, Nebraska gives you two years to file a claim after the death of a loved one. Getting help immediately can ensure that your family does not miss this critical deadline to pursue a wrongful death claim.
However, it’s essential to recognize that exceptions to the wrongful death statute of limitations exist in Nebraska where different deadlines may apply.
What Are Exceptions to the Wrongful Death Statute of Limitations?
Several exceptions may impact the amount of time available to your family under the Nebraska wrongful death statute of limitations. These exceptions may include:
Medical Malpractice Claims in Nebraska
In many situations, Nebraska uses the two years statute of limitations for medical malpractice claims. However, there’s a legal exception if the cause of your loved one’s death cannot have been discovered inside the two-year window.
In this situation, you may have a year from the time of discovering the cause of your loved one’s death to move forward.
Other exceptions may exist related to your claim. Fortunately, you can contact a Nebraska wrongful death lawyer to review your family’s situation. Our team at Berry Law can ensure you know all the deadlines for your case.
What Happens If You Miss the Statute of Limitations in Nebraska?
The court system in Nebraska takes the statute of limitations for wrongful death claims very seriously. Therefore, the negligent individual may request that the court dismiss your family’s claim if you waited too long to file a lawsuit.
Generally, the court will dismiss the claim, which would prevent your family from securing damages to cover your losses.
Do You Have to Accept the First Settlement Offer for a Wrongful Death Claim?
Sometimes, insurance companies try to pressure families after a wrongful death accident. For example, they may make a settlement offer and imply you must accept it or risk running out of time to resolve the claim.
However, these initial offers may not cover your family’s losses. Therefore, we recommend allowing a wrongful death attorney in Nebraska to assess the issue, negotiate on your behalf, and monitor all deadlines.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
How Long do You Have to Wait to File a Nebraska Wrongful Death Claim?
The Nebraska wrongful death statute of limitations controls how long you have to resolve your legal claim. However, many families wonder if they have to wait a specific amount of time before they can file a wrongful death case.
In fact, you can reach out to a lawyer immediately after a deadly accident. You do not have to wait a set time before you discuss your legal options. Getting help right away can benefit you and your case in many situations.
Why Contact a Lawyer Immediately After a Fatal Accident in Nebraska?
Getting help quickly from a law firm helps avoid issues with the statute of limitations for wrongful death in Nebraska. Furthermore, contacting an attorney right away can allow your lawyer to:
- Provide your family with guidance throughout each step of the legal process
- Collect evidence and statements from witnesses in a timely fashion
- Deal with insurance agents on your behalf
People can forget important details as time passes, and evidence may disappear if not collected quickly. Fortunately, you can reach out to our team now for assistance.
How Long does a Wrongful Death Claim Take in Nebraska?
Once you file a wrongful death claim in Nebraska, how long will it take for your family to receive damages? The timeframe to resolve a wrongful case can vary based on how you choose to handle your legal situation.
Generally, lawyers can resolve claims more quickly if you settle with insurance adjusters. However, in this situation, you’ll have to wait through a period of negotiations with insurance adjusters, potentially resulting in a settlement that addresses your family’s financial losses.
However, if you file a lawsuit and proceed to court, it may take longer to conclude your legal case. You can speak with a wrongful death attorney to discuss the specifics of your situation.
What Happens in a Nebraska Wrongful Death Claim?
Once you hire a wrongful death lawyer in Nebraska, your case can begin. First, your lawyer will go through a period of discovery or investigation, where they collect evidence to build your family’s claim.
Insurance adjusters or other lawyers representing the negligent party can also build a case. After all parties finish their investigation, your lawyer may enter a period of negotiations or move forward with a civil lawsuit.
Speak to Us About Nebraska’s Wrongful Death Statute of Limitations
Our team at Berry Law can help you go over the Nebraska wrongful death statute of limitations. Then, we’ll review any exceptions that may apply to your family and get to work on your claim quickly.
Find out more about us and your legal options by calling or filling out our online contact form.
