Nebraska · Wrongful death · Updated
Wrongful death cases in Nebraska: the rules and the lawyers
The deadline to file, the fault rule and the other Nebraska rules that matter for a wrongful death case, each with the law it comes from. This is general information, not advice about your case.
We don’t list firms in Nebraska that take wrongful death cases yet.
At a glance
Checked 6 Nov 2026 · Not legal advice
Deadline to file
2 years from death
In Nebraska, a wrongful-death action “shall be commenced within two years after the death of such person” and is brought by the personal representative1.
That is the deadline for wrongful death cases. The usual deadline for other injury claims in Nebraska is 4 years.
If you were partly at fault
50% bar
In Nebraska, if you are found 50% or more at fault, you generally can’t recover. If you are less at fault, what you get is cut by your share2.
Firms we list
0 firms
None yet for wrongful death cases.
Know this first
Step 1: Four years to file in court
4 years(2 for a death)
In Nebraska, most injury lawsuits must be filed in court within four years3.
When the clock starts, and whether an exception applies, can depend on the facts. A lawyer can tell you your exact date.
The law, as written
Personal injury4 years
In Nebraska, an action “for an injury to the rights of the plaintiff, not arising on contract, and not hereinafter enumerated” can only be brought within four years3.
More detail
Professional negligence, including medical malpractice, has its own Nebraska period: two years after the act or omission, or one year from discovery if it could not reasonably be discovered within two years4. Under the Nebraska Hospital-Medical Liability Act the same two-year rule applies, with a ten-year outside limit5.
If a family member died
Step 2: If someone died
A claim for a death can have its own deadline, and it may start on a different day. Here is the rule as the research found it.
The law, as written
Wrongful death2 years from death
In Nebraska, a wrongful-death action “shall be commenced within two years after the death of such person” and is brought by the personal representative1.
More detail
In Nebraska, the personal representative may not compromise or settle a wrongful-death claim until the appointing court has consented to and approved the terms1.
If a government body was involved
Step 3: Claims against the state or a local government
If a government vehicle, government property or a public employee was part of what happened, a shorter notice or claim step may come first. Ask a lawyer about it early.
The law, as written
Claims against cities, counties and other political subdivisionsWritten claim within 1 year
Under the Nebraska Political Subdivisions Tort Claims Act, a claim is “forever barred” unless it is made in writing to the governing body within one year after it accrued, and suit must be begun within two years after the claim accrued6. The time to sue is extended six months from the mailing of the governing body's final disposition, or from withdrawal of the claim, if it would otherwise expire sooner6.
More detail
In Nebraska, the written claim is filed with the clerk, secretary or other official who keeps the political subdivision's records, and must set out the time and place of the occurrence7. The same one-year written claim is required before suing a political subdivision's employee for acts in the scope of employment8.
Claims against the State of NebraskaWritten claim within 2 years
Under the Nebraska State Tort Claims Act, a tort claim is “forever barred” unless it is made in writing to the Risk Manager within two years after it accrued9. Claims are filed with the Risk Manager in the manner the State Claims Board prescribes10.
More detail
In Nebraska, the time to sue under the State Tort Claims Act is extended six months from the mailing of the final disposition, or from withdrawal of the claim, if it would otherwise expire sooner9.
How fault is counted
Step 4: If you were partly at fault
50% bar
In Nebraska, if you are found 50% or more at fault, you generally can’t recover. If you are less at fault, what you get is cut by your share2.
The law, as written
Bar to recovery50% bar
In Nebraska, a claimant's contributory negligence reduces damages proportionately, but the claimant is “totally barred from recovery” if that negligence “is equal to or greater than the total negligence of all persons against whom recovery is sought”2.
More detail
In Nebraska, the jury “shall be instructed on the effects of the allocation of negligence”2.
Next
Step 5: What to do with this
- Write down the datesThe day you were hurt, the day treatment ended, and anything a government body or hospital sent you.
- Ask a lawyer about your factsThese rules have exceptions that depend on details. A lawyer licensed in Nebraska can tell you which ones apply.
- Ask each firmWhich deadline applies to me, does a notice need to go out, and by when?
More Nebraska rules
This page keeps to the rules that matter most for a wrongful death case. The Nebraska page has all of them.
Injured in Nebraska: all deadlines and rules
Other case types in Nebraska:
After a wrongful death: the general guide
If someone in your family died because of another person’s carelessness: what a wrongful-death claim is, who can bring it, how it differs from a survival claim, getting records, and the deadline.
How to check a lawyer’s license in Nebraska
Each state keeps a public list of lawyers. Before you hire anyone, look the lawyer up by name and read what the listing says about their license. If it isn’t clear, call the office that keeps the list.
How we list firms
How we list firms
We don’t rank firms. Listing is free and doesn’t depend on buying anything.
Firms are listed for free, in A–Z order, when they say they take wrongful death cases. Every fact shows its source and date. We don’t recommend lawyers, and we don’t pass on your details.
Sources
Where the legal facts on this page come from
- Neb. Rev. Stat. § 30-810Read the source: Neb. Rev. Stat. § 30-810
- Neb. Rev. Stat. § 25-21,185.09Read the source: Neb. Rev. Stat. § 25-21,185.09
- Neb. Rev. Stat. § 25-207Read the source: Neb. Rev. Stat. § 25-207
- Neb. Rev. Stat. § 25-222Read the source: Neb. Rev. Stat. § 25-222
- Neb. Rev. Stat. § 44-2828Read the source: Neb. Rev. Stat. § 44-2828
- Neb. Rev. Stat. § 13-919Read the source: Neb. Rev. Stat. § 13-919
- Neb. Rev. Stat. § 13-905Read the source: Neb. Rev. Stat. § 13-905
- Neb. Rev. Stat. § 13-920Read the source: Neb. Rev. Stat. § 13-920
- Neb. Rev. Stat. § 81-8,227Read the source: Neb. Rev. Stat. § 81-8,227
- Neb. Rev. Stat. § 81-8,212Read the source: Neb. Rev. Stat. § 81-8,212
This is general information, not legal advice.