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Nebraska law

Wrongful Death Laws in Nebraska.

Nebraska's wrongful death statute permits recovery by the personal representative on behalf of the surviving spouse and next of kin. Damages include loss of support, loss of society and companionship, mental suffering (since 2009 for minor children), and funeral expenses. The 2-year statute of limitations runs from the date of death. Nebraska's 50%-bar modified comparative fault applies. Nebraska's constitutional prohibition on punitive damages also applies to wrongful death actions.

Last verified: 2026-04-17

State law

Statute of Limitations

2 years from date of deathNeb. Rev. Stat. § 30-810

Wrongful death actions must be filed within 2 years of the date of death.

State law

Key Nebraska Statutes

Wrongful Death ActNeb. Rev. Stat. §§ 30-809, 30-810

Action brought by the personal representative for the exclusive benefit of the surviving spouse and next of kin. Damages include pecuniary losses, loss of society and companionship, and (since 2009) loss of companionship and mental suffering for minor-child decedents.

Survival StatuteNeb. Rev. Stat. § 25-1401

Causes of action survive the death of the plaintiff or defendant and may be pursued by or against the personal representative. Recovery includes pre-death pain and suffering.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Nebraska.

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