Legal Question in Civil Litigation in Nebraska

wrongfull death

Can I sue the estate of a person who caused a death,

if I am not related to either of them


Asked on 3/26/01, 1:12 pm

2 Answers from Attorneys

James Harris Harris Kuhn Law Firm, LLP

Re: wrongful death

You can sue an estate for wrongful death just as any other person or entity. However, there are certain procedural and time constraints that require vigilant attention. The Nebraska Supreme Court recently decided a case which discusses the various considerations (and potential pitfalls) of suing an estate. Every case is fact dependent, meaning I would have to know exactly what happened, when it happened, and how it happened in order to provide a reasoned legal opinion. I would be happy to discuss the matter with you in more detail if you would like to call me.

James E. Harris

10050 Regency Circle Suite 101

Omaha, NE 68114

402-397-1200

402-397-1201 fax

Certified Civil Trial Advocate by the

National Board of Trial Advocacy

http://www.harrisfeldman.com

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Answered on 5/30/01, 4:46 pm
Michael Dolich Dolich Law Offices

Re: wrongfull death

The answer is yes. The law in Nebraska permits a case to be litigated against the estate of a deceased individual for wrongs committed before the death. Death cases offer unique challenges in that we are put in a position where we have to put a value on a human life; a very challenging task. But a death case can be seen as an opportunity for those surviving the death to heal by reconstructing his/her life and reviewing his/her accomplishments. With the right framework, this rather painful process can be a great source of opportunity for all involved.

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Answered on 5/30/01, 5:11 pm


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