Wrongful Death Complaint - Nebraska

IN THE DISTRICT COURT OF [COUNTY] COUNTY, NEBRASKA

COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL DAMAGES
JURY TRIAL DEMANDED

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Jurisdiction, Venue & Parties
IV. General Allegations
V. Count I – Wrongful Death (Neb. Rev. Stat. § 30-809 et seq.)
VI. Count II – Survival Action (Neb. Rev. Stat. § 25-1401 et seq.)
VII. Damages & Statutory Caps
VIII. Prayer for Relief
IX. Jury Demand
X. Verification
XI. Initial Service of Process

I. DOCUMENT HEADER

1. Effective Date: This pleading is deemed filed on the date reflected in the Clerk’s file-stamp.
2. Governing Law: All substantive issues shall be governed by the wrongful-death and survival statutes of the State of Nebraska.
3. Forum: This action is filed in the District Court of [County] County, Nebraska.
4. Parties Identification: See Section III, infra.

II. DEFINITIONS

The following terms, when used with initial capital letters, have the meanings set forth below:

“Act” means the Nebraska Wrongful Death Act, Neb. Rev. Stat. §§ 30-809–30-810.

“Decedent” means the late [DECEDENT NAME], who died on [DATE OF DEATH].

“Estate” means the probate estate of the Decedent, opened in the County Court of [COUNTY] County, Nebraska, Case No. [INSERT].

“Eligible Beneficiaries” means those persons entitled to share in any recovery under the Act, typically the Decedent’s next of kin as determined under Neb. Rev. Stat. § 30-810.

“Personal Representative” means [PLAINTIFF NAME], duly appointed by the County Court on [DATE], Letters Testamentary/Letters of Administration filed.

“Plaintiff” means the Personal Representative acting on behalf of the Estate and Eligible Beneficiaries.

“Statutory Damage Caps” means the narrow, statute-specific monetary limitations on damages that apply only in limited circumstances under Nebraska law — namely Neb. Rev. Stat. § 44-2825 (Nebraska Hospital-Medical Liability Act, applicable only where a qualified health-care-provider defendant is named) and Neb. Rev. Stat. § 13-926 (Political Subdivisions Tort Claims Act, applicable only where a political subdivision is a defendant). Nebraska imposes no general cap on compensatory damages in a wrongful-death action against a private, non-governmental defendant.

III. JURISDICTION, VENUE & PARTIES

3.1 Plaintiff. The Plaintiff is a resident of [COUNTY, STATE] and is authorized to prosecute this action on behalf of the Estate and all Eligible Beneficiaries pursuant to Neb. Rev. Stat. § 30-809.

3.2 Defendant(s).
 a. [DEFENDANT NAME], a [STATE] [ENTITY TYPE], maintains its principal place of business at [ADDRESS] and transacts substantial business in Nebraska.
 b. [ADDITIONAL DEFENDANTS—IF ANY].

3.3 Subject-Matter Jurisdiction. This Court possesses subject-matter jurisdiction over this civil action under Neb. Const. art. V, § 9 and Neb. Rev. Stat. § 24-302.

3.4 Personal Jurisdiction. Defendant(s) are subject to general and/or specific jurisdiction in Nebraska under Neb. Rev. Stat. § 25-536.

3.5 Venue. Venue is proper in this Court under Neb. Rev. Stat. § 25-403.01 because the wrongful acts and resulting death occurred in [COUNTY] County.

IV. GENERAL ALLEGATIONS

4.1 On [DATE], Decedent was lawfully present at/on [LOCATION] when Defendant(s) negligently, recklessly, and/or willfully committed the acts and omissions described herein.

4.2 Defendant(s) had a duty to exercise reasonable care in [DESCRIBE DUTY—e.g., operating a motor vehicle, manufacturing a product, maintaining premises].

4.3 Defendant(s) breached said duty by [SPECIFY BREACHES].

4.4 As a direct and proximate result of Defendant(s)’ breaches, Decedent sustained injuries that ultimately resulted in death on [DATE OF DEATH].

4.5 All conditions precedent to the maintenance of this action have been performed or have occurred.

V. COUNT I – WRONGFUL DEATH

(Neb. Rev. Stat. §§ 30-809–30-810)

5.1 Plaintiff re-alleges and incorporates by reference ¶¶ 4.1–4.5 as though fully set forth herein.

5.2 Under the Act, Plaintiff is entitled to recover, for the exclusive benefit of the Eligible Beneficiaries, damages including but not limited to:

a. Loss of the Decedent’s society, comfort, and companionship;
 b. Loss of services and support reasonably expected from the Decedent;
 c. Medical, funeral, and burial expenses paid by an Eligible Beneficiary or that an Eligible Beneficiary is legally obligated to pay; and
 d. Any other pecuniary losses contemplated by Neb. Rev. Stat. § 30-810.

5.3 Defendant(s)’ conduct was a proximate cause of the Decedent’s death, entitling Plaintiff to judgment for all compensable damages allowable under the Act.

VI. COUNT II – SURVIVAL ACTION

(Neb. Rev. Stat. § 25-1401 et seq.)

6.1 Plaintiff re-alleges ¶¶ 4.1–4.5.

6.2 Nebraska’s survival statutes preserve causes of action accruing to the Decedent prior to death, allowing the Estate to recover damages that the Decedent could have pursued had he/she lived.

6.3 Prior to death, Decedent experienced conscious pain, suffering, mental anguish, medical expenses, and other personal injuries directly caused by Defendant(s). These damages survive and are recoverable by the Estate.

6.4 The Estate also seeks funeral and burial expenses it paid or is legally obligated to pay, to the extent recoverable under the survival claim. No expense is claimed in both counts.

VII. DAMAGES & STATUTORY CAPS

7.1 Plaintiff seeks the following categories of damages, subject to any applicable statutory limitations:

a. Special damages: funeral and burial costs $[AMOUNT] (payer or obligated person: [NAME]; Count [I or II]); medical expenses $[AMOUNT] (payer or obligated person: [NAME]; Count [I or II]); lost financial contributions $[AMOUNT]; lost household services $[AMOUNT]; and [OTHER CATEGORY] $[AMOUNT]. Total special damages sought: $[TOTAL]. [Omit unused categories and make the total equal the listed amounts. Do not duplicate an expense between counts.]

b. General damages, without stating an amount: loss of society, comfort, and companionship; Decedent’s pre-death pain and suffering (survival claim).

7.2 Statutory Damage Caps. Nebraska imposes no general cap on compensatory damages in a wrongful-death action against a private, non-governmental defendant. To the extent (and only to the extent) the wrongful act qualifies under a narrow statutory damages-limitation scheme — e.g., the Nebraska Hospital-Medical Liability Act, Neb. Rev. Stat. § 44-2825 (qualified health-care-provider defendants), or the Political Subdivisions Tort Claims Act, Neb. Rev. Stat. § 13-926 (political-subdivision defendants) — Plaintiff pleads damages in an amount not to exceed the applicable statutory limit and reserves the right to contest the applicability of any such cap.

7.3 Punitive Damages. Nebraska law does not permit exemplary or punitive damages; therefore, none are sought.

VIII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment:

A. On Count I, for wrongful-death damages in an amount to be proven at trial and apportioned among Eligible Beneficiaries as the Court may direct;

B. On Count II, for survival damages recoverable by the Estate;

C. Awarding allowable costs, postjudgment interest, and statutory attorney fees where authorized; [If prejudgment interest is sought, add: Plaintiff requests prejudgment interest computed from [DATE], as allowed by law.]

D. Granting such other and further relief, at law or in equity, to which Plaintiff may be justly entitled.

IX. JURY DEMAND

Pursuant to Neb. Rev. Stat. § 25-1104 and Article I, § 6 of the Nebraska Constitution, Plaintiff demands trial by jury on all issues so triable.

X. VERIFICATION

I, [PLAINTIFF NAME], being first duly sworn, depose and state that I have read the foregoing Complaint, know the contents thereof, and that the same is true and correct to the best of my knowledge, information, and belief.

Date: _____________ , 20___

_____________________________________
[PLAINTIFF NAME], Personal Representative

State of __________, County of ________, ss.

Subscribed and sworn before me this ___ day of __________, 20___.

_____________________________________
Notary Public

My Commission Expires: _____________

XI. INITIAL SERVICE OF PROCESS

At filing, provide the clerk sufficient copies of this Complaint for service. Obtain a summons for each Defendant and serve each summons with a copy of the Complaint, using a method permitted by Neb. Rev. Stat. § 25-505.01 and applicable court rules. Record and file proof of service for each Defendant. Service on counsel alone does not establish initial service on a Defendant.

SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [FAX] | [EMAIL]

By: __________________________________
[ATTORNEY NAME], # [NE BAR NO.]
Counsel for Plaintiff