Who can file a wrongful death lawsuit in Florida, Nebraska, and Iowa?

In all three states, the personal representative or administrator of the deceased's estate files the claim for the benefit of eligible survivors such as the spouse, children, and parents. If no estate has been opened, that may need to happen concurrently with the claim. We coordinate with estate counsel where needed.

How long do we have to file?

Florida, Nebraska, and Iowa each generally allow two years from the date of death, though the calculation can vary based on when negligence was discovered or other circumstances. Do not assume you know how much time you have. Contact us so we can assess the timeline accurately.

Can a wrongful death claim be filed if the deceased was partially at fault?

Possibly. Florida's pure comparative negligence system allows recovery regardless of the deceased's share of fault. Nebraska and Iowa use modified comparative fault with a 50% bar. Defense attorneys routinely invest in comparative fault arguments in wrongful death cases. We build the factual record to counter them.

What damages can be recovered?

Recoverable damages include medical expenses before death, funeral and burial costs, lifetime financial support the deceased would have provided, the value of household services, loss of companionship and guidance, and in Florida mental pain and suffering for eligible survivors. In cases of egregious conduct, punitive damages may also be available.

What if a criminal case is also proceeding?

The civil and criminal proceedings are separate. A criminal conviction is not required to succeed in a wrongful death civil case. The civil standard is preponderance of the evidence, a lower bar than proof beyond a reasonable doubt. We advise families navigating both processes.

How long does a wrongful death case take?

Cases with clear liability and cooperative insurers may resolve within a year. Cases involving multiple defendants or disputed damages take longer. We keep clients informed at every stage and do not rush the process at the expense of a fair result.