Every such action, as described in section 30-809, shall be commenced within two years after the death of such person. It shall be brought by and in the name of the person's personal representative for the exclusive benefit of the widow or widower and next of kin. The verdict or judgment should be for the amount of damages which the persons in whose behalf the action is brought have sustained. The avails thereof shall be paid to and distributed among the widow or widower and next of kin in the proportion that the pecuniary loss suffered by each bears to the total pecuniary loss suffered by all such persons. A personal representative shall not compromise or settle a claim for damages hereunder until the court by which he or she was appointed shall first have consented to and approved the terms thereof. The amount so received in settlement or recovered by judgment shall be reported to and, if so ordered, paid into such court for distribution, subject to the order of such court, to the persons entitled thereto after a hearing thereon and after notice of such hearing and of the time and place thereof has been given to all persons interested by publication three successive weeks in a legal newspaper published within the county or, if no legal newspaper is published within the county, then in a legal newspaper published in an adjoining county, except that the court for good cause shown may provide for a different method or time of giving notice and a person, including a guardian ad litem, conservator, or other fiduciary, may waive notice or any other requirement for the mailing or receipt of instruments by a writing signed by him or her and filed in the proceeding. Such amount shall not be subject to any claims against the estate of such decedent. When the amount of such settlement or judgment is ordered to be paid into the court and is five thousand dollars or more, the county court shall forthwith upon such settlement or payment of such judgment place such amount in interest-bearing certificates of deposit or a savings account in a banking institution pending the entry of an order of distribution by the court, and such interest that may accumulate pending the entry of such order shall be distributed in the same proportions as the settlement or judgment. The hearing to approve the terms of the compromise or settlement and the hearing for distribution of the amount so received in settlement or recovered by judgment may be combined into one hearing.
Notes of Decisions
Cited in
67
cases (
9 in the last 5 years), 1941–2026 · leading case:
In re Est. of Evertson, 889 N.W.2d 73 (Neb. 2016).
In re Est. of Evertson, 889 N.W.2d 73 (Neb. 2016).
· cites it 6× “While § 30-810 provides special procedures for settling wrongful death claims, it is silent on wrongful death actions.”
In re Est. of Panec, 291 Neb. 46 (Neb. 2015).
· cites it 17× “1 Neb. Rev. Stat. § 30-810 (Reissue 2008). - 48 - Nebraska A dvance Sheets 291 Nebraska R eports IN RE ESTATE OF PANEC Cite as 291 Neb.”
Selders v. Armentrout, 207 N.W.2d 686 (Neb. 1973).
· cites it 19× “1913, now section 30-810, R.S.Supp., 1972. In 1913, that section provided in part: "* * * the jury may give such damages as they shall deem a fair and just compensation with reference to the pecuniary injuries resulting from such death * * *.”
Muller v. Thaut, 430 N.W.2d 884 (Neb. 1988).
· cites it 9× “On April 16, 1986, the district court entered its judgment finding that plaintiff’s decedent died on August 3, 1976, that plaintiff instituted this action on October 17, 1985, that the action was barred by the provisions of Neb. Rev. Stat. § 30-810 (Reissue 1985), and that…”
Alegent Health Bergan Mercy Med. v. Haworth, 615 N.W.2d 460 (Neb. 2000).
· cites it 13× “1996), is governed by the limitations provision of § 44-2828, which is a component of the NHMLA, or by the statute of limitations applicable to wrongful death actions set forth in Neb.Rev.Stat. § 30-810 (Reissue 1995). This question of law was presented but not reached in Healy…”
Paulk v. Cent. Lab'y Assocs., P.C., 636 N.W.2d 170 (Neb. 2001).
· cites it 4× “The damages that may be recovered and the disposition of the avails of any judgment obtained are defined by Neb. Rev. Stat. § 30-810 (Reissue 1995). Section 30-810 provides that a wrongful death action shall be brought by the personal representative “for the exclusive benefit of…”
Kelly v. Saint Francis Med. Ctr., 889 N.W.2d 613 (Neb. 2017).
· cites it 2× “The wrongful death peti- tion was brought in the plaintiff’s name, individually, instead of in the name of a personal representative for the benefit of the next of kin, as required by Neb. Rev. Stat. § 30-810 (Reissue 1995). The attorney resumed representation of the case 2 days…”
Spradlin v. Dairyland Ins., 641 N.W.2d 634 (Neb. 2002).
· cites it 5× “According to Neb. Rev. Stat. § 30-810 (Reissue 1995), an action for wrongful death “shall be brought by and in the name of the person’s personal representative for the exclusive benefit of the widow or widower and next of kin.”
Williams v. Monarch Transp., Inc., 470 N.W.2d 751 (Neb. 1991).
· cites it 10× “WRONGFUL DEATH DAMAGES Concerning the amount of recovery in a wrongful death action, Neb.Rev.Stat. § 30-810 (Reissue 1989) in pertinent part provides: "The verdict or judgment should be for the amount of damages which the persons [widow, widower, or next of kin] in whose behalf…”
Corona De Camargo v. Schon, 776 N.W.2d 1 (Neb. 2009).
· cites it 5× “In addition, § 30-809(1) must be read in conjunction with § 30-810. Section 30-810 states in relevant part: [The action] shall be brought by and in the name of the person's personal representative for the exclusive benefit of the widow or widower and next of kin.”
Hickman v. Sw. Dairy Suppliers, Inc., 230 N.W.2d 99 (Neb. 1975).
· cites it 10× “Hickman who sustained pecuniary loss under section 30-810, R.R.S.1943; and that the exclusive beneficiary of any recovery would be Robert Hickman.”
Weber v. Sw. Nebraska Dairy Suppliers, Inc., 193 N.W.2d 274 (Neb. 1971).
· cites it 12× “Hickman who sustained pecuniary loss under section 30-810, R.R.S.1943. We reverse. This action involves a collision on July 23, 1969, at approximately 9:30 a.”
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