States With Caps on Wrongful Death Damages

Nebraska limits wrongful death damages by what they cover rather than by a general dollar cap.

Pecuniary loss only

The wrongful death statute recovers only pecuniary loss. Annotations state that damages for bereavement, mental suffering or solace are not recoverable, which is a different kind of limit from a dollar cap.

Malpractice deaths: a total cap

A death from malpractice falls under the Hospital-Medical Liability Act, which caps total damages at $2.25 million, economic and noneconomic combined.

Local governments

Claims against political subdivisions are limited to $1,000,000 per person and $5,000,000 per occurrence.

No punitive damages

Nebraska does not allow punitive damages, so there is no punitive recovery to cap in a wrongful death action.

How other states compare

Missouri also excludes grief and bereavement but has no general cap, Mississippi caps noneconomic wrongful death damages at $1,000,000 shared by all beneficiaries, and Montana has a malpractice cap that rises each year.

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This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Nebraska's rules apply to your specific case with a licensed Nebraska attorney.