Nebraska Wrongful Death: A Northern Virginia Family’s Guide

By Anthony I. Shin, Esq., Shin Law Office

1. Why Northern Virginia Families End Up With Nebraska Wrongful Death Cases

Northern Virginia and Nebraska are tied together by the military, defense, and aerospace. United States Strategic Command (USSTRATCOM) is headquartered at Offutt Air Force Base in Bellevue, Nebraska, just south of Omaha. STRATCOM is responsible for strategic deterrence, global strike, and nuclear command and control. Its personnel rotate between Offutt, the Pentagon, NSA, and other Northern Virginia DOD facilities. The 55th Wing at Offutt operates RC-135 Rivet Joint reconnaissance aircraft and regularly draws on Northern Virginia intelligence and aerospace contractors. Eppley Airfield (OMA) in Omaha is a regional hub with direct flights to Reagan, Dulles, and BWI several times a day.

In my practice, Nebraska wrongful death cases involving Northern Virginia families come from a few recurring patterns. A STRATCOM family at Offutt loses someone in a crash on I-80, Highway 75, or another Nebraska route. A defense contractor on TDY to Offutt or STRATCOM dies in a crash or hotel incident. A family attending the College World Series in Omaha (TD Ameritrade Park, held every June) dies in a crash or hotel incident. A business traveler dies during a meeting at Berkshire Hathaway or one of its Omaha subsidiaries. A grandparent visiting family in Lincoln (University of Nebraska community) dies of a delayed medical response. A retired federal worker who moved to Nebraska dies of medical malpractice at a Lincoln or Omaha hospital. A family on an I-80 cross-country drive crashes near North Platte, Kearney, or Lincoln.

Nebraska’s two unusual features (the HMLA total damages cap and the no-punitive-damages rule) shape strategy from the first call. Both cut into recovery in cases that would produce larger verdicts elsewhere. The general wrongful death framework outside of medmal is broad and plaintiff-friendly. The medmal cases face one of the most restrictive recovery frameworks in the country.

2. Where Nebraska Sits on the Wrongful Death Map

Nebraska wrongful death law is a fairly traditional statutory framework with two unusual features bolted onto it. The current rules reflect the original 1869 Nebraska wrongful death statute, the 1976 Hospital-Medical Liability Act, the 1986 PSTCA reforms, and the 2003 Gourley constitutional holding.

The statute. Neb. Rev. Stat. Section 30-809 is the Nebraska Wrongful Death Act. It allows recovery for the death of a person caused by the wrongful act, neglect, or default of another. Section 30-810 lists who can recover, sets out the apportionment rule, and contains the statute of limitations.

What you can recover in general wrongful death cases. The money side (lost income, lost services, lost benefits, lost inheritance, funeral expenses) and the non-money side (loss of society, comfort, and companionship, mental anguish). Nebraska allows broad recovery categories. The Nebraska Supreme Court in Smith v. Fire Insurance Exchange of Los Angeles, 261 Neb. 857 (2001), confirmed that loss of society, comfort, and companionship are recoverable on top of direct money-side losses. General wrongful death cases outside of medmal are not capped.

The Hospital-Medical Liability Act. Neb. Rev. Stat. Section 44-2801 et seq. is the comprehensive medmal framework. Section 44-2825 caps total damages at $2.25 million per occurrence for claims against “qualified health care providers” (physicians and hospitals enrolled in the Nebraska Excess Liability Fund). The cap is per occurrence, not per defendant or per plaintiff. The $2.25 million includes economic damages (lost earnings, medical expenses, lost support) and non-economic damages combined.

The Excess Liability Fund. Nebraska runs a Medical Excess Liability Fund under Section 44-2825 that covers damages above the qualified provider’s primary insurance (typically $500,000) up to the $2.25 million cap. The Fund is paid for by mandatory contributions from qualified providers. The structure spreads excess medical liability across the provider community while keeping the firm overall cap.

The Gourley constitutional holding. The Nebraska Supreme Court in Gourley ex rel. Gourley v. Nebraska Methodist Health System, 265 Neb. 918 (2003), held that the HMLA cap does not violate the Nebraska Constitution. The court applied rational basis review and found a rational basis in the legislature’s interest in keeping medical care affordable and providers available. The decision protects the cap from challenges that have succeeded in other states (Kansas, Georgia, Washington, Wisconsin).

The constitutional ban on punitive damages. Nebraska Constitution Article VII, Section 5, directs all fines, penalties, and license money into the state’s common school fund. The Nebraska Supreme Court has long read this to bar punitive damages, because such awards would amount to fines or penalties payable to the school fund rather than the plaintiff. The court has held to this rule across decades of decisions. Nebraska is one of only five U.S. jurisdictions (with Louisiana, Massachusetts, Washington, and New Hampshire) that does not allow punitive damages.

Statute of limitations. Neb. Rev. Stat. Section 30-810 sets a 2-year deadline for wrongful death, running from the date of death. Section 25-222 sets a 2-year deadline for medical malpractice with a 10-year statute of repose, subject to a discovery rule under Section 25-219 for cases where the injury was not reasonably discoverable.

Modified comparative fault. Neb. Rev. Stat. Section 25-21,185.09 sets modified comparative fault with a 50-percent bar. Recovery is barred if the plaintiff’s fault is equal to or greater than the combined fault of all defendants. The strict 50-percent rule (the same as Colorado and Kansas) is tougher than the 51-percent rule used in Texas, New Jersey, and most other states.

Joint and several liability. Neb. Rev. Stat. Section 25-21,185.10 keeps joint and several liability for economic damages but uses several-only liability for non-economic damages. The hybrid is similar to other comparative-fault states.

The State Tort Claims Act. Neb. Rev. Stat. Section 81-8,209 et seq. governs claims against the State of Nebraska and state agencies. The STCA requires that a claim be presented to the State Claims Board within 2 years and that a 6-month waiting period run before suit. The STCA does not have a damages cap.

The Political Subdivisions Tort Claims Act. Neb. Rev. Stat. Section 13-901 et seq. governs claims against counties, municipalities, school districts, and other political subdivisions. Section 13-905 requires a written claim within 1 year of the incident. Section 13-919 sets a 6-month waiting period before suit can be filed, unless the political subdivision denies the claim sooner. The PSTCA does not impose a fixed damages cap but limits political subdivision liability in other ways.

3. Virginia’s Lex Loci Delicti Rule Applied to Nebraska

For a Northern Virginia family with a Nebraska wrongful death case, Virginia’s choice-of-law rule controls.

The McMillan rule. Under McMillan v. McMillan, 219 Va. 1127 (1979), Virginia courts apply the substantive law of the state where the wrong happened. For a Nebraska case, that means Nebraska substantive law: the Wrongful Death Act, the HMLA total cap (in medmal cases), the no-punitive-damages rule, the survival statute, the modified comparative fault rule, the STCA, the PSTCA, and the procedural framework.

The HMLA cap as substantive law. The Section 44-2825 cap follows the case under lex loci. A Virginia court applying Nebraska substantive law to a Nebraska medmal death would apply the $2.25 million total cap.

The no-punitive-damages rule. The constitutional ban on punitive damages is substantive Nebraska law that applies no matter the forum. A Virginia court could not award punitive damages on a Nebraska wrongful death claim.

Filing in Nebraska versus Virginia. Most Nebraska wrongful death cases I work for Northern Virginia families end up filed in Nebraska. The evidence, witnesses, and defendants are there. Nebraska state district courts (the trial courts of general jurisdiction) handle wrongful death cases in Douglas County (Omaha), Lancaster County (Lincoln), Sarpy County (Bellevue, including Offutt), Hall County (Grand Island), and other counties. The U.S. District Court for the District of Nebraska (Omaha and Lincoln) handles federal diversity cases.

Federal Tort Claims Act for military cases. Federal employee cases involving Offutt personnel, STRATCOM personnel, or federal contractors at federal facilities follow FTCA. Administrative claim within 2 years. Nebraska substantive law governs damages, including the HMLA cap in medmal cases and the no-punitive-damages rule.

The Feres doctrine. Some military cases involving active-duty service members at Offutt or STRATCOM run into the Feres doctrine, which bars certain claims by active-duty military for injuries arising out of activity “incident to service” under Feres v. United States, 340 U.S. 135 (1950). Dependents and contractors are usually not affected by Feres. The doctrine takes a careful fact-specific look.

4. The Hospital-Medical Liability Act $2.25 Million Total Damages Cap

The HMLA total damages cap is the most restrictive cap in this series for cases with high-earning decedents. Knowing how it works is essential for any Nebraska medmal wrongful death case.

The statute. Neb. Rev. Stat. Section 44-2825 caps total damages at $2.25 million per occurrence for claims against qualified health care providers. “Qualified” providers are physicians, hospitals, and other healthcare entities enrolled in the Nebraska Excess Liability Fund. Almost all Nebraska hospitals and physicians are qualified providers.

Total damages, not just non-economic. The $2.25 million covers all compensatory damages combined: lost earnings, medical expenses, lost support, lost services, non-economic damages. This is very different from the typical non-economic-only cap used in Texas, Maryland, Colorado, and most other cap states.

Per occurrence. The cap is per occurrence, not per defendant or per plaintiff. A single medical malpractice incident is limited to $2.25 million total damages regardless of how many defendants are involved or how many family members suffer loss.

The Excess Liability Fund. Qualified providers carry primary insurance (typically $500,000 per occurrence). Damages above the primary insurance up to the $2.25 million cap are paid from the Nebraska Excess Liability Fund, which is funded by mandatory contributions from qualified providers. The Fund spreads excess medical liability across the Nebraska healthcare provider community while keeping the firm overall cap.

The Gourley analysis. Gourley ex rel. Gourley v. Nebraska Methodist Health System, 265 Neb. 918 (2003), upheld the cap against constitutional challenge under the Nebraska Constitution. The court applied rational basis review (not strict scrutiny) because the cap did not touch a fundamental right. The court found a rational basis in the legislature’s goal of keeping medical care affordable and providers available.

What this means in real money. Take a Northern Virginia medmal wrongful death case at an Omaha or Lincoln hospital involving a high-earning decedent (say, a $200,000-per-year federal contractor with 20 years of work-life expectancy). Lost earnings alone could be $4 to $5 million in present value. The HMLA cap brings the total recovery down to $2.25 million, well below what the economic damages alone would justify. For lower-earning or retired decedents, the cap may not be reached.

Non-medmal cases are not affected. The HMLA cap applies only to medical malpractice claims against qualified healthcare providers. General wrongful death cases (vehicle crashes, premises liability, intentional torts, product liability) are not subject to it. Northern Virginia families with Nebraska wrongful death cases involving non-medical causes face the standard uncapped framework.

5. No Punitive Damages: Article VII Section 5 of the Nebraska Constitution

Nebraska’s constitutional ban on punitive damages takes off the table a recovery category that most other states allow.

The constitutional provision. Nebraska Constitution Article VII Section 5 directs all fines, penalties, and license money arising under state law to the common school fund. The Nebraska Supreme Court has long held that punitive damages would be fines or penalties that must go to the school fund rather than the plaintiff. Awarding them to a plaintiff would violate the Constitution. The court has consistently refused to allow them across decades of decisions.

Comparison with other states. Nebraska is one of only five U.S. jurisdictions (with Louisiana, Massachusetts, Washington, and New Hampshire) that does not allow punitive damages. Most states allow them on a showing of malice, gross negligence, or willful and wanton conduct. The absence of punitive damages in Nebraska takes off the table a recovery category that can be large in cases involving extreme defendant conduct (drunk driving with very high blood alcohol, intentional misconduct, knowing safety violations).

What this means for strategy. Northern Virginia families with Nebraska wrongful death cases involving extreme defendant conduct cannot pursue punitive damages. Strategy shifts to maximizing compensatory damages and to careful documentation of the extreme conduct for settlement purposes. Defendants often raise compensatory settlement positions in cases where punitive damages would otherwise be exposed, even when Nebraska law bars them.

Alternative remedies. Statutory penalties under specific statutes (consumer protection, certain dram shop liability, certain insurance bad faith) may be available in narrow circumstances. Criminal prosecution is an independent remedy where the conduct supports it.

6. The Section 25-1401 Survival Action and Beneficiary Hierarchy

The Nebraska Survival Statute and the wrongful death beneficiary framework decide who can recover and what they can recover.

The survival statute. Neb. Rev. Stat. Section 25-1401 keeps the decedent’s personal injury claim alive. The estate (through the personal representative) brings the survival action and recovers for the decedent’s pre-death conscious pain and suffering, pre-death medical expenses, pre-death lost wages, and other pre-death damages. The survival action runs alongside the wrongful death claim.

HMLA cap on survival action. Survival action damages in medical malpractice cases are subject to the HMLA total damages cap. The cap applies to the combined wrongful death and survival action recovery, not separately. Combined recovery from both claims is limited to the $2.25 million per occurrence cap.

Wrongful death beneficiaries. Neb. Rev. Stat. Section 30-810 provides that the wrongful death action is brought for the exclusive benefit of the surviving widow or widower and next of kin. The widow or widower has primary standing. If there is no widow or widower, the next of kin (children, parents, siblings, in order under intestate succession) have standing.

The personal representative. Section 30-809 provides that the wrongful death action must be brought by the personal representative of the decedent’s estate. The personal representative is a procedural party who brings the action on behalf of the statutory beneficiaries. Nebraska probate in the County Court (probate division) qualifies the personal representative. For Northern Virginia families, Virginia probate qualifies the personal representative first; ancillary Nebraska administration is often required.

Apportionment. The wrongful death recovery is split among the beneficiaries based on the court’s determination of each beneficiary’s money-side and non-money-side loss. Apportionment is fact-specific. A surviving spouse with minor children typically receives the largest share.

Same-sex spouses and adopted children. Same-sex spouses are statutory beneficiaries on the same terms as opposite-sex spouses (Obergefell v. Hodges, 576 U.S. 644 (2015)). Adopted children are children for purposes of Section 30-810.

Common-law marriage. Nebraska does not recognize common-law marriage entered into within Nebraska after 1923. Common-law marriages validly entered in other states are recognized.

7. Statute of Limitations, State Tort Claims Act, and PSTCA

Nebraska procedural traps include the 2-year SOL, the 10-year medmal repose, the State Tort Claims Act presentation requirement, and the PSTCA 1-year notice.

The 2-year wrongful death SOL. Neb. Rev. Stat. Section 30-810 sets a 2-year deadline for wrongful death, running from the date of death. The deadline is firm.

The personal injury SOL. Neb. Rev. Stat. Section 25-207 sets a 4-year deadline for general personal injury (longer than most states). But the 2-year wrongful death SOL controls for the wrongful death claim. The survival action follows the personal injury SOL with the discovery rule under Section 25-219.

The medmal 2-year SOL with 10-year repose. Section 25-222 sets a 2-year deadline for professional negligence, including medical malpractice, with a 10-year statute of repose under Section 25-222 and Section 44-2828 (HMLA-specific). The 10-year repose is more aggressive than most other states.

The State Tort Claims Act. Neb. Rev. Stat. Section 81-8,209 et seq. governs claims against the State of Nebraska. Section 81-8,212 requires presentation of the claim to the State Claims Board within the statute of limitations (2 years for wrongful death). Section 81-8,213 sets a 6-month waiting period before suit can be filed, unless the Claims Board denies the claim sooner or the 6-month period runs. The STCA does not impose a fixed damages cap.

The Political Subdivisions Tort Claims Act. Neb. Rev. Stat. Section 13-901 et seq. governs claims against counties, municipalities, school districts, and other political subdivisions. Section 13-905 requires a written claim within 1 year of the incident, submitted to the clerk or designated official. Section 13-919 sets a 6-month waiting period before suit. The 1-year notice deadline is one of the strictest in the country.

The PSTCA limitations and immunities. The PSTCA keeps in place a number of governmental immunities (discretionary function, certain emergency response, judicial and legislative immunities, certain law enforcement activities). These immunity defenses can be case-dispositive. The PSTCA also limits liability in other ways short of a fixed cap.

Public entities under STCA and PSTCA. The State of Nebraska (STCA). Counties, municipalities, school districts, and political subdivisions (PSTCA). The University of Nebraska system (state instrumentality, STCA). State hospitals. The Nebraska Department of Transportation. The Nebraska State Patrol. The Nebraska Game and Parks Commission. The Nebraska Department of Correctional Services.

Federal Tort Claims Act. Federal employee cases (Offutt AFB, STRATCOM personnel, VA hospital personnel, federal contractors at federal facilities) follow FTCA. Administrative claim within 2 years. Nebraska substantive law governs damages, including the HMLA cap and the no-punitive-damages rule.

8. Modified Comparative Fault and Joint and Several Liability

Nebraska uses the strict 50-percent fault bar (the same as Colorado and Kansas) and a hybrid joint-and-several liability framework.

The Section 25-21,185.09 rule. Recovery is barred if the plaintiff’s fault is equal to or greater than the combined fault of all defendants. The 50-percent bar is strict; a decedent who is exactly 50 percent at fault recovers nothing. Recovery is reduced proportionally for decedent fault under 50 percent.

Comparison with Virginia. Virginia’s contributory negligence rule bars recovery if the decedent was at all at fault. Nebraska’s 50-percent rule allows recovery up to 49 percent decedent fault. The difference can be the whole case.

Joint and several liability hybrid. Neb. Rev. Stat. Section 25-21,185.10 keeps joint and several liability for economic damages and uses several-only liability for non-economic damages. In multi-defendant cases, a defendant with a small fault share stays jointly liable for the full economic damages (lost earnings, medical expenses) but only severally liable for non-economic damages (mental anguish, loss of companionship).

What this means in practice. The hybrid framework gives plaintiffs real protection on the economic side in multi-defendant cases. The plaintiff can recover full economic damages from any defendant with sufficient assets even if that defendant has a small fault share. Non-economic recovery is limited to the proportional share against each defendant.

9. Federal and Military Cases (Offutt AFB and STRATCOM)

Nebraska’s military and federal presence at Offutt Air Force Base and the United States Strategic Command generates a high share of Northern Virginia-Nebraska federal employee wrongful death cases.

Offutt Air Force Base. Offutt is in Bellevue, Nebraska (Sarpy County), just south of Omaha. The base is home to the 55th Wing (RC-135 Rivet Joint reconnaissance), United States Strategic Command (USSTRATCOM), the 557th Weather Wing, and other Air Force tenant units. About 10,000 active-duty military personnel, civilian employees, and contractors work at Offutt.

STRATCOM. United States Strategic Command is one of the eleven unified combatant commands of the U.S. Department of Defense. STRATCOM is responsible for strategic deterrence, global strike, joint electronic warfare, missile defense, and analysis and targeting. STRATCOM headquarters at Offutt is staffed by about 4,000 personnel, including many Northern Virginia-based defense contractors and Pentagon liaisons on rotational assignments.

FTCA application. Federal employee cases follow FTCA: an administrative claim to the responsible federal agency within 2 years of the date of death. Nebraska substantive law governs damages under FTCA. The HMLA cap applies to military medical malpractice cases at Offutt Air Force Base hospital. The no-punitive-damages rule applies no matter how extreme the conduct.

The Feres doctrine. Feres v. United States, 340 U.S. 135 (1950), bars certain claims by active-duty military for injuries arising out of activity incident to service. The doctrine applies in narrow but important contexts: active-duty service member injuries at Offutt and certain medical malpractice claims against military medical facilities. The doctrine has produced a lot of litigation. Recent amendments under the National Defense Authorization Act of 2020 (specifically the SFC Richard Stayskal Military Medical Accountability Act) created a limited administrative claim process for certain military medical malpractice cases that previously would have been Feres-barred. Dependent and contractor cases are usually not Feres-barred.

Dependents and contractors. Dependents of active-duty service members and Department of Defense civilian contractors are usually not Feres-barred. Their wrongful death cases proceed under FTCA on Nebraska substantive law without the Feres limitation. These cases make up a large share of the Northern Virginia-Nebraska federal wrongful death practice.

Strategy implications. Pin down the decedent’s status (active-duty service member, dependent, civilian employee, contractor) at the first call. The status determines whether Feres applies, whether the administrative claim process is required, and which federal agency is the proper defendant.

10. How I Work Nebraska Wrongful Death Cases for Northern Virginia Families

When a Northern Virginia family calls me about a death in Nebraska, the work focuses on a few things: catching every deadline, classifying the case (general vs. HMLA medmal vs. federal/military), finding any possible STCA and PSTCA defendants, qualifying the personal representative, and coordinating with Nebraska counsel.

The deadline check. The first call lays out every deadline. The 2-year wrongful death SOL under Section 30-810. The personal injury SOL under Section 25-207 (4 years) or Section 25-222 (2 years for professional negligence) for the survival action. The 10-year medmal statute of repose. The 1-year PSTCA notice for any possible political subdivision defendant. The STCA presentation requirement for state defendants. The FTCA 2-year administrative claim deadline for federal employee cases.

The HMLA classification. In the first conversation, I figure out whether the case involves medical malpractice against a qualified healthcare provider (subject to the $2.25 million total damages cap) or general wrongful death (not capped). The classification changes the recovery range completely.

The Feres analysis for military cases. For cases involving Offutt AFB personnel, STRATCOM personnel, or other federal/military actors, I look at the Feres doctrine. Injuries to active-duty service members may be Feres-barred. Dependents and contractors usually are not. The Stayskal Act may provide a limited administrative claim path for certain military medical malpractice cases.

Personal representative qualification. Open Virginia probate for the Northern Virginia decedent. Get Nebraska ancillary administration in the appropriate Nebraska County Court (probate division) for the survival action and for the wrongful death action.

Evidence preservation. Nebraska evidence preservation needs immediate action. Police reports (Nebraska State Patrol for state highway cases, Omaha Police, Lincoln Police, county sheriff). Medical records. Vehicle reconstruction. Military incident reports for Offutt-related cases. Aerospace incident records for aviation cases.

Nebraska counsel coordination. I work with Nebraska counsel admitted to practice for filing and court appearances. Nebraska state district court and the federal District of Nebraska both require local expertise on the HMLA framework, the STCA and PSTCA, and the no-punitive-damages constraints on case strategy.

Damages workup. A Nebraska-licensed economist for the lost earnings projection. Household services experts. Medical experts for pre-death pain and suffering. The workup accounts for the HMLA cap (in medmal cases) and the absence of punitive damages.

The settlement framework. Most Nebraska wrongful death cases resolve in settlement. The HMLA cap sets the functional ceiling in medmal cases (around $2.25 million). General wrongful death cases have no statutory ceiling, but the absence of punitive damages reduces negotiating room in extreme-conduct cases.

The litigation timeline. Most Nebraska wrongful death cases take 18 to 30 months from filing to resolution. Douglas County District Court (Omaha), Lancaster County District Court (Lincoln), Sarpy County District Court (Bellevue), and other state district courts handle most of them. The U.S. District Court for the District of Nebraska (Omaha and Lincoln) runs federal diversity and FTCA cases.

Summary

Nebraska wrongful death law pairs a broad general framework with two unusual restrictions. The Nebraska Wrongful Death Act at Neb. Rev. Stat. Section 30-809 allows recovery for the money side and the non-money side (loss of society, comfort, and companionship) with no cap in general (non-medmal) cases. The Hospital-Medical Liability Act at Section 44-2825 caps total damages (economic and non-economic combined) at $2.25 million per occurrence for claims against qualified healthcare providers. The Excess Liability Fund covers damages above the primary insurance up to the cap. The cap survived a constitutional challenge in Gourley ex rel. Gourley v. Nebraska Methodist Health System, 265 Neb. 918 (2003). The Nebraska Constitution at Article VII Section 5 is read to bar punitive damages, making Nebraska one of only five U.S. jurisdictions that does not allow them.

The Nebraska Survival Statute at Section 25-1401 keeps the decedent’s pre-death claims alive, subject to the HMLA cap in medmal cases. The wrongful death SOL is 2 years from the date of death under Section 30-810. Medical malpractice has a 2-year SOL and a 10-year statute of repose under Sections 25-222 and 44-2828. The Nebraska State Tort Claims Act at Section 81-8,209 requires that the claim be presented to the State Claims Board and that a 6-month waiting period run. The Political Subdivisions Tort Claims Act at Section 13-901 requires a written claim within 1 year and a 6-month waiting period.

Wrongful death standing runs through Section 30-810 (surviving widow or widower and next of kin). The action must be brought by the personal representative of the estate. Nebraska uses modified comparative fault with a strict 50-percent bar under Section 25-21,185.09 (the same as Colorado and Kansas). Joint and several liability is hybrid under Section 25-21,185.10 (kept for economic damages, several-only for non-economic damages).

Offutt Air Force Base in Bellevue and the United States Strategic Command (STRATCOM) at Offutt create a large federal and military presence that generates federal employee, dependent, and contractor wrongful death cases. The Federal Tort Claims Act applies to federal employee cases, with Nebraska substantive law governing damages. The Feres doctrine bars certain claims by active-duty service members for injuries incident to service. Dependents and contractors are usually not Feres-barred. The SFC Richard Stayskal Military Medical Accountability Act provides a limited administrative claim path for certain military medical malpractice cases.

Virginia courts apply Nebraska substantive wrongful death law under McMillan v. McMillan, 219 Va. 1127 (1979). Most Northern Virginia families with Nebraska wrongful death cases file in Nebraska state district court or the U.S. District Court for the District of Nebraska. I work with Nebraska local counsel on filings and court appearances while leading strategy and damages workups.

For the framework that runs through every state guide in this series, see my cornerstone guide for multi-state wrongful death.

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