Omaha Wrongful Death Attorney

Why You May Need an Omaha Wrongful Death Attorney

It’s devastating to lose a loved one, and it’s even more gut-wrenching to know that somebody else’s negligence caused their death. A wrongful death lawsuit can bring justice for the affected families.

Wrongful death is the loss of life due to another person’s wrong act, carelessness, or negligence. It is a civil lawsuit. Therefore, there is no finding of guilt on one party. Instead, the case is for getting compensation after losing a loved one. The compensation you get can help you offset medical bills and cover future loss of income.

The Omaha wrongful death attorneys at Welsh & Welsh PC LLO understand that although no amount of money can make up for the loss of a family member or a loved one, financial compensation can help a family move on without worrying about finances. In addition to financial compensation, a wrongful death lawsuit can bring a sense of closure.

Filing a wrongful death lawsuit can be complicated, but our experienced Omaha wrongful death lawyer can assist you. We can explain what damages can be awarded to the deceased’s family and provide the necessary expertise to hold the negligent party financially responsible. It’s essential to act quickly and file a wrongful death lawsuit as soon as possible. Contact the attorneys at Welsh & Welsh PC LLO today to get started.

Defining Wrongful Death in Nebraska

Wrongful death occurs when a person dies due to the legal fault of another individual or entity. Nebraska law recognizes wrongful death as any death “caused by the wrongful act, neglect, or default” of another party. To establish a valid claim, four essential elements must be proven: duty (the defendant owed a duty of care to the deceased), breach (the defendant violated this duty), causation (this breach directly caused the death), and damages (quantifiable losses resulted from the death).

Various circumstances can constitute wrongful death, including medical errors where healthcare providers fail to meet standard protocols, fatal workplace accidents resulting from unsafe conditions, or deadly vehicular collisions caused by negligent drivers. Courts evaluate these claims based on whether the defendant’s actions would have entitled the deceased to damages had they survived. Understanding these legal parameters is crucial when pursuing justice for your loved one.

Role and Importance of Wrongful Death Lawyers

Wrongful death attorneys provide essential expertise in navigating complex legal procedures and insurance negotiations. These cases require extensive investigation, expert witness testimony, and thorough documentation of economic losses. Experienced lawyers possess the resources to reconstruct accidents and establish liability effectively.

Insurance companies deploy teams of adjusters and attorneys to minimize claim payouts. Without skilled legal representation, families often accept inadequate settlements that fail to cover long-term financial needs. Defense attorneys understand insurance tactics and negotiate from positions of strength.

Legal experience becomes particularly crucial when multiple parties share responsibility for wrongful deaths. Construction accidents, medical malpractice, and product liability cases often involve several defendants with complex insurance coverage arrangements requiring specialized knowledge to navigate successfully.

What May Cause Wrongful Death?

The wrongful death claims are civil actions that allow surviving family members to recover damages resulting from the loss of companionship, financial support, and other losses caused by the death of their loved ones. In a wrongful death claim, you and your family can get the financial support you need to move on with your lives.

If you believe someone else is responsible for the death of a loved one, you may be able to bring a wrongful death claim. You can take action regardless of whether the negligent party has been criminally charged.

• Motor vehicle accidents
• Medical malpractice accidents
• Slip and falls
• Motorcycle and bicycle accidents
• Pedestrian accidents
• Dog attacks
• Workplace accidents
• Accidents resulting from defective products

Our attorneys at Welsh & Welsh PC LLO can help you understand if you have grounds for a wrongful death claim. The initial case evaluation is free to help you navigate your legal options. 

Who Can File a Wrongful Death Claim?

In Nebraska, wrongful death lawsuits must be filed by the legal representative of the deceased’s estate. The personal representative is named in the will, or the court could appoint them. 

In the absence of an estate, a lawsuit can be filed by the deceased’s spouse, children, siblings, or legal guardians.

Find out if you can sue for compensation for the death of a loved one. You can also learn more about the legal process for getting justice for the deceased and surviving loved ones at Welsh & Welsh, a personal injury firm that puts your interests first.

Benefits and Purpose of Filing a Wrongful Death Claim

Wrongful death claims serve multiple critical purposes beyond financial compensation for grieving families. These lawsuits hold negligent parties accountable for their actions, potentially preventing similar tragedies from affecting other families. Justice through legal action can provide emotional closure during the grieving process.

Financial security represents the primary benefit for surviving family members. Lost income streams can devastate household budgets, especially when the deceased served as the primary breadwinner. Medical expenses accumulated before death often burden families with overwhelming debt.

Legal action ensures responsible parties bear the costs for lost lifetime earnings, benefits, and household services the deceased would have provided, rather than innocent families.

Types of Damages Recoverable in a Wrongful Death Case

Nebraska law allows recovery of both economic and non-economic damages in wrongful death cases. Economic damages encompass quantifiable financial losses, including medical expenses incurred before death, funeral and burial costs, and lost future earnings based on the deceased’s age, education, and career trajectory.

Non-economic damages address intangible losses that profoundly impact surviving family members. Loss of companionship, guidance, and emotional support constitute significant components of wrongful death awards. Courts consider the deceased’s relationship with survivors, including spousal support and parental guidance provided to children.

Punitive damages may apply when defendants acted with particular recklessness or malice. These awards punish egregious conduct and deter similar behavior. Nebraska caps punitive damages at three times compensatory damages or $2.25 million, whichever is greater.

Filing a Wrongful Death Lawsuit in Omaha

Filing a wrongful death lawsuit can feel overwhelming, especially when you’re still grieving the loss of a loved one. Understanding what to expect can help bring clarity and peace of mind. In Omaha, the process typically involves several key steps:

Initial Consultation and Case Evaluation
The first step is meeting with a wrongful death attorney to review your case. During this consultation, the attorney will assess the facts, explain your legal rights, and determine whether you have grounds to file a wrongful death claim.

Investigation and Gathering Evidence
Your legal team will conduct a thorough investigation to identify responsible parties, collect medical records, interview witnesses, and secure expert testimony if needed. This evidence helps build a strong foundation for your case.

Filing the Claim
Once liability is established, your attorney will file a formal wrongful death lawsuit on behalf of the deceased’s estate. This step begins the legal process and officially notifies the defendants of your claim.

Negotiations and Settlement Discussions
In many cases, wrongful death claims are resolved through settlement negotiations. Your attorney will work to secure fair compensation without going to trial. If a reasonable agreement cannot be reached, the case will move forward in court.

Trial and Verdict
If the case proceeds to trial, your attorney will present the evidence, examine witnesses, and argue your case before a judge or jury. A verdict will then determine the compensation awarded to your family.

Collection and Distribution of Compensation
Once a settlement or verdict is reached, compensation is collected and distributed to eligible family members and the estate, according to Nebraska law.

Omaha’s Wrongful Death Claim Process

Wrongful death cases fall under personal injury law. Even though the deceased is not able to file a claim, a personal representative of the decedent’s estate can do so on the victim’s behalf. These cases are not criminal cases, so the plaintiff (the person filing the claim) doesn’t have to prove the guilt of the negligent party. However, in a wrongful death case, certain things have to be proven.

A death of an individual has to be the result of someone else’s negligent acts or breach of the duty of care. Duty of care is a legal term for the obligation someone owes to the safety of others. If the negligent party’s behavior can be considered a breach of that duty, and that resulted in the death of your loved one, you may be able to bring a wrongful death lawsuit.

The wrongful death claim process involves several steps, including filing the claim, gathering evidence, and presenting the case in court. Overall, the claims process can be summarized as follows:

Hire an Experienced Wrongful Death Attorney

A wrongful death claim can be overwhelming for grieving families. Seeking legal counsel as soon as possible ensures that all necessary steps are taken, and the claim is processed as quickly as possible.

Investigation Stage

In order to determine who is responsible for the wrongful death, our legal team investigates every case. This is critical because you need to identify the person or entity that you believe caused the wrongful death. 

Negotiations Stage

As soon as the defendant accepts the wrongful death claim, we can begin negotiations with the insurance company. If negotiations are successful, the insurance company may make you an offer. 

Settlement Stage

Our team of attorneys will guide you and help you determine whether to reject or accept the settlement. Rejecting it will result in your case going to trial. At this stage, it is up to judges and jurors to give a verdict and award you a settlement.

Here are the damages that you can seek compensation for:

• Burial and funeral costs
• Medical expenses related to the illness or injuries of the deceased person
• Loss of love and companionship due to their unexpected death
• The pain and suffering of the deceased loved one
• Loss of financial support

Our lawyers can assist you with an appeal if your case is unsuccessful. We can conduct a free evaluation of your case if you call us.

Need Help Filling a Wrongful Death Claim? Omaha Wrongful Death Lawyers May Help!

After losing a loved one, filing a lawsuit might be the last thing on your mind. However, it can help to provide a sense of closure and financial security for your family. It can also help with the costs of funeral and other expenses related to your loved one’s death.

It’s important to talk to us about your options and how to get started. We can help you receive the justice you deserve.

Our team will help you gather the information needed to show who was negligent. This includes getting witnesses to sign a statement and medical reports for evidence in your case.

We will also ensure all the paperwork is in order and filed on time. We will also help you with any legal procedures necessary, such as filing a lawsuit against the negligent party. Our team will determine the value of your wrongful death case and ensure that you receive the maximum compensation you deserve.

Our goal is to obtain a fair and just settlement with the other party so that we can negotiate for a just settlement and, if necessary, go to trial to secure your rightful compensation.

Contact Welsh & Welsh PC LLO For Assistance

At Welsh and Welsh PC LLO, we understand that you cannot put a monetary value on a loved one’s life. However, a sudden loss of a family member can result in dire financial repercussions for the family. Moreover, pain and the loss of companionship  can be devastating.

That’s why we offer compassionate and aggressive legal representation to ensure you receive the full compensation you deserve. We are here to help you fight for what is right. Call us today to get started with your claim.

Frequently Asked Questions

What Is the Nebraska Statute of Limitations for Wrongful Death Claims?

The statute of limitations is two years from the date of the loved one’s death. If you file a claim beyond this time, it will be dismissed. 

What Is the Negligence Claim in Nebraska?

Nebraska follows the 50% rule of modified comparative negligence. So, any party that is over 50% at fault cannot seek damages in a personal injury or wrongful death case.