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.
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.
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.
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.
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.
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.