Losing a loved one due to another person’s negligence is devastating. However, it can be challenging to determine what legal steps to take following your loss. A Bellevue wrongful death lawyer could help. A compassionate injury attorney from Berry Law could bring a claim for compensation against the negligent party. Although a lawsuit cannot make up for your loss, it can help you make sure your family has the resources you need to move forward.
Wrongful Death Claims vs. Injury Claims
The fundamental difference between a wrongful death claim and an ordinary personal injury claim is that the plaintiff has died due to their injuries. However, wrongful death claims are relatively similar to personal injury claims.
Personal injury cases vary greatly. They generally require that the injured party proves that the responsible party breached their duty and their negligence directly lead to a person’s injuries. If the plaintiff passes away from injuries that were caused by another person’s negligence, they are entitled to compensation. A wrongful death lawyer in Bellevue could help prove that the defendant breached their duty and that breach of duty resulted in the plaintiff’s death.
Bringing a Legal Claim in Bellevue
Many states have statutes and procedures that regulate who could represent the deceased’s interest in court. Nebraska requires a wrongful death action to be filed by a legal representative of the deceased’s estate. The representative of the estate pursues the action to benefit the surviving family members of the decedent. By bringing a claim, a wrongful death attorney in Bellevue could help a family pursue both economic and noneconomic damages.
Plaintiffs could seek compensation for any medical expenses the injured person accrued before dying. Plaintiffs may also seek the value of the deceased’s lost future earnings. Funeral and burial expenses may also be recovered in court.
Noneconomic damages are determined by the court based on the severity of the decedent’s injuries and suffering, as well as other similar cases. Family members might be compensated for the following noneconomic damages:
- Pain and suffering endured by the deceased
- Loss of care
- Loss of companionship
- Loss of comfort
- Loss of guidance
- Loss of value of the services the deceased performed for the household
It is important to note that wrongful death actions must be filed within two years of the date of the wrongful death pursuant to Nebraska Revised Statutes §30-810. Therefore, it is important for a family to begin the legal process as early as practical to avoid losing the right to hold the responsible party accountable.
Reach Out to a Bellevue Wrongful Death Attorney Today
A Bellevue wrongful death lawyer could help you evaluate the circumstances of your case to determine your options. They could help you create a plan for legal action and start the process for your legal recovery. To discuss your options with a well-versed attorney, call Berry Law to schedule a free consultation.