Nothing is more devastating than losing a loved one due to someone else’s negligence or intentional actions.
Fortunately, surviving family members aren’t without legal recourse when recovering financial compensation for their loss.
At Berry Law, we aim to empower surviving family members with the knowledge needed to secure maximum compensation for their loss.
This guide will explain how these settlements are paid, who can file for compensation, and how a wrongful death lawyer can help in the process.
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What is Considered Wrongful Death?
Wrongful death is a legal term that describes a situation where the negligence, recklessness, or intentional actions of another person or entity cause someone’s death.
These actions can include:
- Failing to follow safety regulations and procedures
- Medical malpractice
- Car accidents caused by drunk or distracted driving
- Product defects or failure to warn of potential hazards
Death doesn’t always have to occur immediately after the incident. It can happen weeks, months, or even years later as a result of an injury sustained from the incident.
Who Can File for Compensation in a Wrongful Death Lawsuit?
Every state has different rules for who can file for compensation after the death of a loved one.
While some states allow anyone related to the deceased to file a lawsuit, Nebraska only allows the estate’s personal representative (otherwise known as the executor) to file the lawsuit.
If a personal representative is not named in the will, the court may appoint one. In Nebraska, the personal representative may be the deceased’s surviving spouse, adult child, parent, or sibling.
What Compensation is Available?
The amount and type of compensation available in these lawsuits can vary depending on the circumstances of the case.
Damages awarded may include:
- Funeral expenses
- Loss of financial support from the deceased
- Loss of consortium (companionship and care)
- Pain and suffering endured by the deceased before their death
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Distribution to Surviving Family Members
Nebraska’s laws, particularly the Nebraska Revised Statutes Section 30-2302, dictate how settlements should be divided among surviving family members based on intestate succession rules.
The primary recipient of the settlement is typically the surviving spouse. Other distribution practices include:
- Surviving Children: If no surviving spouse exists, the entire settlement goes to the surviving children, divided equally if they share the same degree of kinship.
- Surviving Parents: In the absence of a spouse or children, the parents share the settlement equally.
- Siblings: If there is no surviving spouse, children, or parents, siblings inherit the settlement.
- Grandparents: If none of the aforementioned family members are alive, the deceased’s grandparents split the settlement equally or based on their kinship degree.
- Next of Kin: If the deceased has no surviving spouse, child, parent, sibling, or grandparent, the settlement goes to the next of kin. The closest ancestor’s kin will receive preference if multiple collateral kin claims are made through different ancestors.
Navigating the complexities of these settlements can be challenging. Consulting a wrongful death attorney can provide invaluable assistance in understanding the best payout option and ensuring an appropriate distribution among family members.
How Does A Wrongful Death Lawsuit Work?
A wrongful death lawsuit typically follows the process below:
- Consultation with an Attorney: The first step in pursuing a wrongful death lawsuit is to consult an experienced attorney. They can evaluate the circumstances and advise on whether there is a viable case.
- Filing of Complaint: If the attorney determines that there is enough evidence to support a wrongful death claim, they will file a complaint with the court on behalf of the surviving family members.
- Discovery Process: During this stage, both parties exchange information and evidence related to the case. This may include documents, witness testimonies, and expert opinions.
- Settlement Negotiations: Sometimes, a settlement may be reached during the discovery process. The defendant may offer a certain amount of compensation in return for dropping the lawsuit.
- Trial: If a settlement cannot be reached, the case will proceed to trial, during which each side presents its arguments and evidence before a judge or jury.
- Verdict and Compensation: After hearing all the evidence presented by both sides, the judge or jury will decide whether the defendant is liable for the death and what compensation should be awarded to the surviving family members.
- Potential Appeals: Depending on the outcome of the trial, either party may choose to appeal the decision.
A wrongful death lawsuit can be a complex and emotionally taxing process for surviving family members. However, the whole ordeal can be made a lot easier with the help of experienced attorneys.
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How Can a Lawyer Help Me?
While it may seem like a wrongful death lawsuit t is straightforward, there are many legal complexities involved that are more easily overcome with the help of a lawyer who can:
- Investigate the Case: A wrongful death attorney can conduct a thorough investigation to determine who was responsible for causing the death and gather evidence to support the case.
- Provide Guidance: Navigating through legal proceedings can be confusing without proper guidance. A lawyer can explain legal rights and options, ensuring informed decisions throughout the process.
- Handle Negotiations: In many cases, a settlement can be reached outside of court, saving time and resources for all parties involved.
- Represent in Court: If a trial is necessary, having an experienced attorney can make all the difference. They can present a strong case and fight for maximum compensation.
Without a lawyer, surviving family members may be without the experienced legal support needed to secure maximum compensation for the loss of their loved one.
Wrongful Death Payments FAQs
What types of damages can be recovered in a wrongful death lawsuit?
Compensation may cover economic damages, such as medical and funeral expenses, lost income and benefits, and non-economic damages, like pain and suffering and loss of companionship.
How long does it take to receive compensation?
The duration of a lawsuit can vary depending on factors such as its complexity and whether a trial is necessary.
Can I still file a lawsuit if the deceased had pre-existing health conditions?
Yes, pre-existing health conditions do not necessarily prevent the estate’s representative from filing a lawsuit. The responsible party may still be held accountable for their actions that contributed to or caused the death.
Do I need to pay for legal fees upfront?
Many attorneys work on a contingency fee basis, meaning they only receive payment if they win the case. This allows families to pursue justice without any upfront financial burden.
Wrongful Death Lawsuits | Trust Berry Law To Provide Comprehensive and Compassionate Legal Support
Dealing with the loss of a loved one is never easy. What’s worse is that navigating the legal complexities of these lawsuits only adds more stress to the situation.
At Berry Law, our experienced personal injury attorneys understands the emotional toll that these cases take on families and provides compassionate and comprehensive support to help ease the burden.
Schedule a confidential case evaluation with a wrongful death attorney from Berry Law to learn more about who is eligible to file a lawsuit, the potential compensation that can be recovered, and how we can help during this difficult time.
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