The loss of a loved one is devastating. No one is prepared to lose someone they love, but a loss due to the negligence of another may be particularly difficult to bear.
If you have lost a spouse or parent due to another party’s actions, you may be able to seek justice and a Lincoln wrongful death lawyer can help. A compassionate injury attorney from Berry Law can advocate on your behalf so you can focus on moving forward.
When Does Someone Have a Valid Wrongful Death Claim?
Wrongful death claims may arise from a variety of circumstances. However, the following types of incidents are commonly involved in wrongful death cases:
- Truck accidents
- Motor vehicle accidents
- Nursing home abuse or neglect
- Errors in prescription drug administration or dispensing
Although these are common scenarios, any time an individual’s failure to exercise due care directly results in a death, a wrongful death claim may be appropriate. However, a party may only be held accountable for their failure to exercise due care if they owed a duty to the individual they harmed. A wrongful death lawyer in Lincoln could help assess the duty a negligent actor owed to the deceased.
Whether the incident involved one individual, a company, or a governmental entity, it can be difficult to accurately identify the responsible parties in a wrongful death case. A well-versed attorney could help determine which parties may be held accountable in a wrongful death action.
Bringing an Action in Lincoln
Under Nebraska Revised Statutes § 30-810, a wrongful death lawsuit may be appropriate when a death occurs due to negligence or a wrongful act. However, for a claim to be valid, the personal representative of the deceased must file the wrongful death action within two years of the date of death. If a wrongful death action is not filed within two years of the date of death, then the family may not be able to recover compensation.
A successful claim can recover damages to compensate for different losses the family and decedent suffered. Among others, damages that be sought in a wrongful death action include funeral expenses, loss of society and companionship, and loss of earnings.
Loss of earnings may be demonstrated through expert opinions. In consideration of the deceased individual’s employment and life expectancy, an expert may be able to calculate the earnings that the deceased individual would have made and contributed to the family.
Other items of damages may be available in a wrongful death action as well, depending on the specific circumstances. A wrongful death lawyer in Lincoln can guide families through the types of damages that may be available in a specific case.
Work with a Lincoln Wrongful Death Attorney
If you suspect that an act of negligence or other wrongful act resulted in the death of your loved one, you may be entitled to compensation. We understand that this is often a difficult situation, but an attorney could help you with the legal process of recovery, allowing you more time to focus on moving forward with your family. Contact a Lincoln wrongful death lawyer from Berry Law to schedule a consultation and discuss your case.