Some of the most serious personal injury lawsuits involve the death of the victim. Whenever another party’s negligence causes a fatal injury, the responsible party can be held liable by the decedent’s family and forced to pay the family for the loss.
However, wrongful death cases can be very complex. Even if a plaintiff can demonstrate that the victim in the case is now deceased due to the actions of the defendant, a claim for wrongful death must make an accurate accounting of the losses suffered by the decedent’s family.
An Omaha wrongful death lawyer could help surviving family members pursue wrongful death cases against private citizens, corporations, and insurance companies. The compassionate injury lawyers at Berry Law Firm handle every case with compassion and determination to collect the compensation needed to provide for your family’s financial future.
Proving a Wrongful Death Case
In many respects, a wrongful death case is similar to other personal injury claims. A plaintiff must prove that the defendant was responsible for the injury that resulted in death. The only difference is that the plaintiff in a wrongful death is a personal representative of the decedent.
One common way to do prove liability is to establish that the defendant was negligent. For example, in the case of a car accident, all drivers maintain a duty to protect other people that they encounter on the road. If they fail in this duty, they are responsible for any damage that may result.
When a plaintiff can show that a defendant was negligent and caused a fatal accident, they can prove that the defendant is responsible for providing compensation to the decedent’s family. While car accidents are a prominent example, wrongful deaths can occur in many other ways. These include:
- Commercial truck accidents
- Pedestrian accidents
- Slip and fall cases
- Medical malpractice
- Nursing home abuse
An Omaha wrongful death lawyer could help identify the proper defendant and pursue them for the maximum compensation.
Calculating Damages in an Omaha Wrongful Death Case
Determining the potential value of a wrongful death case can be complicated. According to Nebraska Revised Statute §30-810, the plaintiff can claim compensation for any medical costs and funeral costs accumulated due to the incident. The statute also states that surviving family members can claim noneconomic damages. These damages can be difficult to describe but typically include:
- Future lost income
- Loss of benefits
- Loss of companionship
Nebraska places no hard cap on potential damages but does limit when a plaintiff can bring a case. According to Nebraska Revised Statute §30-810, plaintiffs must file a claim no more than two years from the date of death. A failure to bring a case within this time can bar a plaintiff from recovery.
Consult an Omaha Wrongful Death Attorney
The loss of a loved one is never easy to endure. When a death can be attributed to the actions of another party, the family of the decedent can hold the responsible party accountable. Whether this involves a case of negligence or criminal activity, an at-fault defendant is liable to compensate the family of the decedent.
This compensation can include payments for both economic and noneconomic losses. An Omaha wrongful death lawyer could help you understand what compensation may be available for your family. Contact Berry Law today to schedule a confidential consultation.