Victims of high-speed collisions and rollover accidents on Omaha highways rarely walk away with minor injuries. In some of the most severe car accidents, a driver or passenger could lose their life.
In the aftermath of a serious accident, taking legal action may be the last thing on your mind. However, it is important that you speak with an experienced attorney as soon as possible. With assistance from a compassionate wrongful death attorney, you can help protect your family’s future by recovering various financial and personal losses stemming from a fatal car accident in Omaha.
Negligent Causes of Deadly Car Wrecks
Any evidence of negligence by another driver would allow the surviving family members to pursue compensation. Common causes of car accidents that could qualify as legal negligence in Omaha include:
- Distracted driving
- Texting while driving
- Driving under the influence of drugs or alcohol
- Any form of reckless driving, including speeding, tailgating, and unsafe passing
- Driving while fatigued
Whether it stems from any of these actions or not, any wreck caused by another driver’s failure to act reasonably and safely may be grounds for civil litigation. A knowledgeable Omaha attorney can help you determine whether your loved one’s fatal car wreck justifies a wrongful death lawsuit.
Filing Suit for a Wrongful Death After a Fatal Auto Accident
Wrongful death cases proceed differently than other types of personal injury claims in several ways. For example, a legal representative of the deceased person’s estate may file a civil claim for damages on behalf of the decedent’s surviving family members, as established in Nebraska Revised Statutes §30-809 & 810.
This representative can seek compensation for any pecuniary damages suffered by the decedent’s surviving family members, including funeral and burial costs, medical bills, loss of financial support, loss of household support, and loss of care and companionship. If the decedent’s death was not immediate, compensation may also be available for any pain and suffering they experienced prior to their passing.
However, Nebraska state law does not currently allow estate representatives to pursue compensation for the suffering of surviving family members. In addition, Neb. Rev. Stat. §30-810 specifies that any wrongful death case not filed within two years of the decedent’s death may be subject to dismissal in court. You should contact one of our skilled attorneys to ensure that your claim meets all relevant statutory deadlines and maximize your chances of success.
Take Action after a Fatal Car Crash with an Omaha Attorney’s Help
The aftermath of any fatal car accident can be a difficult situation for all involved parties, especially the family members of the deceased. If you recently lost a loved one to a traffic collision in Omaha, it may be in your best interest to pursue a wrongful death claim.
Fortunately, a dedicated lawyer at Berry Law can help you recover financially from both the short-term and long-term costs of another person’s negligence. To discuss what may be possible in your situation, call our firm today to set up a free consultation.