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Victims of high-speed collisions and rollover accidents on Omaha highways rarely walk away with minor injuries. In some of the most severe car wrecks, a driver or passenger could lose their life.
In the aftermath of a serious collision, 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 Omaha’s wrongful death lawyer, you can help protect your family’s future by recovering various financial and personal losses stemming from a fatal car accident in Omaha, NE.
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 addressing broken bones, traumatic brain injuries, spinal cord injuries, and all medical care directly related to injuries resulting from a liable party’s negligence
- Loss of financial support
- Loss of household support
- 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.
Exceptions to the Rule
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 an Omaha car accident attorney in Omaha to ensure that your claim meets all relevant statutory deadlines and maximize your chances of success.
Weighing Your Insurance Policy Against a Personal Injury
When to Take Action in Civil Court
As mentioned, you need to bring your concerns regarding a fatal car accident forward within two years of the day that collision occurs. Nebraska courts can dismiss your right to a fair settlement if you try to file a claim after that deadline passes.
That said, neither you nor your auto accident lawyers need to take that full two-year period to gather evidence regarding your losses. In fact, the sooner you act, the more effective the evidence you deliver to a court can be.
Bystanders’ memory of an incident fades over time, making their witness statements less reliable. Liable parties can unlawfully destroy evidence if you take too long to act.
With that in mind, reach out to an experienced auto accident attorney in Omaha as soon as possible after a wreck. When we make the most of the time in which you have to act, we have a greater chance of building a case that effectively and comprehensively addresses your loved one’s fatal collision.
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How to Take Action in Civil Court
If you want to take action against a negligent driver in civil court, you need to work with a personal injury attorney to compose a complaint. Fatal car accident complaints, which can otherwise be referred to as claims, allow you to argue for your right to financial compensation after a devastating accident.
You can specifically use an accident claim to identify what kind of accident you endured, from a rear-end collision to a drunk driving accident.
However, your accident claim should primarily elaborate on the duty of care you were owed at the time of your collision and the means through which you believe a liable party violated that duty.
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 Omaha 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.
What Can Personal Injury Attorneys Do for You After a Fatal Accident?
Scheduling an initial consultation with a car wreck lawyer after a troubling collision may not be the first “to-do” you have on your priority list. However, meeting with an attorney can help you do more than bring together the paperwork you need to fight for financial compensation after a fatal collision. Fatal car accident attorneys in Omaha, NE, can specifically:
- Gather evidence of negligence from the scene of your collision
- Locatee bystanders and take down their observations
- Communicate with negligent parties on your behalf
- Arrange out-of-court settlement negotiations
- Keep track of your filing deadlines
- Help calculate the total value of your losses
In other words, our team takes the stress of addressing your losses off of your plate. As a result, you can focus your energy on addressing your devastating loss and contending with your grief.
Take Action After a Fatal Car Crash with an Omaha Attorney’s Help
The aftermath of any fatal car accident can be difficult for all involved parties, especially the deceased’s family members. 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, an Omaha car accident wrongful death lawyer can help you recover financially from both the short-term and long-term costs of another person’s negligence. Call Berry Law today to set up a free consultation to discuss what may be possible in your situation.
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