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Most people will go through their life without ever facing the prospect of a wrongful death lawsuit. Unfortunately, some families that lose a loved one unexpectedly could find themselves considering legal action. If the passing of a family member resulted from the negligence of another entity or person, a lawsuit might be the best way to secure a measure of justice. These cases are complex, but an Omaha Wrongful Death Lawyer from Berry Law can guide families through the Omaha wrongful death case process.
Omaha Wrongful Death Case Process Guide
- What is a Wrongful Death?
- The Wrongful Death Claims Process
- How a Lawyer Can Assist Families Through the Wrongful Death Claims Process
- What is the Deadline for Filing a Wrongful Death Claim in Omaha?
- Contact Omaha Attorney Help with the Wrongful Death Case Process
What is a Wrongful Death?
A wrongful death occurs when a person dies due to the negligent, reckless, or intentional actions of another party. In other words, it is a death that could have been avoided if the responsible party had acted with reasonable care or followed the law.
Some common examples of situations that may lead to a wrongful death include:
- Car accidents caused by negligent or reckless driving
- Medical malpractice, such as surgical errors or misdiagnosis
- Defective products that cause fatal injuries
- Workplace accidents due to unsafe conditions or lack of proper safety equipment
In a wrongful death case, certain surviving family members of the deceased person or the decedent’s personal representative may be entitled to file a lawsuit against the responsible party to seek compensation for the family’s losses. These losses can include:
- Medical expenses related to the deceased person’s final injury or illness
- Funeral and burial expenses
- Lost income and benefits the deceased person would have earned
- Loss of companionship, guidance, and support
The purpose of a wrongful death claim is to provide financial support to the surviving family members and to hold the responsible party accountable for their actions. It is a civil legal action, separate from any criminal charges that may also be brought against the responsible party.
The Wrongful Death Claims Process
Certain steps should be followed when filing a wrongful death claim. These include:
Consulting an Experienced Wrongful Death Lawyer
Consulting a lawyer is crucial when filing a wrongful death lawsuit, as navigating the legal system and building a strong case can be complex and challenging. An experienced Omaha wrongful death attorney can provide invaluable guidance, support, and representation throughout the process, helping to ensure that the surviving family members’ rights are protected and that they receive the compensation they deserve.
A wrongful death lawyer can provide objective advice and help the family make informed decisions about their case. They can assess the strength of the claim, estimate the potential value of the damages, and advise on whether to accept a settlement offer or proceed to trial. If a fair settlement cannot be reached, an experienced litigator can present the case in court, advocate for the family’s rights, and work to secure a favorable outcome.
By working with a dedicated wrongful death attorney, surviving family members can improve their chances of obtaining the justice and financial recovery they need to move forward after their tragic loss.
Establishing Wrongful Death
When pursuing a wrongful death claim, lawyers must prove that the death was caused by the negligent or reckless actions of another party. To establish negligence, which is the most common basis for a wrongful death claim, attorneys must demonstrate four key elements:
- Duty of Care: The first element lawyers must prove is that the defendant owed a duty of care to the deceased person. This means that the defendant had a legal obligation to act in a manner that would not put others at risk of harm. For example, drivers have a duty to operate their vehicles safely and follow traffic laws to avoid causing accidents.
- Breach of Duty: Once the duty of care is established, lawyers must show that the defendant breached that duty through their actions or inaction. This means that the defendant failed to act in a reasonably prudent manner, given the circumstances. For instance, if a driver runs a red light and causes a fatal accident, they have breached their duty of care.
- Causation: The third element that lawyers must prove is that the defendant’s breach of duty directly caused the death of the deceased person. In other words, they must show that the death would not have occurred if not for the defendant’s negligent actions. This is known as “but for” causation. Lawyers may also need to prove that the death was a foreseeable consequence of the defendant’s actions, which is known as proximate cause.
- Damages: Finally, lawyers must demonstrate that the death resulted in damages to the surviving family members. These damages can include economic losses, such as medical expenses, funeral costs, and lost income, as well as non-economic losses, such as pain and suffering prior to the passing as well as loss of companionship for the surviving family member(s).
To prove these elements, lawyers may use various types of evidence, such as:
- Police reports and accident scene investigations
- Eyewitness testimony
- Expert witness testimony, such as accident reconstruction specialists or medical professionals
- Medical records and autopsy reports
- Photo and video evidence
- Documentation of financial losses
By gathering and presenting compelling evidence to support each element of negligence, lawyers can build a strong wrongful death case on behalf of the surviving family members.
Again, it’s important for families to work with an experienced wrongful death attorney who has the knowledge and resources to thoroughly investigate the case, identify the necessary evidence, and craft a persuasive legal strategy to seek the compensation the family deserves.
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Identifying the Personal Representative
The first step in any wrongful death case is identifying the personal representative of the loved one’s estate. In many jurisdictions, the surviving relatives of a deceased person have the right to pursue a lawsuit. However, that option is not available in Omaha.
Under Nebraska law, only the personal representative of the decedent’s estate may file a wrongful death case. However, the law does allow a personal representative to bring a claim for the benefit of the surviving spouse and next of kin.
While the representative is in charge of overseeing any wrongful death actions, there are other duties related to the estate they must attend to as well. In most cases, the decedent’s last will and testament, if one exists, will nominate someone to serve as the personal representative. A careful look at that document will determine if that individual has been identified.
Finalizing the Personal Representative
If the deceased’s will names someone as personal representative, and that individual is willing and able to serve, the court will generally accept that selection. However, the court has the final word on nominating the representative. There are many circumstances under which the judge is required to select the representative. Some common examples include:
- There is no will
- The will does not name a personal representative
- The person named is deceased
- The person named is unwilling or unable to participate
In these cases, the judge often appoints a family member to serve in the role. An attorney familiar with wrongful death claims can help families request this position and begin the case process.
How a Lawyer Can Assist Families Through the Wrongful Death Claims Process
Wrongful death lawsuits are complex, and any mistakes made during this process can have a damaging effect on the case. That is why handling these lawsuits without an attorney is risky.
Hiring a lawyer can put families in the best position to hold the negligent party accountable through a settlement or trial. Here are some key ways in which a Berry Law attorney can assist families:
Case Evaluation
A Berry Law lawyer can review the facts of a family’s case and help determine whether they have a valid wrongful death claim. They can explain their legal rights and options and help them make informed decisions about how to proceed.
Investigation during the Wrongful Death Case Process
Our attorney will conduct a thorough investigation into the circumstances surrounding a loved one’s death. This may involve gathering evidence, interviewing witnesses, and consulting with experts to build a strong case on the family’s behalf.
Filing the Claim
We will handle the process of filing the wrongful death claim prior to reaching the lawsuit stage, ensuring that all necessary documents are prepared and submitted correctly and on time.
Negotiating a Settlement
With an attorney on the case, one of the first steps we might take is to attempt to settle with the negligent person or entity. Many wrongful death cases are resolved through a negotiated settlement, especially when insurance policies are not disputing liability.
Moving Forward with a Lawsuit
There are times when settlements are not viable. This can occur when the defendant fails to accept responsibility or when the insurance company for the at-fault party has not made a reasonable settlement offer. When a settlement is out of the question, the next step is to file a wrongful death lawsuit and move the case toward trial.
Compassionate Support
Dealing with the loss of a loved one is emotionally challenging, and the legal process can be overwhelming. An attorney can provide compassionate support and guidance throughout the process, helping to alleviate some of the family’s stress and burden during this difficult time.
Maximizing Compensation
Our skilled wrongful death lawyers can help ensure families receive the full compensation to which they are entitled. We can identify all potential sources of recovery and work to maximize the damages awarded in our client’s case.
What is the Deadline for Filing a Wrongful Death Claim in Omaha?
In Nebraska, the statute of limitations governs the deadline for filing a wrongful death claim. Generally, families must file a wrongful death claim within two years of the date of the deceased person’s death. If the claim is not filed within this two-year window, the surviving family members may lose their right to seek compensation through the legal system.
However, some exceptions to this general rule may alter the filing deadline. Thus, it’s important for families to consult a lawyer as soon as possible to ensure all legal deadlines are met. A lawyer can also help surviving family members understand the specific statute of limitations applicable to their case and take the necessary steps to protect their rights.
Keep in mind that even if there are two years to file a lawsuit, it’s generally advisable for families to start the process as soon as possible. This allows their attorney more time to investigate the case, gather evidence, and build a strong claim on their behalf. Waiting too long may make it more difficult to locate witnesses, obtain necessary documentation, and preserve critical evidence needed to support the case.
Contact Omaha Attorney Help with the Wrongful Death Case Process
The Omaha wrongful death case process can be challenging for anyone. These complex lawsuits are even more difficult to manage when surviving family members are grieving. Individuals who lost a loved one because of someone’s negligence are encouraged to contact the Omaha personal injury lawyers at Berry Law today for a free consultation. We can help families pursue justice on their loved one’s behalf.
Berry Law – Omaha Office
Address:1414 Harney St, Suite 400,
Omaha, NE 68102
Phone: 402-466-8444
