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No financial award of any size can make up for the loss of a loved one after a tragic accident. That being said, compensation obtained through a wrongful death claim can help ensure that a decedent’s surviving family members do not have to suffer through financial struggles while dealing with the emotional aftermath associated with the loss of a loved one.
With help from a qualified attorney, you may be able to recover a variety of damages in an Omaha wrongful death case. An Omaha Wrongful Death Lawyer at Berry Law can help you understand the stipulations and avoid potential obstacles in Omaha wrongful death cases.
Recoverable Losses Following a Wrongful Death
If you can prove that another person or entity’s negligence directly caused your loved one’s wrongful death, Nebraska Revised Statutes §30-809 allows you to recover any monetary losses you have suffered as a result of the decedent’s passing. You may be able to recover any expenses incurred by the decedent prior to their death as well.
Most wrongful death cases seek to recover economic losses suffered by a victim’s surviving family members, such as medical expenses and costs associated with funeral and burial services. Family members may also be eligible to recover lost occupational and household support the decedent would have provided them, as well as lost care, companionship, and emotional support.
If the deceased party experienced significant pain and suffering before their passing, an Omaha wrongful death case could also seek damages for that. However, it is important to note that surviving family members cannot pursue compensation for their own suffering experienced after their loved one’s wrongful death.
While certain damages may have objective monetary values, the court’s valuation of others may vary based on factors such as the decedent’s age, occupational status, and expected future income. A dedicated attorney at Berry Law could work on your behalf to ensure fair and accurate compensation in an Omaha wrongful death case.
Who Can Pursue Compensation in an Omaha Wrongful Death Claim?
According to Neb. Rev. Stat. §30-810, only the decedent’s estate representative may seek damages for wrongful death on their behalf in Omaha. Furthermore, any damages this representative is able to recover must be on behalf of either the decedent’s estate or their surviving spouse and next of kin.
If any criminal charges were filed against the at-fault party for an accident, a wrongful death case may proceed concurrently and without regard to the criminal case’s outcome. Likewise, if an accident results in the deaths of both involved parties, the representative for the party who was not at fault can seek damages from the estate of the at-fault party.
Pursuing Wrongful Death Damages with an Omaha Attorney’s Help
In some ways, recovering damages in an Omaha wrongful death case works exactly the same way as any personal injury. In other ways, though, these cases are vastly different, and someone without expertise in Nebraska civil law may struggle to achieve a positive resolution to their claim.
To speak with a legal professional about your case, call Berry Law today.
