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In Omaha, Nebraska, specific requirements must be met to successfully prove a case of wrongful death. This includes establishing negligence on the part of the defendant.
At Berry Law, we aim to empower our clients by helping them understand the legal process and their rights in wrongful death claims.
Our goal with this learning resource is to provide an overview of how negligence is determined in Omaha wrongful death claims and how our Omaha wrongful death attorneys prove vital in the process
What Is Negligence In an Omaha Wrongful Death?
In general terms, negligence refers to the failure to exercise reasonable care or caution that results in harm or injury to another person.
In a wrongful death context, negligence can be defined as a failure to take necessary actions to prevent someone’s death when they had a duty of care towards the deceased individual.
Four elements must be proven for negligence to be established in Omaha wrongful death claims:
- Duty of care: The responsible party owed the deceased a legal duty of care. For example, doctors have a duty of care towards their patients.
- Breach of duty: The defendant failed to fulfill their duty of care towards the deceased. This can include actions such as reckless driving or medical malpractice.
- Causation: The breach of duty directly caused the death of the individual.
- Damages: The surviving family members have suffered damages as a result of the death, such as financial loss or emotional distress.
Though the concept of negligence may seem straightforward, it can often be challenging to prove in a wrongful death case.
This is where the experience of award-winning wrongful death attorneys in Omaha, like those at Berry Law, is crucial.
What Accidents Can Lead to Omaha Wrongful Death Claims?
As with any personal injury case, a wrongful death claim can arise from a variety of accidents and situations. Common types of incidents that may lead to these claims include:
- Pedestrian accidents
- Bicycle accidents
- Slip-and-fall accidents
- Medical malpractice
- Workplace accidents
- Product liability cases
The critical factor is determining if the accident was caused by someone else’s negligent actions or failure to fulfill their duty of care.
For example, in motor vehicle accident cases, road users have a duty of care towards each other to follow traffic rules and drive safely.
However, proving negligence can be more complex in medical malpractice or product liability cases.
In these situations, the duty of care may be established based on industry standards, regulations, or specific laws.
No matter the accident or situation, contacting an experienced personal injury law firm is essential whenever a breach of duty of care is suspected.
The longer surviving family members delay seeking legal representation, the harder it may be to gather crucial evidence needed for a successful Omaha wrongful death claim.
What Actions Qualify As Negligent In a Wrongful Death Case?
Generally, any action or failure to act that falls below the standard of care expected in a specific situation can be considered negligent.
Common examples of negligence that may lead to a wrongful death case include:
- Failure to diagnose or treat a medical condition correctly
- Not maintaining safe premises leading to slip-and-fall accidents
- Manufacturing and selling faulty products
- Drunk driving or other reckless behavior while operating a vehicle
These actions can be used to prove causation or a direct link between the defendant’s actions and the death of an individual.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
How Does An Omaha Wrongful Death Attorney Prove Negligence?
Proving negligence in Omaha wrongful death claims requires extensive knowledge of both Nebraska state laws and the legal system. At Berry Law, we combine our understanding of the law with tireless dedication to:
- Gathering evidence: Our experienced attorneys will gather all necessary evidence, such as medical records, accident reports, and witness statements to build a strong case.
- Conducting thorough investigations: We leave no stone unturned to uncover the truth and establish negligence. This may include hiring experts or consulting with various specialists in relevant fields.
- Utilizing expert testimony: In complex cases like medical malpractice or product liability, we may use expert testimony to prove that the defendant failed to fulfill their duty of care.
- Aggressive negotiation: Our attorneys are excellent negotiators who aggressively advocate to ensure maximum compensation.
- Litigation: If necessary, we are prepared to take a wrongful death case to court and argue the defendant’s negligence and the damages suffered by our clients in front of a judge or jury.
With our assistance, surviving family members don’t have to worry about the complicated legal process or its specific filing criteria and deadlines.
What Damages Can Be Recovered In Omaha Wrongful Death Claims?
In Nebraska, surviving family members can potentially recover various damages through a wrongful death claim, including:
- Medical expenses related to the deceased’s final injury or illness
- Funeral and burial expenses
- Loss of future income and benefits that the deceased person would have provided
- Pain and suffering experienced by the deceased before their passing
- Loss of companionship, guidance, and support for surviving family members.
Though no amount of compensation can bring back a loved one, recovering these damages can provide financial stability during a difficult time.
How Do I Know If I Have A Valid Wrongful Death Claim In Omaha?
Scheduling a free case evaluation is the best way to understand whether a claim is valid. Generally, surviving family members may have the right to assert a claim if:
- The negligent act of another party caused the death.
- The deceased person would have had the grounds to file a personal injury claim if they survived the accident.
- Surviving family members have suffered damages as a result of the death.
Even without these general criteria, pursuing legal action may still be possible as long as the death occurred within the past two years.
Who Can Pursue Omaha Wrongful Death Claims?
Nebraska has specific laws dictating who can pursue a wrongful death claim on behalf of the deceased person. The responsibility first falls on the legal representative for the decedent’s estate.
If the deceased person did not have a will or managed estate, the responsibility could pass to the next of kin, which may be a:
- Spouse
- Child
- Parent
- Sibling
A legal guardian may also be able to file a claim on behalf of a minor child. When it is uncertain who is responsible for pursuing the claim, the court may appoint a representative to act on behalf of all surviving family members.
How Long Does It Take To Determine The Outcome Of A Wrongful Death Claim In Omaha?
The duration of a case can vary significantly depending on case complexity. Some claims may be resolved in a few months, while others can take years.
Factors that can impact the timeline include:
- The amount of evidence needed to prove negligence
- The willingness of the defendant to negotiate or settle
- Litigation processes and court schedules
Time is a crucial factor in these cases, so it is important to seek legal representation as soon as possible. At Berry Law, our attorneys work diligently to expedite the process and provide timely resolutions for our clients.
Negligence in Omaha Wrongful Death Claims FAQ
What happens if I didn’t know that someone else’s negligence caused my loved one’s death?
In these situations, Nebraska has some limited exceptions to its typical two-year statute of limitations for wrongful death claims. These exceptions may sometimes allow a wrongful death claim to be filed within a limited time from the date that the cause of death was discovered or reasonably should have been discovered. But, these exceptions can be challenging to prove applicable, and there are times when the statute of limitations for wrongful death claims may be as little as one year, without exception. It is wise to consult an experienced attorney to understand how this may apply to a particular case.
What if the defendant in a wrongful death claim has died?
If the party responsible for causing the death is deceased, it may still be possible to pursue legal action against their estate. This process is complex and best navigated with the help of an attorney.
Can I file a wrongful death claim if criminal charges have already been filed?
Yes, it is possible to file a claim even if criminal charges have been filed against the responsible party. A wrongful death claim is a civil case and can proceed independently from any criminal proceedings.
What happens if I miss the filing deadline for Omaha wrongful death claims?
If the filing deadline is missed, it is unlikely that a wrongful death claim will be successful. This is why it is crucial to seek legal representation as soon as possible after a loved one’s death. An attorney can help ensure all necessary deadlines are met and increase the chances of a successful outcome.
Does the court representative receive all the compensation, or will it be divided among surviving family members?
The compensation received is typically divided among the surviving family members based on their relationship to the deceased and their level of loss. The representative, whether appointed by the court or chosen by the family, is responsible for distributing the compensation fairly among all eligible parties.
Do all family members have to agree to file a wrongful death claim?
No, all family members do not have to agree to file. However, it is essential for all surviving family members to be aware of the legal action being taken and their potential involvement in the case. In some situations, not all family members may be eligible to receive compensation from the claim.
What if there are multiple parties at fault for my loved one’s death?
If multiple parties are responsible for causing a loved one’s death, most often a single claim will be asserted against all responsible parties. This will depend on the case’s specific circumstances and should be discussed with an attorney.
Trust Berry Law To Prove Negligence in An Omaha Wrongful Death Case
With all the complexities involved in proving negligence in Omaha wrongful death claims, it is vital to have an experienced law firm working to prove negligence and secure maximum compensation after a loved one’s death.
At Berry Law, our attorneys have successfully handled numerous wrongful death cases. They are dedicated to providing compassionate and effective legal representation for our clients.
Contact us today to schedule a free consultation and learn how we can help.
