Any death is a tragedy, but the premature death of a minor child can be especially devastating. Even if you can hold someone else liable for causing your child’s untimely passing, no amount of compensation could fully make up for your loss. However, civil recovery can still play an important role in ensuring your financial stability in the future.
You should not suffer both emotionally and financially due to another person’s negligence. An Omaha Wrongful Death Lawyer can help you file suit over the wrongful death of a minor in Omaha so you can focus on your emotional well-being.
Holding Someone Liable for a Child’s Untimely Passing in Omaha
State law establishes wrongful death as a valid cause for civil litigation under Nebraska Revised Statutes §30-809. According to this statute, a person may file suit on behalf of a deceased family member if their death resulted from another person’s negligence. Any situation in which the deceased party could have sued for negligence can form the basis of a successful wrongful death claim.
Legal negligence plays the same role in wrongful death cases as it does in other injury claims. To obtain compensation, you must prove that the defendant breached a duty of care they owed to the decedent and directly caused your child’s premature death.
There are very few restrictions on wrongful death cases involving a minor victim. In fact, you may file suit for the wrongful death of a minor even if the child in question was still in utero at the time of their passing. However, state law specifically prohibits filing wrongful death cases involving unborn children against the child’s mother or any medical professional who legally assisted with the termination of the mother’s pregnancy.
Recovering Damages following the Death of a Minor
You can recover numerous economic and non-economic damages in a successful wrongful death case. These may include funeral and burial expenses, costs associated with your child’s medical care before their passing, loss of consortium, and loss of companionship. You may also pursue recovery for the pain and suffering of the deceased party before their death.
In the event of a minor’s wrongful death in Omaha, the child’s parents may be eligible to recover for future loss of society and services as well.
Talk to an Omaha Attorney about Filing Suit for a Minor’s Wrongful Death
There is nothing more tragic than the death of a child, especially if it occurs as a result of another party’s reckless or careless conduct. Pursuing civil litigation to hold responsible parties accountable could be an important step in moving forward from this traumatic event.
If successful, a lawsuit for the wrongful death of a minor in Omaha could help you achieve both financial stability and justice for your child’s passing. To learn more about your options, call Berry Law today to schedule a free consultation with a member of our team.