Please accept our sincere condolences if you lost a loved one due to someone else’s fault. You might be shattered and processing what went wrong. Holding the negligent entity accountable can offer some relief for the unjust.
You should consider filing a wrongful death claim in this case. Although it can’t bring your loved one back, it can provide for current and future financial needs. Consult our compassionate and, at the same time, aggressive personal injury attorneys serving Fremont, NE.
Defining Wrongful Death in Fremont, NE
Following Nebraska Revised Statute §30-809, wrongful death is defined as the death of an individual (including a fetus) due to the negligence, recklessness, or wrongdoing of another person, business, or government agency.
If you or your family is unclear on whether or not you may file a wrongful death lawsuit in Nebraska, contact our wrongful death attorneys who serve Fremont. Losing a loved one is always tragic, but you need to prove wrongful death to initiate a civil action over the death.
What Is Needed to Prove Wrongful Death in Fremont, NE?
Four key elements play a vital role in establishing a wrongful death claim. Making sure you and your loved ones are compensated adequately requires collecting proof.
Here is the evidence you’ll need to make your point:
- If you want to sue someone because of their negligence, you’ll have to prove that their carelessness or recklessness directly led to the death of your loved one.
- When claiming negligence on the part of a defendant, you must prove that the defendant owed them a duty and that they broke that obligation by their carelessness.
- You’ll also have to show that the defendant’s carelessness directly resulted in your loved one’s death.
- It is necessary to show monetary losses in a wrongful death lawsuit.
Our wrongful death lawyers serving Fremont, NE, can help prove the claim and satisfy each element. However, for the claim to be valid, it must be filed by the right family member.
Who Can Bring a Wrongful Death Claim in Nebraska?
In Nebraska, you must be the deceased’s Personal Representative to file a wrongful death claim. The personal representative of the deceased is the person who:
- Has the duty of settling the deceased person’s estate.
- Only a county court may appoint a Personal Representative, and this is done in a probate case.
- A probate case is brought before a county court judge to accomplish the following goals:
- Enable the personal representative to handle your affairs such as, settle your bank accounts and holdings in stock.
- Settle your estate’s tax obligations.
- Distribute the estate’s wealth among the beneficiaries.
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Who Can Be Appointed by the Court as a PR to Handle these Affairs?
The deceased’s Will usually serves as the deciding factor. The Will may name a specific individual as a Personal Representative and also provide an alternate individual in the event that the first choice does not want or is not able to fill this role. If the Will is silent as to the Personal Representative or if there is no Will, an individual with an interest in the estate may request to be appointed as the Personal Representative if they meet certain requirements.
The same holds for the distribution of property in wrongful death lawsuits filed in Nebraska. The court will adhere to the desires of the decedent’s Will regarding the distribution of their estate. Alternatively, if the deceased doesn’t leave a Will, Nebraska law will dictate who will serve as PR and what will happen to the deceased’s property.
The PR is distributed according to a preference schedule. Here’s an example:
- If a man dies without leaving a will, his surviving spouse will automatically become his personal representative.
- If a man passes away without a surviving spouse, his biological child(ren) would be appointed personal representative.
A probate attorney can go over this process with you in more detail. However, in general, the personal representative is in charge of several different duties. Managing a wrongful death case is one of these jobs. They can hire a counsel to submit the claim on behalf of the Estate of the Deceased. While workers’ compensation funds are given to the deceased person’s surviving family members, settlements from wrongful death lawsuits go to the decedent’s estate.
It would be best if you thus got in touch with our legal team as soon as possible. Not all wrongful death lawsuits go to trial. A common alternative is negotiating a settlement with the party responsible for the death.
Negotiating a Settlement in Cases of Wrongful Death
Successfully settling a dispute may improve your life in several ways. It’s possible to avoid having to testify in a public trial about the death, which might bring up sad memories. Our legal staff negotiates with the defendant party aggressively, keeping your interests in mind.
You must remember that a settlement might not always get you a fair compensation amount, which is why we suggest consulting our wrongful death attorneys who serve Fremont. We will evaluate your case and suggest the right legal course of action.
Compensation for a Wrongful Death Claim
Settling might provide the compensation you deserve. However, for fair compensation, you must know what damages you are entitled to in a lawsuit. These are the damages you can file a claim for in case of wrongful death in Fremont:
- Lost wages or earnings
- Lost benefits
- Pain and suffering
- Medical expenses to treat your loved one’s final illness or injuries
- Burial and funeral expenses
- Loss of consortium, in some circumstances
Some losses may be difficult to quantify precisely. It might be challenging to evaluate how much your loved one’s pain and suffering are worth to award monetary damages. Consult with one of our legal professionals to go over the specifics of your case and assess the possible value of any wrongful death compensation you may be entitled to.
Another important aspect is filing the claim on time. There is a time limit as levied by Nebraska law on wrongful death lawsuits.
Deadline for Filing a Wrongful Death Lawsuit in Fremont, NE
The personal representative in every state has a certain amount of time to bring a wrongful death lawsuit before the state’s statute of limitations bars the case. Generally speaking, the statute of limitations in Nebraska is two years from the decedent’s date of death. However, we recommend that you consult with our attorneys to determine the statute of limitations that applies to your case.
Contact our wrongful death lawyers for a legal consultation.
Our Compassionate Wrongful Death Lawyers Can Help After an Accident in Fremont
Contact our wrongful death lawyers serving Fremont, NE, at Berry Law for a free consultation if you believe that the death of a loved one was the consequence of the carelessness or negligence of another party.
We have assisted Nebraskan families in obtaining the compensation and now let us help you. Our compassionate lawyers will take care of all the aspects of your claim and help you obtain deserving compensation.