If you believe a loved one’s recent passing resulted from someone else’s negligence, you may have the right to file a wrongful death claim. Wrongful death attorneys help you focus on alleviating your suffering while taking steps to address the financial losses you’ve endured due to your loved one’s death.
Under Nebraska law, our wrongful death lawyers at Berry Law can help you pursue compensation for your losses and for your loved one’s losses in the wake of a negligence-based accident. You can schedule a consultation with our team today to learn more about the legal action to which your losses may entitle you.
Defining Wrongful Death in Nebraska
The state of Nebraska recognizes a “wrongful death” where a person passes due to another party’s wrongful act or neglect. If a descendant survives the circumstances that lead to the named party’s wrongful passing, that descendant can pursue legal action on behalf of the deceased.
There is some crossover between a wrongful death claim and personal injury claims. Personal injury claims represent the broader umbrella under which wrongful death injuries can be categorized. Specifically, all of the following personal injury accidents can result in wrongful deaths, thus allowing accident survivors to pursue applicable claims:
- Motor vehicle accidents
- Medical malpractice
- Defective products
- Workplace accidents
- Slip and fall incidents
Who Can File a Wrongful Death Claim in Millard, NE?
Nebraska Revised Statute §30-810 states that only personal representatives may bring a wrongful death claim on behalf of a deceased party. All Nebraska residents have the opportunity to name a personal representative during their lifetime. These parties can include direct family members, adopted family members, spouses, and/or legal representatives.
That said, several parties can benefit from a wrongful death claim should a deceased individual’s personal representative choose to pursue one. These parties can include:
- Parents of minor children
- Other dependents
All of these parties can contact legal representatives after the passing of a loved one to learn more about what legal action the state of Nebraska may entitle them to. Similarly, if your loved one didn’t elect a personal representative prior to their passing, our office can determine how your family might move forward in court.
Possible Damages in a Wrongful Death Lawsuit
When you pursue a wrongful death claim, you and your family may receive damages, or financial support, based on the death’s impact on your lives. As mentioned, the deceased’s spouse, dependants, children, and parents may all benefit from damages pursued in a wrongful death claim.
Nebraska law allows for the following types of damages to be awarded in cases of wrongful death:
- Reasonable costs associated with death and burial
- Loss of care, companionship, comfort, and consortium
- The monetary worth of the decedent’s income and services around the home
- Medical expenditures associated with the deceased person’s terminal sickness or injury
Wrongful death lawyers addressing a Millard accident can calculate the value of a wrongful death case during initial consultations with a loved one’s personal representative. To establish the possible value of your loved one’s case, we can generate the sum of your loved one’s accident-related bills and modify that total to include non-economic losses.
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Time Limit for Filing a Nebraska Wrongful Death Claim
The statute of limitations defines how long must have passed since the victim’s death before a lawsuit can be filed. Most claims for wrongful death in Nebraska must be filed within two years of the death of an injured party.
That said, there are some exceptions that can affect the statute of limitations on your claim. Millard families can meet with a wrongful death lawyer to discuss how long they have to bring a case together.
Liability in a Wrongful Death Case
To prove that your loved one’s passing resulted from undue negligence, you must indicate that the defendant:
- Behaved carelessly
- Deliberately engaged in negligence and/or recklessness
- Refused to take reasonable action and subsequently protect your loved one from harm
Your wrongful death complaint should also indicate that the defendant’s alleged misconduct resulted in your and your loved one’s direct financial losses. There are some cases in which you can hold multiple parties liable for your loved one’s losses, but you must present evidence of their engagement if you want to bring them to court. These parties can include:
- An unsafe or inexperienced driver or motor vehicle operator
- An individual or group of medical professionals
- Drug manufacturing companies
- Product manufacturers and designers
- A property owner who failed to maintain safe premises
File Your Case with a Compassionate Wrongful Death Attorney
At Berry Law, our team sympathizes with your grief. When we pursue compensation on behalf of Millard families, we commit to righting the wrongs done by a negligent party. Our team can explore your right to legal action and advise you as you bring a claim or lawsuit.
If you’re ready to pursue legal action against a negligent party, you can meet with our wrongful death lawyers today. Millard residents can schedule a free case consultation with a wrongful death attorney by contacting us online or at our office.