Omaha Wrongful Death Lawyer

The death of a family member can be overwhelming and heartbreaking. Anyone who has lost a loved one understands how important it is to focus on you and your family’s well being after the unexpected loss. Whenever another person’s carelessness causes a fatal injury, they should be held liable by the deceased person’s family in a wrongful death claim.

However, wrongful death cases can be very complex. Even if a plaintiff can demonstrate that another person’s negligence caused the accident, a claim for wrongful death must make an accurate accounting of the financial losses and emotional damage suffered by the decedent’s family.

A wrongful death attorney from Omaha, NE, can help surviving family members pursue a claim against private citizens, corporations, and insurance companies. The experienced personal injury lawyers at Berry Law handle every case with compassion and determination, and they will work to collect the full compensation needed to protect your family’s financial future.

Who Can File a Wrongful Death Claim in Omaha?

State law allows immediate surviving relatives of the decedent to collect compensation in a wrongful death claim. However, the personal representative of the decedent’s estate must be the one to submit the civil lawsuit.

Several individuals may be eligible to receive damages in a wrongful death claim. First, the surviving spouse of the deceased individual and any surviving children may collect compensation. If the decedent’s mother or father survives them, these parties may also seek damages. A wrongful death attorney from Omaha, NE, can help you identify qualifying parties.

Proving a Fatal Accident Case

In many respects, a wrongful death case is similar to other personal injury claims. A plaintiff must prove that the defendant was responsible for the injury that resulted in death. The only difference is that the plaintiff in a wrongful death is a personal representative of the decedent.

One common way to prove liability is to establish that the defendant was negligent. For example, in the case of a car accident, all drivers maintain a duty to protect other people they encounter on the road. If they fail to do so, they may be held responsible for any resulting damages or injuries.

When a plaintiff can show that a defendant was negligent and caused a fatal accident, they can prove that the defendant is responsible for providing compensation to the decedent’s family. While car accidents are a prominent example, wrongful deaths can occur in many other ways. These include:

• Commercial truck accidents
• Pedestrian accidents
• Slip and fall cases
• Medical malpractice
• Motorcycle collisions
• Homicides
• Nursing home abuse
• Other motor vehicle accidents
• Defective products
• Work-related accidents

Our Wrongful Death Attorneys Will Negotiate With Insurers in Omaha, NE

To obtain the compensation you and your family members deserve, your lawyer must bring your claim to the guilty party’s insurance company and work out a settlement agreement. Most insurance companies will be reluctant to pay for the full extent of your losses, but you’ll find that our legal team can be incredibly persistent.

The wrongful death attorneys from our firm in Omaha, NE, have secured high-value settlements for hundreds of grieving families. The key to their success is their exceptional negotiating skills and experience dealing with stubborn insurers.

Our team won’t give up until they’ve secured a payment that covers all of your medical bills, funeral costs, and other losses. However, if the insurance company refuses to increase its offer after weeks of intense negotiations, we may have to file a lawsuit against the guilty party.

Your Lawyer Will File a Wrongful Death Lawsuit on Your Behalf

While most fatal injury claims are settled out of court, our attorneys are always prepared to bring a wrongful death case before a jury in Omaha, NE. They’ll present evidence related to your case, call eye-witnesses to the stand, and convince the jury that the at-fault party should be held responsible for their negligent actions and the death of your loved one.

Your lawyer will provide clear updates throughout the entirety of the trial. They’ll also be available to address any questions or concerns you have about your case. Once your lawsuit has reached a conclusion, there’s a high likelihood that you and your family will receive a jury verdict that accounts for the financial loss and emotional suffering you’ve experienced.

Length of a Wrongful Death Lawsuit in Omaha, NE

The length of a wrongful death lawsuit from start to finish depends entirely on the facts of the case. Some wrongful death claims may be concluded in under a year, although this is more of an exception to the rule.

Lawsuits, in general, tend to take far longer than cases that are settled out of court. If a wrongful death case proceeds to litigation, it could be several years before the matter is resolved. Once your lawyer has learned more about your case, they’ll be able to give you a better estimate as to how long your Omaha, NE, wrongful death lawsuit will take.

Calculating Damages in an Omaha Wrongful Death Case

Determining the potential value of a wrongful death case can be complicated. According to Nebraska Revised Statute §30-810, you can claim compensation for any medical expenses and burial costs accumulated due to the incident. The statute also states that surviving family members can claim non-economic damages. These damages can be difficult to describe but typically include:

• Future loss of income
• Loss of benefits
• Loss of companionship

Nebraska places no hard cap on potential damages, but it does limit when a plaintiff can bring a case. According to Nebraska Revised Statute §30-810, you must file a claim no more than two years from the date of death. Failure to follow this statute of limitations can bar you from recovering compensation.

How Is Financial Recovery Distributed?

In a wrongful death case, the court decides how much compensation is awarded to the beneficiaries of the decedent’s estate. Payment is typically distributed as a lump sum of money. However, periodic payments may be an option if your family settles the case outside of court.

Our team has experience with a wide array of fatal accidents that other less experienced law firms haven’t handled. No matter what kind of incident your loved one was injured in, one of our wrongful death lawyers in Omaha will be able to pursue maximum compensation for you and your family members

Consult an Omaha Wrongful Death Attorney

The loss of a loved one is never easy to endure. When an unexpected death is attributed to another party’s negligent actions, the decedent’s family can hold the responsible party accountable. Whether this involves a case of negligence or criminal activity, an at-fault defendant is liable to compensate the decedent’s family.

Compensation can include payments for both economic and non-economic losses. A wrongful death lawyer from our Omaha, NE firm can help you understand which damages may be available for your family. Contact the team of personal injury attorneys at Berry Law to schedule a free consultation.