The death of a family member can be overwhelming and heartbreaking. Whenever another person’s carelessness causes a fatal injury, we believe they should be held liable by the deceased person’s family in a wrongful death claim.
An Omaha wrongful death lawyer 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.
Learn more about how we can help you by calling or filling out our online contact form.
Who Can File a Wrongful Death Claim in Omaha?
Nebraska allows immediate surviving relatives of the decedent to collect compensation in a wrongful death claim. However, a 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. An Omaha wrongful death attorney can help you determine if you qualify for compensation.
Why File a Wrongful Death Claim in Omaha?
Anyone who has lost a loved one understands how important it is to focus on your and your family’s well-being after the unexpected loss. However, moving forward with a legal claim is also essential in many cases.
Filing a claim with an Omaha wrongful death lawyer allows your family to seek compensation that can help you handle the financial burden of losing a loved one.
Building your legal claim can also help you hold the person at-fault for the accident responsible for their actions. You can secure a sense of closure for your family and force the responsible party to face accountability.
What Compensation does Your Family Receive in Omaha?
Determining the potential value of a wrongful death case can be complicated. However, 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 challenging to describe but typically include the following:
- Future loss of income
- Loss of benefits
- Loss of companionship
In most cases, Nebraska places no hard cap on potential damages, allowing your family to seek total compensation for the losses you face. You can learn more about possible damages with a wrongful death lawyer in Omaha, NE.
How does the Court Distribute Damages for Wrongful Death Claims?
In a wrongful death case, the court decides how much compensation to award to the beneficiaries of the decedent’s estate. The court typically distributes payment as a lump sum of money. However, periodic payments may be an option if your family settles the case outside of court.
We can discuss both options when you contact us after a fatal accident in Omaha. We believe in open communication and answering all questions for our clients while assisting with wrongful death claims.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
How does an Omaha Wrongful Death Accident Lawyer Help?
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. One key 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.
Pursuing a wrongful death claim without the support of an experienced attorney is very complicated. There are many procedural rules that overlap with the estate which can prevent a recovery if not addressed proactively with the court. Find out more with an Omaha wrongful death lawyer.
Why Hire Us for an Omaha Wrongful Death Claim?
Our team has experience with a wide array of fatal accidents that other less-experienced law firms have not handled. No matter what kind of incident your loved one was injured in, we will pursue maximum compensation for you and your family members.
We work aggressively to handle claims for clients in your situation, relentlessly striving to secure compensation for your family. At the same time, we treat your family with the compassion and care you need after losing a loved one.
We’ve handled cases since 1965, giving us a wealth of experience to draw on. You can learn more about how we handle claims by reviewing our case results.
When Can You File an Omaha Wrongful Death Claim?
You may file a wrongful death claim any time someone causes a deadly accident through negligence. While fatal car accidents are a prominent example, wrongful deaths can occur in many other ways. A wrongful death attorney in Omaha, NE, can help families after:
- Commercial truck accidents
- Pedestrian accidents
- Slip and fall cases
- Motorcycle collisions
- Other motorized vehicle accidents
- Defective products
- Work-related accidents
All 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. Additionally, navigating the procedural requirements of the court and understanding the claims available to the estate and the survivors requires significant experience.
Fortunately, an Omaha wrongful death lawyer can stand up for your family, assisting with all aspects of your claim.
Can You Settle an Omaha Wrongful Death Claim?
In many cases, an Omaha wrongful death attorney can bring your claim to the guilty party’s insurance company and work out a settlement agreement. While many insurance companies will be reluctant to pay for the full extent of your losses, our legal team can be incredibly persistent.
The wrongful death attorneys from our firm in Omaha, NE, know how to secure high-value settlements for grieving families. The keys to their success are our 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 the medical bills, funeral costs, and other losses and damages available to your family. 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.
How do You File a Wrongful Death Lawsuit?
While most fatal injury claims get settled out of court, we’re always prepared to bring a wrongful death case before a jury in Omaha, NE. We can:
- Present evidence related to your wrongful death case
- Call eye-witnesses to the stand
- Work to convince the jury that the at-fault party should be held responsible
Your Omaha wrongful death lawyer can 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. Find out more about the legal process by contacting us today.
How Long do You Have to File an Omaha Wrongful Death Claim?
According to Nebraska Revised Statute §30-810, you must file a claim no more than two years from the date of your loved one’s fatal accident. Failure to follow this statute of limitations can bar you from recovering compensation.
Keep in mind that exceptions to Nebraska’s statute of limitations can apply. Therefore, in some cases, you may have even less time to move forward with your claim.
We recommend contacting a wrongful death lawyer in Omaha, NE, immediately after an accident to determine how much time your family has to move forward. Then, we can help you avoid any pressing deadlines.
How Long do Omaha Wrongful Death Lawsuits Take?
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 get settled out of court. If a wrongful death case proceeds to litigation, it could be several years before we resolve the matter.
Once your Omaha wrongful death lawyer has learned more about your case, they’ll be able to give you a better estimate as to how long your lawsuit will take.
You Can Contact Us After a Deadly Accident in Omaha
The loss of a loved one is never easy to endure. When an unexpected death gets attributed to another party’s negligent actions, the decedent’s family can hold the responsible party accountable.
Compensation can include payments for both economic and non-economic losses. An Omaha wrongful death lawyer can help you understand which damages may be available for your family.
Contact our team of personal injury attorneys at Berry Law to schedule a free consultation about the options available to your family.