Omaha Wrongful Death Lawyer
Sometimes the injuries from an accident can be fatal to one or more of the victims. In these situations, the law compensates the families through a type of personal injury claim called a “wrongful death” case. In these cases, a representative of the deceased victim can bring a claim against the negligent party or parties that caused the death.
When you have lost a loved one in an accident, it can be difficult to think about the legal options you have at a time when you are usually focused on grieving. However, you only have a limited time in which you can file a claim. If you miss the deadline, you will be unable to seek justice on your loved one’s behalf, regardless of how wrongful the conduct was of the party that caused their death. Our Omaha wrongful death lawyers are dedicated to fighting for justice for families. Call us today for a free consultation.
Why Choose Miller Stockmann For Your Case?
When you are dealing with the loss of a loved one due to another person’s negligence, you need help from an attorney you can trust both personally and professionally. Miller Stockmann has the compassionate and skilled team you need.
- Our attorneys have more than 30 years of experience representing clients, and we have a track record of results, having secured more than $50 million in settlements and verdicts.
- We are fully committed to handling every aspect of a wrongful death case so our clients can focus on being with their families during this difficult time.
- We take all wrongful death cases on a contingency fee basis, meaning they will only pay legal fees after we secure a favorable settlement or verdict on their behalf.
Types of Accidents in Wrongful Death Claims
There are many different types of personal injury claims that can involve deadly injuries. Our Omaha injury lawyers can help families who are struggling with the loss of a loved one by handling their wrongful death claim on their behalf. Some of the common causes of wrongful death in Omaha include:
- Car Accidents: Auto accidents can cause fatal injuries to their victims. This is particularly true in accidents involving a large truck, motorcycle, pedestrian, or an individual who is susceptible to injury, such as a child or an elderly person.
- Work Accidents: Many jobs can be dangerous. Things like mining, manufacturing, construction, and truck driving have higher rates of fatal injuries to their workers, but the reality of the situation is that death on the job can affect any industry.
- Premises Liability: Premises liability, also known as “slip-and-falls,” can cause fatal injury to the victim, especially when the victim of the fall suffers a head injury.
Although these are the primary root causes of wrongful death, any type of personal injury accident can be converted into a wrongful death claim if the victim succumbs to their injuries.
What Do You Have To Prove For Wrongful Death?
There are various elements that need to be proven in order for a wrongful death case to be successful. These elements include:
- Duty. It must be established that the defendant (the alleged negligent party) owed a duty of care to the deceased person. This can be established in a variety of ways, depending on the type of case (i.e. medical malpractice, car accident, workplace incident, etc.)
- Breach. After a duty of care is established, your attorney will need to show that the defendant breached their duty of care to the deceased. This could be a driver who did not obey traffic laws, a mistake made by a doctor, an employer not ensuring a safe workplace, etc.
- Causation. A breach of duty alone is not enough to establish a wrongful death case. It will need to be shown that the defendant’s breach of duty actually caused harm to the deceased. For example, if a driver is impaired and crashed into the deceased, it needs to be shown that the death occurred due to injuries as a result of the defendant’s negligence.
- Damages. Finally, after establishing the breach of duty and causation, it will need to be shown that the deceased suffered damages. In a wrongful death case, the death itself is generally evidence enough to prove damages.
How Our Wrongful Death Lawyers Can Help
If your loved one was killed as the result of someone else’s negligence, you need to speak with a wrongful death attorney as soon as possible. We understand that it is a difficult time and that you may not feel up to being a participant in the legal process during this time, but you have limited time to file a claim. Even a brief, no-obligation phone call to our office can give you critical information to allow you peace of mind. There can be insurance limits to the amount your family can recover, and there can be confusion over who should file the claim on behalf of the deceased. Our attorneys can help ensure that you are able to seek justice on behalf of your loved one and make sure your family is compensated for the loss. If you would like to schedule a free personal injury case consultation at our Omaha, Nebraska, law office, please contact us today.
Miller Stockmann, PC, LLO is known for providing effective, compassionate and caring legal service for clients filing wrongful death actions. If you would like to see what our former clients have to say, we welcome you to read our client testimonials.
Gathering Evidence to Support Your Wrongful Death Claim
If you haven’t yet contacted an Omaha wrongful death lawyer about a possible wrongful death claim, it is important that you do so soon. In order for you to build a strong case, you will need all the available evidence. Our attorneys will personally conduct an investigation into the circumstances of your loved one’s death, documenting evidence, interviewing witnesses and taking photos of the scene.
What Are The Wrongful Death Statute of Limitations In Nebraska?
Each state sets time limits on how long a person has to file a wrongful death case after the loss of a loved one. In Nebraska, the statute of limitations for these cases is two years. This means that the family members, or the legal representative of the deceased person’s estate, must file a claim within two years from the date of death. In general, claims made after two years will be dismissed by the court.
Compensation Available In Wrongful Death Cases
It is important to understand that no two wrongful death cases are alike, and the total amount of compensation awarded in a settlement or verdict will vary from case to case depending on a variety of factors. However, our Omaha wrongful death lawyers will diligently work to secure the following compensation on your behalf:
- Funeral and burial expenses for the deceased
- The total cost of medical expenses the deceased experienced before they died
- Loss of future income and benefits of the deceased
- Pain and suffering damages
- Loss of companionship or parental guidance damages
- Loss of consortium damages for a spouse
- Court costs and legal fees incurred by the family
- Possible punitive damages against the negligent party
Contact Our Wrongful Death Lawyers Today
The earlier you one of our Omaha wrongful death attorneys involved and investigating the circumstances of your claim, the stronger your case will be. Feel free to contact our firm any time to schedule a free personal injury case consultation to discuss wrongful death. We are ready to help.