A wrongful death is a death that has been caused by the negligence of someone else. Essentially, it means doing something that a reasonable person or company would not do under the same circumstances OR doing something that a reasonable person or company would not do in the same situation.
In the case of a wrongful death, the law can compensate certain close relatives of the deceased with monetary damages. It is a murky and difficult part of law to understand – and one that is filled with many emotions – so it is important to reach out to a wrongful death lawyer who can help you understand your wrongful death lawsuit, comfort you in your time of need, and ensure that you do not face more trauma. As such, it can sometimes be easier to learn about your rights and some of the regulations before talking to a lawyer – which is why we made this wrongful death lawsuit FAQ guide.
Who can file a wrongful death lawsuit?
Most states require that a wrongful death lawsuit be filed by a court-appointed personal representative of the estate of the deceased person or persons. This representative typically files the lawsuit for the benefit of the deceased’s surviving spouse and/or children children, if there are any. In some cases, more distant relatives may be able to listed as the representative in the wrongful death lawsuit. Often, courts will appoint one of the claim beneficiaries as the representative.
What damages are recoverable in a typical wrongful death lawsuit?
If liability for a wrongful death lawsuit was established in a Nebraska court, there will be civil damages awarded to the estate, surviving family members, or both. Some of these may include:
- Any medical bills related to the deceased person’s final illness or injury;
- Lost compensation, including the wages and benefits the deceased would likely have earned if he or she were still alive;
- Pain and suffering endured by the deceased;
- Loss of care, companionship, comfort, and guidance of the deceased person;
- Compensation for reasonable funeral and burial expenses, and
- Lost household services the deceased person performed, like chores, childcare, and repairs.
Are there time limits for bringing a wrongful death lawsuit?
Yes, there is a time limit. However, there are some factors that may affect the statute of limitation, so it is a good idea to talk to a lawyer as soon as possible following the loss of your loved one if you think you have a case.
If I bring a wrongful death lawsuit, will I have to go to court to fight?
With almost any lawsuit that you file, there is a chance that you will have to go to court to fight – so it is essential that you are prepared to do just that. However, with a skilled wrongful death attorney, there is a chance that the case could be settled out of court. Most lawyers will try to do just that to prevent you from having to relive the tragedy over and over again.
Contact Our Wrongful Death Lawyer Today
If someone that you love has passed away and you think it was the result of the negligence of someone else, you should have compensation for medical costs, lost wages, and other damages. An Omaha wrongful death attorney, Matthew Miller will represent you, fighting hard to get you what you deserve and helping to abate some of the pain caused by the death.
Contact us today, and we will immediately start working for you and looking into your claim. You can either give us a call at (402) 558-4900 or fill out the contact form and we will be in touch.