Douglas County Wrongful Death Lawyer
While accepting the passing of a loved one is always difficult, this process may be even more heartbreaking and challenging to deal with if your family member died as a result of another party’s negligence.
In such cases, retaining a Douglas County wrongful death lawyer and filing a lawsuit for wrongful death may enable you to recover damages on behalf of a deceased individual’s estate. While proving wrongful death took place might present several unique legal challenges, you may be able to achieve a positive resolution to your case and obtain the compensation you and your family deserve with the help of a compassionate personal injury attorney from Inkelaar Law.
Examples of Wrongful Death Suits
Legal proceedings involving wrongful death claims may be initiated following any type of accident or negligence that results in an individual’s passing, from auto accidents and medical mistakes to dangerous products or even negative prescription drug interactions.
Essentially, any accident that could have been grounds for a personal injury lawsuit had the person survived could serve as grounds for a wrongful death lawsuit if the individual suffered fatal injuries. A wrongful death attorney from Douglas County can review the facts surrounding your specific case and advise you of the legal options available to you.
Eligible Filing Parties and Key Issues in Wrongful Death Cases
Wrongful death claims are typically initiated by the decedent’s surviving family members or estate representative. While the prospective beneficiaries of these claims are the deceased person’s spouse or children in most cases, the actual wrongful death claim itself should be filed by the legal representative of the decedent’s estate.
Success in a wrongful death suit might hinge on your ability to demonstrate certain critical issues, which includes negligence by the defendant. For example, depending on the nature of the accident, you may be expected to show that the defendant knew of or failed to address a dangerous situation, or that they executed some form of reckless or negligent behavior that precipitated the incident.
Potential Recoverable Damages
After proving negligence, you must also demonstrate that your loved one’s passing directly caused financial hardship for you and your family. Damages may be awarded to cover the medical expenses the decedent incurred prior to death, such as hospital bills, doctor consultations, medications, funeral expenses, loss of the decedent’s income, loss of care that the deceased individual would have provided, loss of companionship, and loss of inheritance.
Calculating specific dollar values for certain damages can be a complex process, especially for long-term losses that have yet to actually occur yet. Adjudicating bodies may consider factors including and not limited to the decedent’s age, whether the decedent had any dependent children, and the financial health of the decedent’s family.
The Statute of Limitations in a Wrongful Death Case
A decedent’s family and representatives are not afforded an indefinite duration to initiate a wrongful death claim. Nebraska Revised Statutes §30-810 mandates that any wrongful death claim must be brought forth within two years following the decedent’s death. Family members and loved ones of individuals who passed away due to wrongful death are advised to speak with a Douglas County attorney to begin filing a case within the required time period.
Work with a Douglas County Wrongful Death Attorney
A loved one’s death will always impact a family in immense and often unpredictable ways. If you suffer the loss of a loved one because of another person’s negligence, additional emotional hardship and serious financial consequences may result.
A Douglas County wrongful death lawyer could help if you are facing such circumstances. At Inkelaar Law, our team of compassionate personal injury attorneys can work with you to answer any legal questions you may have and help you pursue justice for yourself and all your loved ones. When you are ready, schedule a private consultation with one of our team members to get started on your case.