Fremont Wrongful Death Lawyer
If you lost a loved one in an accident that someone else caused, you may be able to pursue financial restitution for some of your resulting damages and losses. The laws regarding wrongful death vary from state to state, but Nebraska defines it as a case that could have been brought to court as a personal injury lawsuit if the deceased party survived the incident.
Filing a lawsuit may be the last thing on your mind after the death of a family member. One of our compassionate personal injury attorneys may be just the ally you need to help you through this stressful and emotional period. If retained for your case, a Fremont wrongful death lawyer from Inkelaar Law could help you every step of the way towards recovering emotionally and financially.
Types of Wrongful Death Lawsuits
If someone close to you dies due to the negligence or reckless act of another person, you may have a valid cause for a wrongful death lawsuit. For example, if a drunk driver gets into a car wreck that claims the life of another person, Nebraska law allows the surviving children, spouse, or parents to file a wrongful death lawsuit.
Similarly, if a person passes away from being overprescribed medication by a doctor or other health professional, their family should also be able to file on their behalf. Taking the time to talk with a Fremont wrongful death lawyer could be the first step toward establishing fault and pursuing financial recovery in such a situation.
Seeking Damages for Wrongful Death
According to Nebraska Revised Statutes §30-809, a wrongful death lawsuit can be filed on behalf of a deceased person’s estate by their surviving family members. The legal representative of the estate is the one who should talk to a Fremont wrongful death attorney to file suit.
In Nebraska, a wrongful death lawsuit is a civil lawsuit for which successful plaintiffs may be awarded financial compensation. In such a suit, the decedent’s personal representative for their estate can seek damages for losses such as:
- Funeral or cremation expenses
- Medical bills for the deceased
- The value of benefits and lost wages
- Pain and suffering on the part of the deceased
- Loss of companionship and guidance
- Lost value of household services like childcare and repairs
Although it is possible to seek damages for the deceased party’s pain and suffering. Nebraska courts do not allow families to ask for damages for their own pain and suffering in wrongful death cases. When the judge makes their determination about financial damages, they consider the age of the person who passed away, their contributions to the household, their work situation, and several other factors.
Time Limits on Filing for a Claim
According to Nebraska Revised Statutes §30-810, the statute of limitations for filing a wrongful death lawsuit is two years. This means that the parents, spouse, or children of the person who passed away must file their case within two years or risk being barred from receiving any compensation for their damages. Therefore, you should seek the services of a Fremont wrongful death lawyer as soon as possible.
Work with a Fremont Wrongful Death Attorney
If you suspect that a loved one’s death was wrongful and due to someone else’s negligence, it is important to keep all medical records and police reports. If you bring that documentation with you when you meet with us here at Inkelaar Law, we may be able to more effectively help you pursue financial damages for the death of your loved one.
Even if the wrongful death occurred more than two years ago, it may still be a good idea to contact a Fremont wrongful death lawyer and review your options. Proving wrongful death can be a complex process, but can be made easier by finding experienced legal counsel. Call Inkelaar Law today to discuss your case.