Omaha Wrongful Death Lawyer
After a death in the family, a lawsuit may be the last thing you want to face. However, if a loved one’s death was due to someone else’s negligent behavior, you could be entitled to compensation that your family may need in the aftermath of your profound loss. When you work with a knowledgeable Omaha wrongful death lawyer from Inkelaar Law, you can let your legal team manage your legal concerns and allow your family to focus on healing and recovery. En Español.
Wrongful Death Defined
Put simply, a “wrongful death” occurs when a person suffers an untimely death because of the negligent action of another. A wrongful death lawsuit is a civil case in which the family of the deceased seeks compensation from the negligent party.
In order to recover compensation, you must prove that the death resulted from the negligence of another and that the remaining members of the deceased person’s family are suffering financial loss due to that death. In addition, a party must be appointed to manage your loved one’s estate.
Requirements for Filing a Wrongful Death Claim
Nebraska law limits the number and type of individuals who are eligible to file a wrongful death claim, as well as the time frame within which such claims must be filed.
Generally, those entitled to recover in a wrongful death lawsuit include the husband or wife of the deceased, the children or parents of the deceased, or other financial dependents of the deceased person. The suit must be filed by the personal representative of the decedent for the benefit of the dependent family members.
A wrongful death lawsuit must be initiated within two years of the death by the individual impacted or an Omaha wrongful death attorney on their behalf, as established in Neb. Rev. Stat. § 30-810. After that time passes, all claims for that particular case will be disallowed.
Recoverable Damages in a Wrongful Death Lawsuit
Essentially, wrongful death lawsuits allow recovery for negligence that the deceased party or parties would have been entitled to recover for themselves had they survived the relevant incident. In this way, a wrongful death suit is similar to a personal injury lawsuit. Accordingly, the types of damages that may be recovered are similar to those available in many personal injury claims.
For instance, family members may be entitled to compensation to cover the cost of medical bills, funeral expenses, and damage to property. They may also receive compensation for both past and future projected lost income from the deceased.
In certain instances, the family may recover compensation for mental anguish and loss of consortium with the deceased.
Contact an Omaha Wrongful Death Attorney Today
When you have lost a loved one, the strain on your family can be tremendous, and financial pressures and worries can make this difficult time even more stressful. Since the time to file a wrongful death claim is limited and collecting the evidence needed to present the best possible case may take a while, it is often wise to contact an Omaha wrongful death lawyer as soon as possible to increase your chances of a successful recovery.
If you have a loved one who suffered an untimely death due to the wrongdoing of another, call Inkelaar Law today to learn what can be done in your case.