Nebraska Wrongful Death Lawyer


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The loss of a loved one is a situation that can affect family members, friends, and virtually anyone who knew the individual that passed away. When the death of a loved one is unexpected the loss can be even more difficult to bear.

Wrongful death is legally defined as a claim against another party or individual which alleges that the injury that led to wrongful death was caused by that party or individual’s actions. Wrongful death may also be claimed if an individual failed to act which resulted in a loved one’s death.

Who Can File a Wrongful Death Claim?

Each state has its own laws and regulations for filing a wrongful death suit, although in most states immediate family members may all be eligible to file a claim. Under Nebraska law the following persons may allege wrongful death:

  • Spouse
  • Children
  • Parent of Deceased
  • Financial Dependents

Furthermore, a wrongful death claim must be made within two years of the death of the individual.

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How Wrongful Death May Be Determined

Most importantly, a wrongful death claim must show proof of negligence or intentional wrongdoing. A number of people may file for wrongful death, however, they have to be able to show that the death of the person has financially harmed the family. In a two-income household the death of a loved will likely impact the average household income.

The evidence must be able to demonstrate that the party responsible for the death acted negligently, recklessly, or in some cases intentionally.

Due to the many types of causes of wrongful death, a claim may sometimes be made against more than one person or party. The following is examples of who a wrongful death claim may be made against:

  • A reckless driver
  • The designer of a dangerous road
  • Defective drug manufacturers
  • Medical personnel
  • An establishment that served alcohol to a clearly intoxicated driver

At Inkelaar Law we sympathize with how difficult it can be to deal with the death of a loved one, especially when it is unexpected. We are dedicated to helping victims suffering from the wrongful death of a family member or loved one and strongly believe that the parties responsible should be held accountable for their actions.

Contact us at 1-877-537-4665 to learn more about your legal rights.

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Wrongful Death Settlements

In order to prove the other party acted negligently, experts on specific fields may be called in to calculate that amount of damages a claimant may receive. For example, if the decedent was working in a particular industry an expert in that field may be called in to calculate lost wages.

Some other forms of compensation a wrongful death claimant may petition for include:

  • Medical Expenses
  • Burial Costs
  • Loss of Future Earnings
  • Pain and Suffering
  • Loss of Consortium

In some cases, next of kin may be able to ask for damages based on the pain and suffering damages that the individual experienced before dying. Expert testimony in these cases can assist in proving that certain damages, such as emotional distress or mental anguish, were endured. Furthermore, a wrongful death claim must be made within two years of the death of the individual.

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Causes of Wrongful Death

In order for a wrongful death claim to be filed there must some form of proof to show that the individual who caused the fatal injury acted negligently. It must also be proven that the deceased would have not died but for the recklessness of the responsible party.

Some common causes of wrongful death include:

Of the injury-related deaths that were reported in 2010, the four biggest causes were poisoning, motor vehicle traffic, firearms, and falls. The Center for Disease Control noted that more than 26,000 deaths were related to unintentional falls. Wrongful death lawsuits have to prove negligence, recklessness or intentionality on the part of the person responsible for the death.

Motor vehicle accidents accounted for 18% of injury-related deaths. And in Nebraska, more than 181 persons were killed in car wrecks and thousands more suffered nonfatal injuries.

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Contact our Nebraska Wrongful Death Attorney Today

When a loved one passes away, most people need time to heal. At Inkelaar Law we are committed to assisting you with your claim while you grieve. We understand how difficult this time can be and having someone you trust on your side can be very helpful.

By providing comprehensive legal counsel and guiding you through the entire litigation process, our highly skilled attorneys will work hard to help you get the compensation you deserve.

At the offices of Inkelaar Law, we have several offices located throughout Nebraska and are proud to serve the following areas:

  • Lincoln
  • Bellevue
  • Omaha
  • Freemont
  • Omaha

…and many more local towns and cities. To find out how if you may be eligible to fill a wrongful death claim, contact us for a free initial case consultation.

If you would like to start right away, fill out the ‘FREE CASE REVIEW’ form located at the top right hand corner of this page – it’s 100% FREE to submit and strictly confidential.

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