Omaha Wrongful Death Attorney

The sudden loss of a family member due to someone else’s negligence creates an overwhelming combination of grief and financial uncertainty. When preventable accidents, medical malpractice, or dangerous conditions lead to a death, families face not only emotional trauma but also unexpected expenses and lost income at the most vulnerable time.

At Knowles Law Firm, we understand the profound impact wrongful death has on families across Omaha and throughout Nebraska. With 55 years of experience in personal injury and wrongful death cases, our experienced attorneys have secured multi-million dollar settlements for families seeking justice after losing someone they care about. We handle these sensitive cases with the dedication and thorough preparation they deserve, allowing you to focus on your healing.

What Makes a Valid Wrongful Death Claim in Omaha, NE?

Nebraska law allows certain family members to pursue compensation when a death results from another party’s negligence, recklessness, or intentional actions. The key element in any wrongful death case is proving the death occurred due to circumstances that would have entitled the deceased to file a personal injury lawsuit if they had survived.

Common scenarios that may lead to valid wrongful death claims include:

• Vehicle accidents caused by distracted or impaired drivers
• Medical malpractice resulting from surgical errors or misdiagnosis
• Workplace accidents involving unsafe conditions
• Incidents involving defective products or dangerous property conditions

For example, if a patient dies due to a surgeon’s error during routine surgery, these situations typically meet the legal standard for wrongful death claims.

Who Can File a Wrongful Death Lawsuit?

Nebraska statute limits who can file a wrongful death lawsuit to protect families from multiple conflicting claims. The deceased person’s representative, typically named in their will or appointed by the court, files the lawsuit on behalf of eligible survivors. These survivors include:

• Spouses
• Children
• Parents
• Other family members who relied on the deceased for financial support

The process of filing a wrongful death case in Nebraska involves strict deadlines and procedural requirements that experienced wrongful death attorneys understand thoroughly.

How Is Compensation Determined in Omaha Wrongful Death Cases?

Wrongful death compensation varies significantly based on multiple factors specific to each case. Courts consider the deceased’s age, health, earning capacity, and life expectancy when calculating economic damages. The relationship between survivors and the deceased also affects compensation amounts.

Economic damages typically include:

• Lost wages the deceased would have earned throughout their lifetime
• Medical expenses related to the final injury or illness
• Funeral and burial costs

Non-economic damages account for the loss of companionship, guidance, and emotional support the deceased provided to family members. Additional considerations include the deceased’s contributions to household services and their role in family decision-making.

How Settlements Are Divided Among Survivors

When multiple family members are entitled to compensation, how a wrongful death settlement is divided depends on Nebraska law and the specific circumstances of each case. Courts typically consider factors such as:

• The financial dependency each survivor had on the deceased
• The nature and closeness of family relationships
• The age and needs of surviving children
• The surviving spouse’s ability to support themselves financially

The division process requires careful legal analysis to ensure fair distribution that reflects each survivor’s actual losses and needs.

Why Choose a Wrongful Death Attorney at Knowles Law Firm?

Wrongful death cases involve complex legal and factual issues that require thorough investigation and experienced legal representation. Insurance companies often attempt to minimize payouts by questioning liability or undervaluing damages, making experienced legal advocacy essential for protecting families’ rights.

At Knowles Law Firm, we conduct investigations to build strong cases for our clients. This includes collaborating with accident reconstruction specialists, medical professionals, and other experts who can provide testimony regarding liability and damages. We also handle all communication with insurance companies, allowing families to focus on grieving and healing rather than dealing with aggressive insurance tactics.

Our Family Business Approach

As a family business started by James Knowles, Sr., nearly 60 years ago, every attorney at our firm is a member of the Knowles family and understands the importance of treating clients with genuine care and respect. Unlike larger firms, where clients may never speak directly with their attorney, we provide personal cell phone numbers and email addresses so families can reach us when they need guidance or updates about their case.

Common Causes of Wrongful Death in Omaha

Vehicle accidents represent the leading cause of wrongful death cases in the Omaha area. Car accidents, truck accidents, and motorcycle accidents often result in fatalities when drivers operate vehicles while distracted, impaired, or fatigued.

Medical malpractice also leads to preventable deaths when healthcare providers fail to meet accepted standards of care. Other significant causes include workplace accidents at construction sites or industrial facilities, defective products that cause fatal injuries, and dangerous property conditions that result in deadly falls or other accidents.

Consult an Experienced Wrongful Death Attorney in Omaha Today

Losing a family member due to someone else’s negligence creates emotional and financial hardships that no family should face alone. Our experienced wrongful death attorneys have successfully recovered multi-million-dollar settlements for Nebraska families, providing them with economic security and a sense of justice during difficult times.

If you have lost a family member in an accident caused by someone else’s negligence, contact us today to discuss your legal options. We provide compassionate and experienced representation while fighting aggressively to secure the compensation your family deserves. Call (402) 431-9000 or complete a contact form to schedule a consultation with our wrongful death attorneys.

Frequently Asked Questions About Wrongful Deaths in Omaha

What Are Wrongful Death Claims?

Nebraska defines wrongful death as a death resulting from another party’s default, neglect, or wrongful act. If your loved one could have filed a personal injury claim had they survived, you may have grounds to pursue a wrongful death claim on their behalf.

Speak with our attorneys to determine if your case qualifies and how to proceed.

What Damages Are Available in a Wrongful Death Lawsuit?

Damages in a wrongful death lawsuit include economic damages such as medical and funeral expenses, loss of financial support, benefits, and services, as well as non-economic damages like pain and suffering, loss of consortium, and loss of care and guidance. Consult with our qualified attorney to help determine the specific damages applicable to your case.

How Are Wrongful Death Settlements Paid Out?

The two basic payout options in a wrongful death lawsuit are a lump-sum settlement and a structured settlement. In a lump-sum settlement, the recipient receives the full amount at once, enabling them to pay their debts upfront.

In a structured settlement, recipients get periodic payments over time, providing a consistent income stream but with less flexibility than a lump sum; the best option depends on the family’s specific situation.

How Much Is a Wrongful Death Lawsuit Worth?

The value of a wrongful death lawsuit depends on factors such as economic damages (like medical expenses and loss of financial support) and non-economic damages (such as pain and suffering, loss of consortium, and guidance). Each case’s worth varies based on the specifics of the incident, the deceased’s circumstances, and the impact on surviving family members. Consult with our attorney to accurately assess the potential value of your claim considering these factors.