Losing a loved one is always difficult, but it can be incredibly challenging when that death results from another person’s negligence. If you find yourself in this situation, you may be wondering if you have any legal recourse. The answer to that question depends on various factors, but in general, if your loved one died as the result of someone else’s careless or reckless behavior, you may have grounds for a wrongful death claim. For assistance, contact The Knowles Law Firm today to schedule a free consultation.
What Is Wrongful Death?
A wrongful death can be defined as the termination of life due to an injury or illness that could have reasonably been prevented had proper care been taken. In other words, if your loved one died as the result of someone else’s negligence, you may have grounds for a wrongful death claim. Wrongful death claims are designed to compensate surviving family members for their losses.
Proving Wrongful Death in Nebraska
To successfully bring a wrongful death claim in Nebraska, plaintiffs must prove that the defendant was negligent by establishing the following four elements:
- The defendant owed your loved one a duty of care;
- The defendant breached the duty of care;
- Your loved one’s death was caused by this breach; and
- You (the plaintiff) suffered damages due to your loved one’s wrongful death.
Which Parties Can File a Wrongful Death Claim in Nebraska?
In Bellevue, the only individual permitted to file a wrongful death claim is the personal representative of the decedent’s estate. The personal representative is responsible for inventorying assets, paying estate and inheritance taxes, and distributing the remaining assets to the decedent’s heirs.
In most cases, the personal representative is someone named in the decedent’s will, as are the heirs who will receive assets from their estate. If the decedent had no will or neither of these issues is addressed in the will, Nebraska appoints a personal representative. If there is a surviving spouse, they will be named. If there is no surviving spouse, the decedent’s biological child/children or other next of kin would be appointed the personal representative.
How Can a Wrongful Death Lawyer Help?
If you lost a loved one due to the negligence or deliberate actions of another, you may be feeling stunned and unsure of what steps to take next. Fortunately, a wrongful death lawyer can help. They will work with you to investigate the circumstances of your loved one’s death, gather evidence, and build a strong case for compensation. The lawyer will also handle all aspects of the legal process, including filing the necessary paperwork and representing you in court. By working with a wrongful death lawyer, you can focus on grieving and moving forward, while leaving the legalities to someone with experience.
Why Choose The Knowles Law Firm
Dealing with the loss of a loved one is always a tragedy and causes stress and damage to your life. If you choose to pursue a wrongful death claim, working with a firm that will make the process as simple as possible will allow you to focus on yourself and healing. At The Knowles Law Firm, we:
- Handle all communication with insurance companies and health insurance companies.
- Will obtain medical records and provide them to the appropriate insurance carriers.
- Have more than 3 decades of experience practicing personal injury and wrongful death law.
If your loved one passed away due to another person’s negligence—whether through an intentional act or a failure to exercise reasonable care—you may have grounds for a wrongful death claim in Nebraska. These cases can be complex, so it’s essential to speak with an experienced Bellevue personal injury lawyer who can help you navigate the legal process and ensure your rights are protected. Contact The Knowles Law Firm today to schedule a free consultation.