Wrongful death

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03/15/2023

Filing a Wrongful Death Claim in Nebraska

Unexpected accidents take lives every day. If you receive the devastating news that someone you love has passed away in a tragic accident, your first thought might not be taking legal action. As more details are discovered about the circumstances surrounding the death, however, you may come to suspect someone’s negligence or intent to harm your loved one. In this case, you may have grounds to file a wrongful death claim in Omaha for justice and financial compensation. What Is a Wrongful Death Claim? Wrongful death is defined in Nebraska Revised Statute 30-809 as…

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02/07/2023

Common Causes of Wrongful Death in the U.S.

Wrongful death is a legal term used in the civil justice system. In Nebraska, the definition of wrongful death is the loss of a life caused by the wrongful act, neglect or default of any other person or party. In the event of a wrongful death, surviving family members may be entitled to financial compensation for funeral costs and other damages from the at-fault party. While nothing can take back losing a loved one, a lawsuit can hold a wrongdoer accountable. Motor Vehicle Accidents According to the Centers for Disease Control and Prevention, accidents…

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What Penalties May Be Awarded in a DUI Case in Nebraska?

Driving under the influence (DUI) is an extremely dangerous crime that puts everyone on the road at risk. Nebraska takes DUI offenses seriously and imposes strict sentences on those convicted of this crime. If you get injured in a drunk driving accident in Omaha, the at-fault driver may face significant criminal penalties in addition to being responsible for paying for your losses. The Criminal Consequences of a DUI in Nebraska A DUI in Nebraska means that a person operated or was in actual physical control of a motor vehicle while under the influence of…

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12/12/2022

What Elements Are Required in a Wrongful Death Case?

A wrongful death case is one of the most difficult and personal types of cases that can be filed in Nebraska. Pursuing a wrongful death lawsuit is about much more than just seeking financial compensation – it is a way to honor the deceased individual and hold someone accountable for the preventable loss of life. To prove a wrongful death case and collect compensation in Nebraska, the following elements must be established. Negligence, or a Breach of the Duty of Care Most civil lawsuits are based on the plaintiff’s legal doctrine of negligence. The…

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11/15/2022

What Is the Process of Filing a Wrongful Death Case in Nebraska?

If you have suffered the tragic loss of a loved one, your family may be entitled to financial compensation through a wrongful death claim. The legal process required to file this type of lawsuit in Nebraska can be complicated and may require assistance from an experienced wrongful death attorney in Omaha. Although each case is unique, below are the basic steps involved in the filing process. Determine if You Have a Case According to Nebraska Revised Statute, Section 30-809, a legal action can be brought for the death of a person (including an unborn…

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What Qualifies as Wrongful Death?

When someone dies as a result of the neglect or misconduct of another party, the victim’s surviving family members can file a claim for wrongful death. In Nebraska, this is a type of lawsuit available to compensate survivors for their tangible and intangible losses. Wrongful death is a complicated practice area. The best way to find out if your family has grounds for this type of claim is by consulting with a wrongful death attorney. Nebraska’s Legal Definition of Wrongful Death Although each state technically has its own definition of wrongful death, most are…

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01/09/2021

Can a Minor File a Wrongful Death Lawsuit?

When wrongful death leaves behind minor children, it can be difficult to work through the logistics of whether they will be eligible for compensation for the wrongful death. Money might be the last thing on a child’s mind after the death of a parent; however, taking legal action can be critical to pay for the child’s future. What Is a Wrongful Death Lawsuit? A wrongful death lawsuit is a legal action seeking financial compensation for the death of a person. In Nebraska, the definition of wrongful death (Nevada Revised Statute 30-809) is the death…

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How Is a Wrongful Death Settlement Divided?

Wrongful death is the tragedy of losing a beloved family member in an avoidable accident, such as a car crash caused by a distracted driver. If Nebraska’s wrongful death laws apply to your loved one’s passing, you and your family may be entitled to financial compensation from the at-fault party or parties. A successful claim could lead to financial reimbursement for expenses such as funeral and burial costs, medical bills, and mental anguish. How a settlement is divided, however, depends on the state’s laws for interstate succession. How Are Wrongful Death Settlements Paid Out?…

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