La Vista Wrongful Death Attorney
Legally Reviewed By: Robert M. Knowles
Attorney & Partner At Knowles Law Firm, J.D.
A late-night phone call, a knock from an officer, or a hospital waiting room can turn an ordinary day in La Vista into the worst day of your life. On top of the grief, families are suddenly facing funeral bills, lost income, and a legal deadline that starts running the day the death occurs.
Knowles Law Firm has spent 55 years helping Nebraska families recover after fatal accidents, including multi-million dollar settlements for injury victims. As a family-run firm and your trusted La Vista personal injury lawyers, we put an attorney, not a paralegal, on your case, keep you informed, and take the legal burden off your shoulders so you can focus on your family.
Time-Sensitive: Nebraska Law Limits Your Window to File
Nebraska Wrongful Death Claims Must Be Filed Within 2 Years of the Date of Death. Waiting Can Permanently Bar Your Family’s Recovery.
Knowles Law Firm has 55 years of experience serving Nebraska families and handles wrongful death cases on a contingency fee basis. You pay nothing unless we win.
Get a Free Case ReviewWhy Choose Knowles Law Firm for Your La Vista Wrongful Death Claim
Communication is one of the most common reasons people leave one law firm for another, so we make it a priority. You can reach your attorney by call, text, or email, whichever fits your schedule, and we respond to every message. Some families want a weekly update. Others prefer to hear from us only when something important happens. We work the way you need us to.
We take wrongful death cases on a contingency fee basis, so you pay no attorney fees unless we recover compensation for your family. Our firm has recovered multi-million dollar settlements across Nebraska, and we are prepared to take a case to trial when an insurance company will not offer a fair result.
What Counts as Wrongful Death Under Nebraska Law?
Nebraska’s wrongful death statute, Neb. Rev. Stat. § 30-809, allows a claim when a person’s death is caused by the wrongful act, neglect, or default of another person or company, and the victim could have filed an injury claim had they survived. In practice, that covers a wide range of fatal incidents.
Common Causes of Fatal Accidents Near La Vista
La Vista sits between Omaha and Papillion, and residents drive busy corridors including Giles Road, Harrison Street, 84th Street, and the Interstate 80 interchange at Giles Road. Fatal claims commonly arise from a fatal car accident, a truck accident, a crash caused by a drunk driver, a motorcycle or pedestrian collision, or a workplace incident that falls under workers’ compensation and may also involve a claim against a third party.
Who Can File a Wrongful Death Claim in Nebraska?
Nebraska does not allow a surviving spouse, child, or parent to file a wrongful death lawsuit on their own. Under Neb. Rev. Stat. § 30-810, the action must be brought by and in the name of the deceased person’s personal representative, for the exclusive benefit of the surviving spouse and next of kin. The personal representative is usually the person named in the will, or someone appointed by the court when there is no will. If an estate has not been opened yet, we can help your family take that first step.
A lawsuit arising from a fatal accident in La Vista may be filed in Sarpy County District Court at 1210 Golden Gate Drive in Papillion, depending on where the defendant lives and where the death occurred. We handle the filing and the court process that follows, including the hearing that distributes any recovery.
Nebraska Wrongful Death Filing Deadline
Wrongful death claims must be filed within two years after the date of death under Neb. Rev. Stat. § 30-810. That is half the time allowed for most personal injury claims, which have four years under Neb. Rev. Stat. § 25-207. The wrongful death statute does not contain a general discovery extension, so families should not count on extra time if the cause of death only becomes clear later.
Starting early also protects the evidence. Crash reports, vehicle data, surveillance footage, and witness memories all fade, and insurance companies begin building their defense right away.
What Damages Can Families Recover?
Nebraska limits wrongful death recovery to financial, or pecuniary, losses. The categories that may apply to your family include:
- Funeral and burial expenses: the cost of laying your family member to rest
- Medical expenses: treatment related to the fatal injury before death
- Lost income and financial support: the wages and benefits your family member would have earned and provided
- Loss of companionship, comfort, and care: the value of the relationship your family has lost
Because Nebraska does not treat a family’s own grief as a separate category of damages, the value of a claim depends heavily on documenting these financial losses carefully. We work with medical records, employment history, and, when needed, economic professionals to build that picture.
How a La Vista Wrongful Death Lawyer Can Help
We begin by gathering the evidence, including reports from the La Vista Police Department, Sarpy County Sheriff, or Nebraska State Patrol, along with medical records, witness statements, and any available video or vehicle data. We then identify every party that may be responsible and deal directly with the insurance companies so you do not have to.
Our attorneys handle wrongful death claims throughout the Omaha metro area, and you can learn more about our overall wrongful death practice and our case results. Whether your claim settles or goes to trial, you will have an attorney who knows your family’s story.
Frequently Asked Questions About La Vista Wrongful Death Claims
How long do I have to file a wrongful death lawsuit in Nebraska?
Nebraska law requires a wrongful death action to be commenced within two years after the date of death under Neb. Rev. Stat. § 30-810. Missing that deadline can permanently bar the claim, so it is important to speak with an attorney as soon as possible.
Can I file a wrongful death claim myself as a family member?
No. Under Nebraska law, the claim must be brought by the personal representative of the deceased person’s estate for the benefit of the surviving spouse and next of kin. If no personal representative has been appointed, an attorney can help your family have one appointed.
Who receives the money from a wrongful death settlement?
The recovery is distributed among the surviving spouse and next of kin in proportion to the financial loss each of them suffered. A court hearing is part of that process, and an attorney can explain how it works for your family.
What if my family member was partly at fault for the accident?
Nebraska uses a modified comparative negligence rule under Neb. Rev. Stat. § 25-21,185.09. Fault assigned to your family member can reduce the recovery, and a claim is barred if that fault equals or exceeds the fault of the defendants. An attorney can evaluate how fault may be assigned in your case.
What does it cost to hire a wrongful death attorney in La Vista?
Knowles Law Firm handles wrongful death cases on a contingency fee basis. You pay no upfront costs and owe no attorney fees unless the firm recovers compensation on your behalf.
Contact a La Vista Wrongful Death Attorney at Knowles Law Firm
If you lost a family member because of someone else’s negligence, you do not have to face the legal process alone. Contact Knowles Law Firm today to schedule a free consultation, and let our attorneys explain your options while you focus on your family.
About Our Attorney
Robert M. Knowles
Attorney & Partner at Knowles Law Firm, J.D.
Robert has tried cases in both state and federal courts and was selected as one of the top 100 litigation lawyers in Nebraska for 2014 by the American Society of Legal Advocates. Less than 1.5 percent of lawyers nationally are selected for this recognition. He is rated AV by Martindale-Hubbell which is the highest rating an attorney can obtain. He was also selected by Martindale-Hubbell as a 2019 Top Rated Lawyer.
Menu
