Wrongful death is a devastating tragedy in which someone loses his or her life as a result of negligence. If your family has recently lost someone in an accident you believe could have been prevented, such as an auto accident or workplace disaster, contact the Lincoln wrongful death lawyers at Knowles Law Firm for a free legal consultation. We will discuss your case in detail over the phone or in person.
Why Choose Us
- Our wrongful death lawyers truly care about the individuals and families they represent. We work diligently, often seven days a week, to achieve top case results.
- We prepare each case as if it will go to trial. This increases the chances of achieving a successful settlement and permits us to go to court, when necessary.
- We operate on a contingency fee basis, meaning you won’t pay your Lincoln personal injury attorney unless he or she succeeds in winning your family’s lawsuit.
What Is Wrongful Death?
It can be difficult to recognize whether or not your family has grounds to file a wrongful death claim in Nebraska. The legal definition of wrongful death, according to Nebraska Revised Statute section 30-809, is a fatal injury caused by the neglect, default or wrongful act of another person or entity. Vehicle accidents, defective products, and slip and fall accidents may all be considered wrongful deaths depending on the circumstances.
There are three main situations in which a wrongful death claim can arise in Nebraska:
- If someone is negligent, he or she has been careless and violated his or her legal obligation to exercise reasonable care, resulting in harm to others. The party has done something a prudent party would not do in similar circumstances.
- Intentional wrongdoing. An intentional wrongdoing is a deliberate action with the intent to cause serious bodily injury or death to a victim, such as homicide or manslaughter. A defendant can be held both civilly and criminally liable for intentional wrongdoing.
- Medical malpractice. Medical malpractice is a specific type of negligence that takes place in the medical field. It describes a health care provider fatally wounding a patient through an unacceptable level of medical care.
State law says that if death had not ensued to the deceased person, and this party would have been able to file a personal injury claim to recover monetary damages, then the same defendant can be held liable for wrongful death.
How Can a Lincoln Wrongful Death Lawyer Help?
If you believe someone else caused or greatly contributed to your loved one’s death, speak to a lawyer about a possible lawsuit. A lawyer in Lincoln can review the facts of the case to let you know if you have a lawsuit. Then, your lawyer can investigate the fatal injury and represent your family during negotiations with an insurance company.
Most wrongful death claims settle. If your case needs to go to court, however, your lawyer can represent you in front of a judge and jury. A lawyer will fight for the justice and recovery your family deserves. Most importantly, hiring a lawyer can give your family the peace of mind it needs during the legal process to focus on mourning, grieving and healing.
Who Can File a Wrongful Death Claim in Nebraska?
Under state law, the legal representative of the deceased person’s estate must be the party to file a wrongful death claim. The legal representative will file on behalf of the deceased person’s surviving family members. If the claim succeeds, surviving family members can receive financial compensation for losses such as funeral and burial costs, medical expenses, lost earnings, loss of consortium, and mental anguish. Families have two years from the date of death to file wrongful death claims in Nebraska.
Contact a Lincoln, NE Wrongful Death Lawyer Today
It is difficult to cope with the loss of a loved one in any circumstances. If someone else’s negligence or intent to harm took a loved one’s life, it can be even more difficult to come to terms with the loss. A wrongful death lawsuit can give your loved one a voice in the civil justice system and hold a wrongdoer accountable.
Discuss a wrongful death claim in more detail with an attorney at Knowles Law Firm today. Call (402) 431-9000 or submit our online contact form 24/7.