Omaha Wrongful Death Lawyer
Filing a wrongful death claim is based on the negligent behavior or breach of a duty of care held by another person. This may be visible through the negligent actions of the operator of machinery or the negligent failure of a company to warn of a product defect. If negligent behavior on behalf of a party results in the death of a loved one, you may have the ability to file a wrongful death claim. Although nothing can bring back a loved one, it can help you secure financial stability, both present and future, for the remaining family members. In accidents involving death, it is important that you consult an experienced Omaha wrongful death lawyer to hold the responsible party financially accountable and give your family a sense of closure.
Why Hire Knowles Law Firm?
- We are trusted and reputable wrongful death lawyers who have been representing families in Omaha, Nebraska for many years. Jim Jr. and Bob Knowles each have more than 30 years of experience.
- We know many different practice areas, allowing us to help surviving family members after any type of fatal accident. Our case results show our dedication to each individual client’s full financial recovery.
- We work on all Omaha wrongful death cases on a contingency fee basis, meaning we only charge legal fees if we are successful. If your lawyer from Knowles Law Firm does not obtain your family compensation, you will not pay us a cent.
What Is Wrongful Death?
Nebraska state law gives a specific definition of wrongful death. While the passing of anyone close to you can be heart-wrenching, it may not give you grounds to file a civil lawsuit in Omaha unless the circumstances meet the state’s definition of wrongful death. Nebraska Revised Statute 30-809 states that wrongful death is the death of someone (including an unborn child) due to the default, neglect or wrongful act of another person, company or entity.
The law goes on to say that if the deceased person would have – had death not ensued – had the right to file a personal injury claim against the defendant, the same defendant may now face a wrongful death claim from surviving family members. If you are unsure of whether someone in your family has the right to bring a wrongful death cause of action in Omaha, speak to our attorneys right away for a free consultation. Prompt action is key to having a valid claim to damages.
Wrongful Death Actions in Nebraska
All states, including Nebraska, have specific wrongful death statutes that instill rules for filing. These include a statute of limitations, or deadline for filing. If you miss this deadline, the courts in Nebraska will most likely dismiss your case. Wrongful death claims can be filed within two years of the deceased person’s death. Common wrongful death actions stem from the following accidents:
Accidents on the road are a common occurrence in Omaha, and despite new restrictions on texting and driving, as well as steeper penalties for driving under the influence, drivers too often ignore these laws and cause a wrongful death.
Construction site workers are also often at risk of serious injuries if their company does not follow appropriate safety procedures. Construction workers often have to blindly trust the skill of their colleagues, even though companies are required to give appropriate training to all workers operating heavy machinery. A simple slip of a hand can often result in serious injuries or loss of life.
Medical malpractice actions are some of the most common types of wrongful death claims. Patients visit health care professionals and hospitals to recover from an injury or an illness – not to suffer from a new one. These types of claims are often centered on the actions of a healthcare professional, including:
- Incorrect prescription
- Surgical error
Regardless of the type of accident, the end result is the loss of your loved one. While wrongful death claims are brought in civil court, these actions are not dependent on the result of any criminal trials which may take place at the same time. In fact, the civil court system offers a lower burden of proof, and it is generally easier for the victim’s family to prevail in a civil action than for the State to obtain a guilty verdict against the responsible party in a criminal case.
All states, including Nebraska, have specific wrongful death statutes that instill rules for filing. These include a statute of limitations, or deadline for filing. If you miss this deadline, the courts in Nebraska will most likely dismiss your case.
Compensation for Wrongful Death in Omaha
As a surviving family member after a wrongful death action, you are often left with not only the emotional pain of going through the loss but the financial pain as well. Many families have a set budget, and the sudden loss of a vital part of the family can have dire financial repercussions for the family. Wrongful death claims typically take into account the following factors:
- The current salary of the deceased
- The degree to which the family depended on the deceased’s salary
- Loss of consortium (or companionship)
- Medical expenses
- Funeral costs
- Other expenses
An Omaha personal injury lawyer skilled in wrongful death claims will be able to explain the elements of damage available to the deceased’s family and provide the expertise necessary to hold the negligent party financially responsible. The negligent party may be a driver, doctor, employer, product manufacturer, government entity, property manager, criminal or another defendant depending on the circumstances.
How Do You Choose Your Wrongful Death Lawyer?
A wrongful death claim is not only about the outcome – it is also about the legal process leading up to a resolution. Choosing the right lawyer to represent you can provide peace of mind during a difficult time. Your lawyer can make a complicated process easier by taking care of legal tasks on your behalf. Not all attorneys are created equal; take your time in selecting the right match for your case and needs.
- Friendly lawyers and representatives
- Wrongful death practice area experience
- A focus on personal injury law
- Open and regular communication
- Successful case results
- Considerable resources
- Personalized legal strategies
- Positive client testimonials
- Good reputation in the community
- Affordable rates
Hiring the right wrongful death lawyer in Omaha, Nebraska can make a noticeable difference to your case – both in the litigation process and its outcome. Your lawyer will serve as your deceased loved one’s voice during the claims process, demonstrating the defendant’s wrongdoing and fighting for fair compensation for your damages. Look for certain traits to be sure you and your family choose the right attorney to represent you.
Contact a Compassionate Omaha Wrongful Death Attorney Today
If you have suffered the loss of a loved one after a terrible accident, do not hesitate to contact the Omaha wrongful death lawyers at Knowles Law Firm. Our attorneys are experienced in handling all types of injury actions including wrongful death claims. We understand the immense sadness you are experiencing as a result of your loved one’s death and will work tirelessly to obtain appropriate financial compensation. Contact our Omaha, Nebraska office today for your initial free consultation.