Omaha Wrongful Death Lawyers
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 personal injury attorney to hold the responsible party financially accountable and give your family a sense of closure.
Wrongful Death Actions in Nebraska
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 health care 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.
Recovery after a Wrongful Death Claim
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 experienced attorney 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.
If you have suffered the loss of a loved one after a terrible accident, do not hesitate to contact the attorneys of 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.