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Wrongful Death Attorney Near Me

Attorneys in Omaha, NE
Wrongful Death Attorney Near Me

Losing a loved one is a terrible experience, but it’s even worse when their death was preventable.

Too often, negligence and misconduct result in fatal accidents and survivors are left to pick up the pieces.

Most pursue a wrongful death lawsuit to recover compensation for their losses like funeral costs, lost income, and lost companionship.

Have you lost a loved one because of someone else’s negligence? If so, you have every right to pursue justice and if you have a good case, you can recover compensation. If you’re not sure if you should file a lawsuit, contact a wrongful death attorney in your area for help.

The 6 most common wrongful death lawsuits filed in Omaha

There are several different types of wrongful death lawsuits people file in Omaha. These cases include:

  • Product liability lawsuits
  • Criminal lawsuits
  • Workplace accident lawsuits
  • Medical malpractice lawsuits
  • Car accident lawsuits
  • Commercial truck lawsuits

This list is not exhaustive. If you believe some else’s negligence contributed to your loved one’s death, contact an attorney even if the type of accident isn’t on this list.

The 5 most common wrongful death lawsuits filed in Omaha, NE

1. Vehicle accidents

Car accidents, including large commercial truck accidents, are the most common cause for wrongful death. Drivers owe a duty to other drivers and pedestrians to follow traffic laws. Unfortunately, many drivers cause fatal accidents by speeding, driving under the influence, driving recklessly, and running stop signs.

2. Medical malpractice

Medical malpractice is unfortunately a very common wrongful death lawsuit in Omaha, NE and all over the United States. Not only do doctors make mistakes, but they can also be careless and absent-minded. For example, it’s not unheard of for doctors to prescribe medication to patients with major contraindications for known side effects.

3. Product liability

When products aren’t safe, they can cause injury and death. For example, every once in a while, you’ll hear a story about a car seat that malfunctioned and killed a child. When that happens, the parents usually have a good case against the car seat manufacturer for wrongful death.

4. Workplace accidents

Accidents happen on the job all the time and many end up fatal. Although construction is considered the most dangerous industry, and accounts for a high number of workplace deaths, fatal accidents happen in just about every industry.

5. Criminal activity

When criminal actions result in someone else’s death, its usually a good case for wrongful death. For example, if someone breaks into a house and kills a resident, that person’s family likely will be able to win a wrongful death lawsuit against the intruder.

Four things to know before filing a wrongful death lawsuit

Although your case might seem strong, you really need an attorney’s perspective. Attorneys have the experience to know what makes a strong case. Before you pursue a wrongful death claim, take note of the following.

1. Not all accidents caused by negligence are eligible

It’s possible that your loved one’s death might not be eligible for a wrongful death lawsuit, even if it was an accident or caused by someone else’s negligence. There are far too many factors that go into considering a case; it’s not guaranteed across the board.

For example, if someone’s negligence caused your loved one’s death, but you can’t prove a direct connection between that person’s actions and the death, you won’t win your case.

2. You have an immense burden of proof

You will carry a large burden of proof in a wrongful death case. You’ll be required to prove your case in four different areas:

  • Negligence
  • Breach of duty
  • Causation
  • Damages

Each of these elements must be proven in specific ways. For example, you must prove that negligence caused the death where it would not have occurred otherwise. You must also prove that the defendant had a duty to the decedent and that the defendant breached their duty.

Once you prove breach of duty, you’ll need to prove that the defendant’s negligence specifically caused or contributed to the death. Last, you’ll need to prove the damages you’ve experienced as a result of your loved one’s death. For example, if your spouse was killed, your children will no longer have a parent and you will have lost a significant amount of income for your family. These are valid damages to claim in a wrongful death lawsuit.

3. There is a statute of limitations

Unlike murder, where there is no statute of limitations, wrongful death cases have a statute of limitations. The exact amount of time varies by state, but each state’s statute is no less than one year. In Nebraska, the time limit is two years, according to Nebraska Revised Statute 30-810.

Before filing a wrongful death lawsuit, make sure the statute of limitations hasn’t expired. In some cases, you might be able to file after the statute of limitations if there are exceptions to the rule. However, your best bet is to contact a lawyer to discuss your entire situation. Since you can’t afford to waste any time, contact a lawyer immediately.

4. Government-related deaths might have special requirements

In some cases where a government official is killed, or someone is killed on government property, you might need to file a report with a government agency within 90 days. However, connecting with an attorney is the only way you can be sure you’re doing things right.

Did you lose a loved one? You need a lawyer

If you’ve lost a loved one because of an injury or accident caused by negligence, contact an attorney right away. Lawyers know how to navigate the complexities of the court system and they know how to win cases with strong supportive evidence. Contact an attorney today to discuss your legal options for compensation.

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We Answer
Your Questions About The Law

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The short answer is yes, you should care because it’s going to affect the statute of limitations on your claim. It’s important to define what a political subdivision is that way, you know where your claim lies.

A subdivision is city, county, villages, schools, certain administrative agencies. All those are treated under the act differently. Now, if you do sustain an injury or an accident with one of those individuals that I’ve named, then you have one year from the date of your injury to file a written notice, written claim to that subdivision. If you don’t, then your claim is forever barred. Read More

That depends on you, specifically in regards to the length of time it takes for your injuries to improve, how long it takes to get to a point where we can reasonably determine what your future looks like, what additional medical care you require, the cost of such medical care and what permanent restrictions or impairments you have. Read More

The answer to that is almost universally no. The reason for that is the insurance companies like to get in early and offer you a lowball offer in the hopes that they can get you to sign a release of liability waiver. Once that happens, you’re out of luck.

The reason that they send these lowball offers is because you haven’t had a chance yet to properly evaluate your claim. You might still be treating, you might need future medical. There’s also the possibility that you’ve been permanently damaged and you need a doctor to assess that. Read More

Maximum medical improvement or MMI is the point in your injury where you’re about as good as you’re going to get which means you’re not likely to get much better and you’re not likely to get much worse.

It doesn’t mean that you’re all the way better and so for that reason, maximum medical improvement is the point at which your permanent disability benefits are determined. Read More

In order to answer that question, we have to know the specific facts of your case. A lot of factors go into the value of a workers’ compensation case.

First of all, money benefits that are paid to you are based on your wages before the accident. That amount is used then to determine both your temporary disability benefits and your permanent disability benefits. Read More

Yes, it can. In order to modify a child custody order, you have to show what’s called a material change in circumstances.

Now, simply stated what that means is something has to happen. An unanticipated change that if the judge or the parties knew about it when they made the original order, they would have decided differently. Read More

Well, it depends on two things.

First of all, who are you suing and second of all, what are you suing them for? If it’s just general negligence and you’re suing a private person or corporation, it’s four years from the date of accrual of the claim or the date of the accident. Read More

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Attorneys in Omaha, NE