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Understanding Wrongful Death Claims After Omaha Car Crashes

By Jason Bottlinger on August 29, 2025

Losing a loved one in a car crash is a devastating experience that leaves families struggling with emotional pain and financial uncertainty. In the aftermath of a fatal car accident, many families are left asking what are their legal options and what are our rights under Nebraska law.

At Bottlinger Law L.L.C., we understand how overwhelming this time can be. This article offers a clear guide to pursuing an Omaha wrongful death car accident claim—outlining the legal process after a fatal accident, who may be eligible to file, and the types of compensation for wrongful death that may be available under the Nebraska wrongful death statute.

What Is a Wrongful Death Claim?

In Nebraska, a wrongful death claim is a legal action brought when someone dies due to another party’s negligent or reckless behavior. In the context of a car accident, this could mean:

• A distracted or drunk driver caused the crash
• A commercial vehicle driver failed to follow safety regulations
• A faulty road design or poorly maintained signage contributed to the collision

The Nebraska Wrongful Death Statute

The Nebraska wrongful death statute outlined in Nebraska Revised Statute § 30-809 specifies that when a person’s death is caused by a wrongful act, neglect, or default that would have permitted the person to file a personal injury claim had they lived, their legal representative may bring a claim on their behalf.

Who Can File a Wrongful Death Claim in Omaha?

In Nebraska, only the court-appointed personal representative of the deceased’s estate may file a wrongful death lawsuit. However, compensation is ultimately distributed to the surviving spouse, children, or other dependent relatives, depending on the circumstances. If no estate plan exists, the court may appoint a representative—often a spouse, parent, or adult child of the deceased.

Common Causes of Fatal Car Crashes in Omaha

Tragically, many fatal car accidents in Omaha could have been prevented. Common causes include:

• Speeding and reckless driving
• Driving under the influence of alcohol or drugs
• Distracted driving (e.g., texting while driving)
• Running red lights or ignoring stop signs
• Poor weather conditions combined with unsafe driving
• Mechanical failures due to lack of maintenance

When any of these actions result in a fatal crash, the driver—or, in some cases, a commercial entity or government agency—may be held legally and financially responsible.

The Legal Process After a Fatal Accident

Pursuing Omaha fatal accident claims involves several important steps.

1. Open an Estate and Appoint a Personal Representative

This is the first legal step. If the deceased had a will, the executor named will usually serve. If not, the court will appoint someone (typically a close relative).

2. Consult with a Fatal Car Crash Attorney in Omaha

You’ll want to find an experienced attorney to evaluate the case, identify the liable parties, and guide your family through every step of the claim.

3. Investigation and Evidence Gathering

The legal team will review the crash report, witness statements, and traffic camera footage and possibly bring in accident reconstruction experts to prove fault.

4. File the Wrongful Death Claim

This involves drafting and submitting a civil complaint that details the incident, names the responsible parties, and states the damages being sought.

5. Settlement Negotiations or Trial

Many wrongful death claims are resolved through settlement, but your case may proceed to trial if the defendant contests liability or the value of damages.

Compensation for a Wrongful Death Claim

If your family succeeds in a wrongful death claim, Nebraska law allows for a range of financial damages, including:

• Medical expenses related to the final injury
• Funeral and burial costs
• Loss of financial support the deceased would have provided
• Loss of companionship and care
• Pain and suffering experienced by the deceased before death (survival action)
• Emotional suffering endured by the family in some cases (non-economic damages)

Statute of Limitations: Don’t Wait Too Long

The statute of limitations for wrongful death claims in Nebraska is two years from the date of death. Failing to file within this time frame may bar your family from recovering any compensation, no matter how strong the case may be.

Starting the process as soon as possible gives your legal team time to build a solid case and secure evidence while it’s still available.

Why Legal Representation Matters

Wrongful death claims, especially those stemming from Omaha wrongful death car accidents, can quickly become complex. Multiple insurance companies may be involved, and defendants often deny responsibility or attempt to minimize payouts.

Hiring a fatal car crash attorney in Omaha ensures your family has someone on your side who understands:

• Nebraska wrongful death statutes and legal procedures
• How to negotiate with insurers and defendants
• How to value a wrongful death claim fairly and fully
• How to present a compelling case in court, if necessary

How Bottlinger Law L.L.C. Can Help

At Bottlinger Law L.L.C., we understand how deeply a fatal accident can affect a family. Led by Jason Bottlinger, our firm has built a strong reputation for personal service and successful case outcomes throughout Nebraska.

Our attorney works tirelessly to protect your family’s rights, pursue maximum compensation, and hold negligent parties accountable. We provide trusted legal guidance in cases involving:

• Passenger vehicle collisions
• Commercial trucking accidents
• Distracted or drunk driving fatalities
• Pedestrian or cyclist deaths
• Catastrophic crashes with multiple parties

With over a decade of experience and recognition from organizations like Expertise.com as one of the Best Personal Injury Attorneys in Omaha, we are here when your family needs answers and justice.

What to Do If You Lost a Loved One in a Car Accident

If you believe a loved one’s death was caused by another’s negligence, here’s what to do next:

1. Gather documentation: Police reports, medical records, and insurance details.
2. Secure legal representation: Speak with an experienced wrongful death lawyer.
3. File timely: Don’t let the statute of limitations pass.
4. Focus on healing: Let your legal team manage the complexities while you support your family.

Speak With a Trusted Wrongful Death Lawyer in Omaha Today

If your family is grieving the loss of a loved one in a car crash, you don’t have to face this alone. Bottlinger Law L.L.C. is here to help. We’ll handle your case with care and the commitment to fight for justice.

Call our Omaha wrongful death attorney today at (402) 505-8234 for a free consultation. We’ll explain your rights, guide you through the process, and stand by you every step of the way.