What to Do If Your Spouse Was the Victim of a Wrongful Death in Nebraska
Losing your spouse is devastating. When that loss is caused by someone’s negligence or wrongdoing, it’s natural to feel confusion and anger, in addition to your grief. In Nebraska, the law provides surviving spouses with the legal means to seek justice and accountability.
Jason Bottlinger is a trusted Omaha wrongful death lawyer at Bottlinger Law L.L.C., where we guide surviving spouses through the legal process and aggressively seek the compensation they deserve.
Bottlinger Law L.L.C. has a perfect A+ rating from the Better Business Bureau. Jason Bottlinger belongs to the exclusive Multi-Million Dollar Advocates Forum, and he was named a Top 100 Lawyer by The National Trial Lawyers.
Understanding Wrongful Death in Nebraska
A wrongful death occurs when a person dies due to another party’s negligent, reckless, or intentional act. Frequent causes include:
- Car accidents
- Semi-truck crashes
- Motorcycle accidents
- Workplace accidents
- Defective products
- Premises liability
- Nursing home abuse and neglect
Your Rights as a Surviving Spouse
Under Nebraska law, a wrongful death action is brought on behalf of the deceased person’s survivors to recover damages for the losses caused by the death. If your spouse has died due to someone else’s negligent actions, you have the legal right to pursue a claim for survivor compensation.
In Nebraska, the personal representative of the deceased’s estate files the wrongful death action. As the surviving spouse, you are entitled to receive a portion of the settlement or verdict according to Nebraska’s distribution laws.
Types of Compensation Available
A successful wrongful death case can provide several forms of damages, including:
Economic Damages
- Loss of your spouse’s income and benefits
- Medical expenses related to the fatal injury
- Funeral and burial costs
Non-Economic Damages
- Pain and suffering
- Emotional distress
As a surviving spouse in Nebraska, you may claim damages for loss of consortium, which compensates for the loss of companionship, affection, and emotional support your spouse provided.
Seeking Damages for a Wrongful Death
Step 1: Appointment of a Personal Representative
The court appoints a personal representative (often the spouse) to manage the estate and bring the wrongful death action.
Step 2: Investigation and Evidence Gathering
Your Omaha personal injury attorney will collect evidence to prove the other party’s fault, such as police reports, witness statements, accident reconstruction reports, and expert testimony.
Step 3: Calculating Damages
We assess both economic and non-economic losses to determine the full value of your claim.
Step 4: Filing the Lawsuit
Your attorney formally initiates the claim in Nebraska court, complying with all procedural rules.
Step 5: Negotiations or Trial
Many wrongful death claims are resolved through settlement negotiations. Bottlinger Law L.L.C. is always prepared to take your case to trial if the other side refuses to make a fair settlement offer.
Nebraska’s Statute of Limitations
In most cases, you have two years from the date of death to file a wrongful death action in Nebraska. Missing this deadline can permanently bar you from seeking compensation. Promptly consulting with an attorney ensures your claim is filed on time.
Emotional Considerations During the Process
Pursuing a spouse wrongful death claim can be emotionally taxing, and no amount of money can replace your partner. But many surviving spouses find that holding the responsible party accountable offers a measure of closure. It can also provide the financial stability you need to move forward.
We understand that you may be experiencing a number of difficult emotions. Jason Bottlinger approaches these cases with empathy, respecting your emotional needs while vigorously protecting your legal rights.
Finding the Right Lawyer
Wrongful death cases can be complicated. The opposing party and their insurance company could try to save money by diminishing the value of your claim. These unsavory tactics may include:
- Claiming your spouse was partially at fault
- Disputing the extent of damages
- Arguing the death was unrelated to the defendant’s actions
As an experienced wrongful death lawyer, Jason Bottlinger will anticipate these arguments and take steps to counter them. When you have Bottlinger Law L.L.C. by your side, you get:
- Thorough investigation into the cause of death
- Accurate valuation of damages, including future losses
- Negotiation skills to counter low settlement offers
- Courtroom advocacy if the case proceeds to trial
How Jason Bottlinger Supports Surviving Spouses
We believe that surviving spouses deserve compassionate counsel paired with aggressive advocacy in the pursuit of justice. Our role isn’t just to handle the legal process. We also work to lighten your burden during this difficult time. That means:
- Handling all communications with insurers and defense attorneys
- Gathering and preserve evidence before it disappears
- Working with medical and financial experts to calculate full damages
- Keeping you informed at every stage so you can make confident decisions
Speak With a Trusted Omaha Wrongful Death Attorney
If your spouse’s death was caused by negligence, filing a lawsuit may seem daunting, but it could be the most effective way to secure the financial compensation your family needs. Acting quickly ensures your rights are preserved and your case is built on the strongest possible foundation.
If you have lost a spouse to wrongful death in Nebraska, you don’t have to face the legal system alone. Bottlinger Law L.L.C. is here to provide the strength, guidance, and experience you need during this challenging time.
Call (402) 505-8234 for a free consultation.
Jason Bottlinger will listen to your story, explain your legal options, and work tirelessly to pursue justice and fair compensation for your loss.
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