Fremont Wrongful Death Attorney

Lawyer Helps Fremont, NE, Families File Wrongful Death Claims

If you have lost a loved one in an accident, you may be entitled to compensation for your loss. But the process of seeking compensation can be difficult, and you may not have the time or resources to deal with all the paperwork and legal proceedings involved.

Jason Bottlinger has been helping people in Fremont, NE, for over 15 years. Bottlinger Law L.L.C. has an A+ rating from the Better Business Bureau, and Jason is a member of the exclusive Multi-Million Dollar Advocates Forum. We will advise you on the best way to proceed with your claim.

Call (402) 505-8234 to learn more today.

What Is a Wrongful Death?

In Nebraska, wrongful death is defined as a death caused by the wrongful act, neglect, or default of another person or entity. Nebraska law allows the personal representative of the deceased’s estate to file a wrongful death lawsuit on behalf of surviving family members. This legal action aims to hold the responsible party accountable and provide financial compensation to the survivors for their losses.

Compensation Available in Fremont, NE, Wrongful Death Cases

In Fremont, Nebraska, families of wrongful death victims are entitled to compensation for their losses. This means if you were injured or lost a loved one due to the negligence of another person, you may be entitled to seek compensation for your losses under Nebraska law.

Punitive damages and compensation for your grief and suffering as a result of losing a loved one are normally not available in wrongful death cases. Damages in a wrongful death lawsuit are instead concentrated on actual and anticipated financial losses.

Nebraska law provides several types of damages that may be available in a wrongful death lawsuit. These include medical costs incurred by your loved one prior to their death, funeral costs, or loss of companionship and love, including loss of support from your loved one and loss of advice, guidance, protection, and comfort from your loved one.

Calculating financial support in a wrongful death claim involves assessing the economic impact of the deceased’s absence on surviving family members. This may include the deceased’s expected future earnings, which are projected based on age, occupation, and potential career advancements. Benefits such as health insurance, pensions, and retirement funds the deceased would have contributed are also factored in. Expert testimony, often from economists or vocational experts, is typically used to provide a precise estimate of these financial losses.

Types of Accidents That Cause a Wrongful Death

Several different types of accidents can lead to wrongful death:

• Vehicle accidents with any kind of vehicle can lead to wrongful death, including cars, motorcycles, trucks, buses, trains, and more. If a driver is distracted by their cell phone or has been drinking alcohol before getting behind the wheel, they could cause a fatal car crash that results in wrongful death lawsuits being filed against them by those left behind after losing their loved one due to their negligence.
• Falls can happen at any time and place, but they are especially dangerous when they occur on construction sites or in other high-risk areas. These can also be due to malfunction or defective equipment, for which the manufacturer may be liable.
• Nursing home neglect and abuse are significant threats to your loved ones, as inadequate care, medication errors, or physical abuse can result in the premature death of elderly residents.
• Pedestrian accidents involving motor vehicles often lead to wrongful death claims, especially in cases where drivers refuse to yield or fail to observe traffic signals.
• Workplace accidents can include anything from electrocutions to falls from heights or exposure to hazardous materials like asbestos or chemicals used for cleaning purposes only (e.g., ammonia).
• Farming equipment accidents are a major cause of wrongful death claims in Nebraska’s agricultural communities, where machinery malfunctions or operator errors can lead to fatal injuries.
• Construction site accidents result from unsafe working conditions, OSHA safety violations, and the lack of proper safety protocols. In addition to employers, negligent third parties such as contractors, property owners, and manufacturers of defective equipment can also be held liable for constriction site fatalities.

You might be able to pursue compensation for your loved one’s wrongful death by filing a claim against the party who caused the accident. However, when pursuing a claim, it is important to understand what type of claim you can file and what types of damages are available. To learn more about your options concerning your case, speak with a Fremont personal injury attorney at Bottlinger Law L.L.C.

Who Can File a Wrongful Death Lawsuit in Fremont, NE?

Filing a wrongful death claim in Fremont, Nebraska, means there must be evidence that supports each element of negligence. For example, it must be shown that the defendant owed a duty of care to the deceased, such as a driver’s duty to follow traffic laws or a nursing home’s responsibility to provide adequate care. The victim’s survivors must provide evidence that this duty was breached through actions or omissions that fell below the expected standard of care. Causation must also be proven, indicating that the breach of duty directly resulted in death. This may require expert testimony.

To file a wrongful death lawsuit, you must meet all of the following requirements:

• A person has died.
• The deceased person must have died due to someone else’s negligence or carelessness.
• The wrongful death lawsuit is a legal action brought by a family member or representative of a deceased person.
• The filing must be done within two years of the incident or discovery of the incident, whichever comes first.

If you are considering filing a wrongful death lawsuit and want to know more about your options, Bottlinger Law L.L.C. can help. We have helped many clients get the compensation they need after losing a loved one in tragic accidents caused by someone else’s actions or negligence.

How to File a Wrongful Death Claim in Fremont, NE

To file a wrongful death claim in Nebraska, the victim’s family must appoint a personal representative for the deceased’s estate, and the appropriate paperwork must be filed on time. This will include medical records to help establish the cause of death. Accident reports, such as police reports from motor vehicle accidents, provide official accounts of the incident, supporting the claim of negligence.

Witness statements and photographs of the accident scene can offer additional evidence. Financial records are extremely important, as they help quantify the economic losses suffered by the survivors, including loss of income and future financial support. Documentation of funeral and burial expenses will be required to claim these costs.

An experienced Fremont wrongful death lawyer will guide you through the complex legal landscape, ensuring that procedural requirements and deadlines are met. Bottlinger Law L.L.C. can negotiate with insurance companies and opposing counsel, advocating for your family’s best interests and fending off lowball settlement offers.

Contact Our Fremont, NE, Wrongful Death Attorney Today

Accidents can happen in a variety of ways. If a loved one has been involved in a wrongful death accident by another person’s negligence, you should find out more about your options. Bottlinger Law L.L.C. knows you’re looking for a firm that will stand by your side during every step of the legal process, so we’re here to help you understand how we can be there for you.

Please contact Bottlinger Law L.L.C. today at (402) 505-8234 for a free consultation with us. Our wrongful death attorney in Fremont, NE, is ready to help.