Wrongful Death Attorney in Omaha
A wrongful death lawsuit may be able to help alleviate the financial impact of losing a family member. No one wants to think about money while mourning, but it is important to take action in a timely manner. If you lost a family member due to someone else's actions, call Bottlinger Law L.L.C. at (402) 505-8234 and tell us about what happened. We can discuss your situation and advise you on how to move forward with a legal claim.
Personal Injury Services
What Is a Wrongful Death?
In Nebraska, a wrongful death is defined as any death that occurs due to the wrongful or illegal actions, or the negligence, of someone else. Negligent actions such as distracted driving and failing to repair faulty structures on a property can be grounds for a wrongful death lawsuit in most cases.
In Nebraska, only the legal representative of a person's estate can file a wrongful death lawsuit after that person dies. This is usually a spouse, child, or parent. It can be helpful to think of it as a lawsuit that is filed on someone else’s behalf, who would have had grounds to bring a personal injury lawsuit against the negligent party if they had lived.
What About Criminal Charges?
Wrongful death lawsuits are civil actions completely separate from any criminal charges that might be involved in the situation. Criminal charges, or the results of a criminal case, can help strengthen a wrongful death suit, but this is something you should discuss with your attorney as you determine how to best handle your case.
What Kinds of Compensation Can Be Recovered?
You cannot typically seek punitive damages in a wrongful death claim, nor can you seek damages for the pain and suffering that you experience due to losing your loved one. Instead, damages in a wrongful death suit are focused on actual and potential monetary losses. An experienced wrongful death lawyer can help you determine exactly which damages to seek, but some possible forms of compensation may include:
- Medical bills connected to the deceased's injury or illness that led to death.
- Lost income or wages, including benefits, which would have been earned if the deceased had lived.
- Compensation for funeral and burial expenses.
- Compensation for pain and suffering that the deceased experienced, directly tied to the wrongful cause of death.
- Compensation for the loss of care, comfort, and companionship that you and your family experience due to the loss of your loved one.
Is There a Time Limit to File?
Yes, there is a limit on how long you have to file a wrongful death claim. This is referred to as a "statute of limitations," and in Nebraska, you only have two years from the date of a person's death to file a wrongful death lawsuit. This is why it is important to take action right away, even though it can be difficult to think about.
We understand that nothing can undo your loss, but we will do everything we can to help ease your burden. Call the team at Bottlinger Law L.L.C. at (402) 505-8234 to speak to a compassionate Nebraska wrongful death attorney and hear your legal options.
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