Practice Areas / Wrongful Death

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 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.