April 16, 2020 | Wrongful death

An accident feels like anything but when someone you love is killed. And rightfully so; the term “accident” itself implies that nobody is at fault. But usually that’s not the case, and a wrongful death claim may be necessary.

The truth is, people often die due to someone else’s negligence or carelessness. Fatal car and semi-truck crashes are often caused by drunk driving, speeding, texting, exhaustion, violating DOT rules, and other risky behavior. Pedestrians are struck and killed by distracted drivers who fail to check their rearview mirrors or blow through a stop sign because they’re in a rush.

Work accidents aren’t typically “accidents” either. Construction workers – namely roofers – often die of injuries sustained from falling off a roof at a job site. Their employers had failed to provide harnesses, guardrails, safety nets, or take other safety precautions that could have prevented the death.

Nobody expects to come face-to-face with the grief and pain of unexpectedly losing a loved one, especially when it’s in such an unimaginable way. But it happens.

If someone you know has died at the hands of someone else’s negligence, reach out to the Omaha wrongful death lawyers at High & Younes, LLC to consider whether or not you have grounds for a lawsuit in Nebraska. We’ve helped bring justice to hundreds of wrongful death clients who suffered a loss at the hands of someone else’s negligence.

The High & Younes team is made up of experts on Nebraska wrongful death law.

Our experienced attorneys will look at the evidence and help you determine the strength of your case. We help all of our clients navigate the process, which can be lengthy. We’ll be by your side every step of the way during what is certain to be one of the most difficult times of your life. Give us a call at 402-933-3345 or fill out our confidential contact form here. You also can visit our home page and reach out via our live chat.

 Types of Wrongful Death Cases 

Wrongful death claims can be filed by the surviving family members and loved ones of a person who was killed or died as the result of injuries or illnesses that otherwise could have been prevented.

Wrongful death lawsuits come in all shapes and sizes. At High & Younes, we’ve dealt with many different types of wrongful death claims. Our most common wrongful death cases involve vehicle crashes, semi-truck crashes, the death of a pedestrian hit by a car, and workplace accidents.

Wrongful death claims can stem from:

– Medical malpractice negligence and mistakes;

– Car, truck, and motorcycle crashes;

– On-the-job deaths from chemical spills, equipment injuries, roofing falls, and more – Pedestrian and bicycle collisions;

– Premises liability accidents, such as slip and falls, or being struck by an object;

– Product liability cases;

– Accidental poisonings and/or medication errors and overdoses; and

– Drowning, boating, and recreation crashes.

Religion, death and dolor – couple at funeral holding hands consoling each other in view of the loss

Nebraska traffic deaths were up 9% increase over the five-year average last year, according to the Omaha World-Herald. Traffic deaths had totaled 249 by late December 2019. Pedestrian deaths in Nebraska had reached 24 by year’s end.

Many roofers are killed on the job, though accurate national and local statistics don’t appear to exist. Even so, CBS news has ranked roofing as one of the 20 deadliest jobs in the country.

Nebraska Statute of Limitations for Wrongful Death 

Wrongful death lawsuits must be filed within two years after the death of a loved one under Nebraska law. It’s important to move quickly to give your lawyer enough time to prepare for the case.

A wrongful death qualifies for a lawsuit if a loved one’s death is caused by someone else’s negligence or misconduct, according to Nebraska law. This is arguably the most important element to your case. A lawsuit should be filed by the estate of the deceased or any of the descendant’s immediate family members, including parents, siblings and children.

While no amount of money can replace a person you loved, wrongful death claims were created within the court system to compensate families for the unnecessary loss of their loved one.

The court takes into account what was lost and can issue two different types of damages which represent the “monetary value of the services, comfort, and companionship” that was taken from the surviving family members. The two types of damages are called economic and non-economic damages. Economic damages consist of any medical and funeral bills incurred as well as any financial support that the deceased person would have given to his or her family. Non-economic damages consist of the value of the loss of care and companionship the surviving family members have.

Sometimes the lawsuit can help a family pay for the victim’s mounting medical bills left that were behind as well as funeral expenses. Then there is the future loss of income, loss of medical benefits, loss of pensions, loss of inheritance, loss of wages to consider. If the person who died financially supported or cared for you, it is possible you could also be eligible for filing a wrongful death claim because you have experienced a financial hardship as a result of the person’s death.

To successfully win a wrongful death lawsuit, you must prove that the defendant’s negligence caused the death of your loved one. To accomplish this, you must show that the defendant is responsible for causing the death. This proof must go beyond breaking the law, and must show a direct correlation between the defendant’s actions and the death. Next, you must prove that the defendant was obligated to keep your loved one safe and that the defendant breached that duty of care.

A judge and or jury will make the final decision on whether we have proved your case.

The monetary reward will be distributed according to Nebraska Statute 30-810:

“The verdict or judgment should be for the amount of damages which the persons in whose behalf the action is brought have sustained. The avails thereof shall be paid to and distributed among the widow or widower and next of kin in the proportion that the pecuniary loss suffered by each bears to the total pecuniary loss suffered by all such persons. A personal representative shall not compromise or settle a claim for damages hereunder until the court by which he or she was appointed shall first have consented to and approved the terms thereof.”

Oftentimes, insurance companies will try to settle the case and pay you the least amount possible. If you have a strong wrongful death case, it is not in your best interest to accept this offer, as your family would receive far less than you should. An experienced lawyer like the team at High & Younes would be best qualified to help you get the justice you and your loved ones deserve.

Coping With Wrongful Death 

All deaths are difficult for the people who know and love the person who passed. A sudden death, though, is especially challenging for everyone involved. Shock, disbelief, and anger combined with despair can leave you feeling completely shattered. The death doesn’t make sense.

Grieving a loved one’s death after an illness or due to age is also heart-breaking, of course, but such deaths are often anticipated. People have more time to emotionally and financially prepare for life as it goes on.

Sudden deaths are frankly traumatizing. Family members of the person who died – spouses, children, and parents – lose everything they had depended on before, physically, emotionally, and often financially. The future appears more uncertain than ever. Finances suffer. And the grief that lingers is palpable at best.

As wrongful death attorneys, we have spoken to many families who understand exactly what you’re going through. A few things to remember that might help:

• You will have good days and bad days. Coping with a wrongful death is a long process. Go easy on yourself. Give yourself time. Try to do things that you enjoy if you can.

• Have a support system and lean on the people in it. Don’t go this alone. Friends, relatives, parents, colleagues, and others in your life are there for you. If reaching out to people you know feels uncomfortable, find a support group. A support system reminds those going through the grief of  wrongful death that others have made it through a similar experience and have found ways to move on.

• Get closure. Wrongful deaths often involve mistakes, carelessness, and negligence. Families deserve to be compensated for their loss. A wrongful death impacts so many lives – and those responsible need to be held accountable for their actions. A wrongful death lawyer can review your situation and give you advice on how best to move forward with your case – and your life. Give High & Younes a call today.

About High & Younes 

Our firm was started in 2012 by Justin High and Frank Younes, who are both lifelong residents of Nebraska and graduates of Creighton University School of Law. Our attorneys have represented countless individuals in wrongful death cases.

We get our clients the best results by working smart, communicating effectively, and maintaining integrity. This philosophy has earned us the respect and trust of judges and other lawyers alike. We take the time to listen to our clients and make the effort necessary to get them the results they need.

When it comes to wrongful death cases, we will handle all of the difficult steps of negotiating a settlement to get you the justice you deserve. If needed, we will take the case to the trial in civil court. Our lawyers are experienced litigators who will do everything we can to do right by your family. We will fight for you to make sure your loved one is not forgotten and that anyone left behind is taken care of. That’s our promise to you.

Remember, you only have two years after the death of a loved one to file a wrongful death lawsuit. It is best to start the process as soon as possible to make sure we can develop the strongest case. If you think you might want to pursue a wrongful death lawsuit, we will help you gather all of the information and documentation needed.

Please call (402) 933-3345 today to set up a consultation with our law firm. We can help.