While the death of a loved one is never easy, in cases where death results from another person’s careless actions, the experience can be far more traumatic. Speaking with a wrongful death attorney is crucial to ensure you receive justice on behalf of the deceased. In Nebraska, Demerath Law Office has a reputation for effective and diligent representation, which has won this law firm the esteem of clients all over the state. Here, they share a few pieces of information about the state’s wrongful death definition and policies.
Definition of Wrongful Death
According to Nebraska state law, wrongful death is described as an action performed by a third party that can be construed as an act that is neglectful or wrongful, or the failure to fulfill an obligation that subsequently caused grave injury to another person. Wrongful death claims are very similar to other types of personal injury claims. The primary difference is that the deceased can no longer make a claim, so family members must file suit on their behalf.
Damages That Can Be Recovered
There are a range of damages that can be awarded if a court finds your claim valid. For instance, you can be compensated for the deceased’s lost wages, expenses related to funeral services, pain and suffering, loss of companionship, medical costs, etc. In terms of pain and suffering, it can only be sought on behalf of the deceased (not pain and suffering experienced by family members). Your wrongful death attorney can clarify damages based on the specifics of your case.
Who Can File Suit
When filing suit, the legal representative of the deceased’s estate must be responsible for the official filing. As a civil suit, liability has a direct correlation to monetary damages, and punitive measures will not be a factor (unlike in criminal cases). Sometimes a criminal case may also be filed simultaneously, and this can have an impact on the civil case.
With four decades of legal experience, the skilled team of Omaha lawyers for wrongful death cases at Demerath Law Office is dedicated to helping you navigate complex legal issues just when you need it most. Schedule a consultation in Omaha by calling (402) 677-5656 today. If you’d like more information practice areas, please feel free to visit this firm online.