While the death of a loved one is never easy to contend with, it can be harder when the loss was caused by someone else’s careless actions. If this has happened to someone you love in Omaha, NE, you may be interested in filing a wrongful death claim. But first, says the team at Salerno & Associates, it’s essential to understand more about this area of personal injury law.

Understanding Wrongful Death Suits

What Constitutes Wrongful Death?

Wrongful death claims are similar to personal injury cases, except the suit is filed on behalf of another person (i.e., the deceased). A family member will take legal action due to the loss of life caused by negligence. These types of cases differ from criminal ones because the death was not intentional or premeditated.

How Is Negligence Proven?

For a claim to be successful, negligence must be proven. As such, duty of care must first be established. This is the legal concept that states that all people have a duty to  act in a way that keeps others free from harm. To prove a negligence claim you must prove the other person’s actions directly led to the death of your loved one, and their family is now suffering financially as a result.

Who Can File a Claim?

Typically, only immediate family can file a wrongful death claim on behalf of loved ones. This is because these are the people most likely to be affected by the loss, both emotionally and financially. However, there are exceptions. Speak with an experienced attorney if you wish to file a claim but are not an immediate family member.

Skilled legal assistance is a must when negligence results in loss of life, and Salerno & Associates can help local clients make wrongs right. Call (402) 502-9002 to schedule a consultation with a personal injury attorney in Omaha today. You can also visit this firm online to learn more about the full range of practice areas, including those legal services related to wrongful death claims.