Even under natural circumstances, loss of a loved one can be tragic, but losing a family member unexpectedly can be absolutely devastating. Preparing for such an event may seem ominous and difficult but will be immeasurably helpful if you do find yourself in such a terrible situation. Wrongful death can be interpreted as a claim against the wrongful action of an individual or body of people, which caused injuries resulting in death. Wrongful death also applies to a situation where an individual failed to intercede or act and resulted in death.
If you have experienced a wrongful death of a loved one, we know how overwhelming it can be to handle the legal procedures while coping with the loss emotionally and managing financially. Trust us at needaninjuryattorneynebraska.com to handle the legal part of this tragic incident and let us build a strong case on your behalf, while you focus on healing with your family.
Defining Wrongful Death
Wrongful death is when an individual or party’s negligence or actions result in someone’s death. These cases are civil lawsuits and the family of the deceased can seek compensation for the loss. It is important to note that wrongful death cases are not criminal in nature, which means that we don’t need to prove malicious intent or guilt on the accused party’s side. All that needs to be presented is that –
- It resulted in a person’s death
- It was due to someone’s negligence
- The family of the deceased suffered financial losses as a result of the death
- There’s an appointed person to handle the deceased’s assets and affairs
Upon fulfilling the above requirements, a wrongful death case can be prepared and brought to court.
Claiming Wrongful Death
The eligibility for a family member to claim compensation for wrongful death may vary from state to state, but in most states, the immediate family is entitled to file. In Nebraska, the following members can be claimants –
- Those financially depended on the deceased
It is important to note that wrongful deaths must be filed within two years since the death of the person.
Compensating Wrongful Death
To prove accused party’s negligence and to ensure the right worth of financial damage, an expert on the specific field may be brought in to calculate the amount of compensation. Here’s a list of compensations that can also be petitioned to receive –
- Medical costs
- Burial expenses
- Loss of future earnings
- Loss of consortium
- Emotional distress
- Pain and suffering experienced by deceased before death.
There is no way to determine the price of a loved one’s life and questioning how filing for wrongful death will compensate for loss is natural and completely understandable. We understand the difficulty and emotional turmoil you feel during this time and this is why our lawyers at needaninjuryattorneynebraska.com are better equipped to helping you recover and getting you through the stressful litigation process. Our highly valued staff take the time to build a strong relationship with you to get a deeper understanding of your needs and support you not only as your professional advisor but alsoas your confidant. Get in touch with us now for further guidance.