In Nebraska, a wrongful death claim can be brought when someone dies as a result of the negligent or intentional actions of another individual or entity. A wrongful death claim can be filed by the surviving family members of the deceased person in order to seek compensation for the damages they have suffered as a result of their loved one’s death.
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Who Can Bring a Wrongful Death Claim in Nebraska?
Nebraska law outlines who is eligible to bring a wrongful death claim. Generally, the deceased person’s spouse, children or parents can bring a wrongful death claim. If the deceased person does not have a spouse, children, or parents, a personal representative may bring the claim on behalf of any other heirs.
Types of Incidents that Can Result in a Wrongful Death Claim
There are a variety of incidents that can result in a wrongful death claim in Nebraska. Here are some common examples:
Car Accidents
Car accidents are one of the leading causes of wrongful death claims in Nebraska. If an individual is killed in a car accident as a result of another driver’s negligence, the surviving family members may be entitled to file a wrongful death claim.
Medical Malpractice
Medical professionals have a duty to provide a certain standard of care to their patients. If a medical professional’s negligence leads to a patient’s death, the surviving family members may have grounds for a wrongful death claim.
Workplace Accidents
If an individual is killed while on the job, their family members may be able to file a wrongful death claim against their employer. This is particularly true if the employer was negligent in providing a safe work environment or failed to follow relevant safety regulations.
Product Liability
If a defective or dangerous product causes a person’s death, the surviving family members may be able to file a wrongful death claim against the manufacturer of the product.
Damages That Can Be Recovered in a Wrongful Death Claim
Wrongful death claims can help surviving family members recover financial compensation for the damages they have suffered as a result of their loved one’s death. Some of the damages that can be recovered in a wrongful death claim include:
- Funeral and burial expenses
- Medical bills related to the deceased person’s final illness or injury
- Lost income and future earning potential of the deceased person
- Loss of companionship, love, and support experienced by the surviving family members
Time Limit to File a Wrongful Death Claim in Nebraska
It is important to note that there is a time limit to file a wrongful death claim in Nebraska. The statute of limitations for wrongful death claims in Nebraska is two years from the date of the deceased person’s death. It is important to act quickly in order to ensure that your claim is filed within the statute of limitations.
Why You Need an Experienced Wrongful Death Attorney
Wrongful death claims can be complicated and emotionally challenging. It is important to seek the help of an experienced wrongful death attorney who can guide you through the process and fight for the compensation you deserve. An attorney can help you gather evidence, handle negotiations with insurance companies, and represent you in court if necessary.
Conclusion
Losing a loved one is never easy, especially when their death was caused by the negligence or intentional actions of another person or entity. If you have lost a loved one in Nebraska due to someone else’s actions, it is important to consider filing a wrongful death claim. Consulting with an experienced wrongful death attorney can help you understand your options and fight for the compensation your family deserves.