Omaha Wrongful Death Attorney

Filing a wrongful death claim occurs when someone’s negligent behavior or breach of duty results in the death of another person. This could include negligent operation of machinery or a company’s failure to warn about a product defect.

If negligence leads to the death of a family member, you may have the option to file a wrongful death claim. While nothing can bring back your loved one, securing financial compensation can help provide stability for your family in the future. The emotional and financial implications of a loved one’s death make it crucial to take legal action to secure compensation.

It’s essential to consult an experienced wrongful death attorney to hold the responsible party financially accountable and help your family find closure.

Why Hire Knowles Law Firm for Your Wrongful Death Claim?

We are dedicated Omaha wrongful death lawyers who have represented families in Omaha, Nebraska, for decades. Both Jim Jr. and Bob Knowles bring over 30 years of experience to every case. Our Omaha wrongful death attorneys guide families through the legal process, securing multi-million settlements while allowing you to focus on healing.

Our team handles a wide range of personal injury cases, helping surviving family members after any type of fatal accident. Our results-driven approach is evident in our case outcomes, with many clients achieving full financial recovery. Our wrongful death lawyers are committed to helping families navigate the complexities of wrongful death claims and seek financial compensation for their losses.

We handle wrongful death cases on a contingency fee basis, meaning you won’t pay any legal fees unless we win compensation for your family.

Understanding Wrongful Death in Omaha

Wrongful death occurs when someone’s negligence, recklessness, or intentional act leads to another person’s death. In Nebraska, wrongful death cases are governed by state law, allowing surviving family members to seek compensation.

You may file a wrongful death claim against the party responsible for your loved one’s death, securing financial support to help cope with both the emotional and financial toll of the loss.

Causes of Wrongful Death

Wrongful death can happen under many circumstances, including:

• Motor vehicle accidents: Car, truck, or motorcycle accidents that result in fatal injuries.
• Medical malpractice: Deaths caused by medical errors, surgical mistakes, or hospital negligence.
• Workplace accidents: Fatal accidents occurring on the job, such as in construction or industrial settings.
• Product liability: Deaths caused by defective products like faulty vehicles or medical devices.
• Slip and fall accidents: Fatal injuries from falls on public or private property.

Statute of Limitations for Wrongful Death Lawsuits in Nebraska

Nebraska law sets strict deadlines for filing wrongful death claims, known as the statute of limitations. If you miss this deadline, your case will likely be dismissed. You have two years from the date of your loved one’s death to file a wrongful death claim.

While wrongful death claims are handled in civil court, they are separate from any criminal trials that may also take place. Civil courts require a lower burden of proof, making it easier for a family to prevail in a wrongful death claim than in a criminal case.

Who Can File a Wrongful Death Claim?

In Omaha, Nebraska, the following individuals can file a wrongful death claim:

• The surviving spouse
• The deceased’s children
• The deceased’s parents
• The personal representative of the deceased’s estate

The plaintiff must prove that the defendant’s negligence or wrongful act caused the death. An experienced wrongful death attorney can help ensure your rights are protected throughout the process.

The Wrongful Death Lawsuit Process

The wrongful death lawsuit process can be complex and time-consuming, but understanding the steps involved is crucial to ensure you receive the compensation you deserve. Here’s an overview of the process:

Filing a Wrongful Death Lawsuit

To file a wrongful death lawsuit, you’ll need the expertise of an experienced wrongful death attorney who can guide you through each step. The initial phase involves determining whether you have a valid claim. Your attorney will meticulously review the circumstances surrounding your loved one’s death and advise you on the best course of action.

If you decide to proceed, your attorney will assist in gathering essential evidence to build a robust case. This may include:

• Collecting medical records and other pertinent documentation related to your loved one’s death
• Interviewing witnesses and obtaining their statements
• Reviewing police reports and other investigative materials
• Consulting with experts, such as medical professionals or accident reconstruction specialists

Once a solid case is established, your attorney will help you file a wrongful death lawsuit against the negligent party. This typically involves submitting a formal complaint to the court and serving the defendant with a summons.

Wrongful Death Lawsuit Timeline

The timeline for a wrongful death lawsuit can vary based on the complexity of the case and the court’s schedule. However, here’s a general outline of what you can expect:

• Filing the lawsuit: 1-3 months
• Discovery phase: 3-6 months
• Mediation or settlement negotiations: 3-6 months
• Trial: 6-12 months

These are rough estimates, and the actual timeline may be shorter or longer depending on your specific case. It’s also crucial to remember that there are strict time limits for filing a wrongful death lawsuit, known as the statute of limitations. In Nebraska, you have two years from the date of your loved one’s death to file a wrongful death lawsuit. Missing this deadline could bar you from recovering compensation.

If you’re considering filing a wrongful death lawsuit, it’s essential to work with an experienced attorney who can guide you through the process and ensure you receive the compensation you deserve. Contact an Omaha wrongful death lawyer today to schedule a consultation and discuss your options.

Compensation for Wrongful Death in Omaha

Losing a loved one’s death often results in both emotional and financial hardships. A wrongful death claim can provide financial support for families by considering factors such as:

• The deceased’s income
• The family’s dependence on that income
• Loss of companionship
• Medical and funeral expenses
• Other related costs

An experienced wrongful death lawyer will help you understand the compensation available and work to hold the responsible party financially accountable.

Benefits of Filing a Wrongful Death Claim

Filing a wrongful death claim offers several benefits, including:

• Financial support: Compensation for medical expenses, funeral costs, lost wages, and other expenses.
• Accountability: Holding the negligent party responsible for their actions, providing a sense of justice and closure.
• Emotional support: Acknowledging the loss and suffering your family has endured.
• Prevention: Acting as a deterrent to prevent similar accidents in the future.

If you’ve lost a loved one due to someone else’s negligence, it’s crucial to consult with experienced wrongful death lawyers to explore your options and navigate the complexities of your claim.

How Do You Choose Your Omaha Wrongful Death Lawyer?

Choosing the right attorney for your wrongful death case is essential for peace of mind. The right lawyer will simplify the legal process, making it easier for your family to focus on healing. Consider the following when selecting an attorney:

• A focus on wrongful death and personal injury law
• Open communication and regular updates
• A proven track record of successful case results
• Personalized legal strategies that fit your unique needs
• Positive client testimonials and a good reputation in the community
• Affordable rates and a contingency fee arrangement

Hiring the right Omaha wrongful death lawyer can significantly impact the outcome of your case. Your attorney will act as your loved one’s voice, proving the defendant’s wrongdoing and fighting for fair compensation for your family’s losses.

Contact a Compassionate Omaha Wrongful Death Attorney Today

If you’ve lost a loved one in a tragic accident, contact Knowles Law Firm today. Our compassionate wrongful death lawyers have decades of experience handling these cases and will work diligently to secure the compensation your family needs.

We understand the pain you’re experiencing and are here to support you through this challenging time. Call our Omaha office today for a free consultation to discuss your case.

Frequently Asked Questions About Wrongful Deaths in Omaha

What Are Wrongful Death Claims?

Nebraska defines wrongful death as a death resulting from another party’s default, neglect, or wrongful act. If your loved one could have filed a personal injury claim had they survived, you may have grounds to pursue a wrongful death claim on their behalf.

Speak with our personal injury attorneys to determine if your case qualifies and how to proceed.

What Damages Are Available in a Wrongful Death Lawsuit?

Damages in a wrongful death lawsuit include economic damages such as medical and funeral expenses, loss of financial support, benefits, and services, as well as non-economic damages like pain and suffering, loss of consortium, and loss of care and guidance. Consult with our qualified attorney to help determine the specific damages applicable to your case.

How Are Wrongful Death Settlements Paid Out?

The two basic payout options in a wrongful death lawsuit are a lump-sum settlement and a structured settlement. In a lump-sum settlement, the recipient receives the full amount at once, enabling them to pay their debts upfront.

In a structured settlement, recipients get periodic payments over time, providing a consistent income stream but with less flexibility than a lump sum; the best option depends on the family’s specific situation.

How Much Is a Wrongful Death Lawsuit Worth?

The value of a wrongful death lawsuit depends on factors such as economic damages (like medical expenses and loss of financial support) and non-economic damages (such as pain and suffering, loss of consortium, and guidance). Each case’s worth varies based on the specifics of the incident, the deceased’s circumstances, and the impact on surviving family members. Consult with our attorney to accurately assess the potential value of your claim considering these factors.