Omaha Fatal Car Accident Attorney
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Legally Reviewed By: Robert M. Knowles
Attorney & Partner At Knowles Law Firm
- No fees unless we win
- 100% free consultation
- Millions recovered for victims
Losing a loved one in a car accident is a devastating experience no family should have to go through. This heartbreaking situation can leave you with intense emotional pain and financial burdens, from loss of income to funeral costs.
While legal action won’t fill the void your loved one left behind, holding the liable party accountable for their negligence can help you achieve the justice you and your loved one deserve. At Knowles Law Firm, we are here to take your legal burdens off your shoulders and ensure your voice is heard during this difficult time.
We have spent 55 years helping Omaha families seek compensation after fatal car accidents, obtaining million-dollar settlements for our clients. Our experienced Omaha car accident lawyers understand the complexities of these cases and communicate with you every step of the way to keep you informed of your rights and what to expect throughout the legal process.
With our comprehensive services and commitment to excellence, you can trust us to handle every aspect of your case while you deal with your grief and focus on what matters most.
Why Choose Knowles Law Firm for Your Fatal Car Accident Claim?
When choosing a lawyer for your Omaha wrongful death claim, finding a team that understands the difficult times you face and provides the high-quality services you deserve is crucial. At Knowles Law Firm, we do just that.
Our experienced attorneys set us apart in the following ways:
- Communication: When you work with us, we communicate regularly and give you real-time advice so you have the information you need to handle your claim and understand your rights.
- Client-Focused: At Knowles Law Firm, you are more than just a number. We take a client-focused approach, prioritizing your needs and working hard to establish trust.
- Accessible Legal Services: We understand the financial burdens that come with losing a loved one in a fatal car accident, so we provide affordable services on a contingency fee basis. This means you only pay if we win your case.
- Specialized Experience: We only handle personal injury cases, like wrongful death, so we have decades of refined experience that perfectly positions us to handle your case effectively.
- Reputation: Our exceptional legal services and commitment to our clients have garnered countless positive reviews that speak for themselves, giving you peace of mind that you are in the right hands when working with us.
Whether you are a personal representative of a loved one’s estate or a family member looking to seek justice for a loved one, Knowles Law Firm is here to provide the services you need so you can focus on your family and process your grief. Our focus for our 55 years of experience has been getting our clients the compensation they deserve, and the same goes for your case.
What Qualifies as a Fatal Car Accident Wrongful Death Case in Nebraska?
In Nebraska, when someone passes away due to another party’s accidental or intentional negligence, the decedent’s estate can file a wrongful death claim.
Therefore, if you tragically lose a loved one in a fatal car accident, you may file a wrongful death claim if you can prove the following points:
- Duty of Care: Duty of care is a legal obligation an individual or entity owes to the safety of others. In your case, the liable driver owed your loved one a duty to follow the rules of the road and operate their vehicle safely and responsibly.
- Breach of Duty: The liable driver breached their duty of care by speeding, driving under the influence, violating state or federal laws, or engaging in unsafe behavior.
- Direct Causation: This breach of duty directly caused the fatal accident and your loved one’s passing.
- Damages: Your loved one’s death resulted in damages for you and your family.
At Knowles Law Firm, we conduct a thorough investigation to prove these points of negligence, gathering evidence such as medical records, the police report, video footage, cell phone records, and witness testimony.
With this information, we can build a strong claim that gives you and your family the best chance of achieving the justice and maximum compensation you deserve.
Who Can File a Claim After a Fatal Car Accident in Omaha?
Losing a loved one in a fatal car accident impacts many family members, and many states allow surviving family members to file a wrongful death claim. However, Neb. Rev. Stat. § 30-810 (2021) requires the personal representative of the deceased person’s estate to be the one to file this type of claim.
The personal representative is the individual named in the decedent’s will or trust, or if none, an interested person appointed by the court. The personal representative may or may not be a family member. If there is no will or trust naming a personal representative, we can help have a personal representative appointed.
Whether or not the personal representative is a family member, they must file the wrongful death claim to benefit the decedent’s surviving family members. We understand this role can be intimidating, so we can help the personal representative better understand the process and what to expect so they can make the best decisions for everyone involved.
Who May Be Liable for a Fatal Car Accident?
Car accidents often happen quickly, making it challenging to know who is responsible for your loved one’s death. With the evidence we gather, we can help you identify the liable party or parties that caused the collision and hold them liable for their negligence and your loved one’s passing.
Depending on the unique details of your case, one or more of the following parties may be responsible for your loved one’s wrongful death:
- Another Driver: If another driver fails to follow traffic laws, drives recklessly, or while under the influence, they may be liable for your wrongful death claim.
- Employer: If the liable driver was working at the time of the accident, their employer may take responsibility for their negligence.
- Pedestrian: Like drivers, pedestrians must follow traffic signals. If they ignore these signals or run out into the street, drivers may not have time to stop, causing an accident. In this case, the pedestrian may be responsible.
- Bicyclist: Nebraska has laws for bicyclists that state where to ride and when to be in the bike lane. If a bicyclist rides on a major roadway, outside the bike lane, or ignores traffic laws, they may be liable for a fatal car accident.
- Manufacturer: Perhaps a defective part caused the fatal car accident. In this case, the manufacturer of the part may be liable for wrongful death.
- Property Owner or Government Agency: Property owners and government agencies are responsible for maintaining their roads and keeping them safe for drivers. Therefore, if poor road conditions caused the accident, the property owner or government agency responsible for them may be held accountable.
In some cases, multiple parties share responsibility for a fatal car accident. For these situations, Nebraska uses a modified comparative negligence system, which assigns each party a percentage of fault that gets deducted from their respective damages. For example, if someone is 20% at fault for an accident, their compensation will be reduced by 20%. Anyone over 50% responsible cannot collect damages.
At Knowles Law Firm, we understand this system and how insurance companies may use it against you. They may attempt to assign your loved one an unfair portion of the blame or lowball you. We understand these tactics and work hard to develop personalized strategies and negotiate with insurance companies for a fair settlement.
Recovering Damages After a Fatal Car Accident
Unexpectedly losing a loved one in a fatal car accident due to someone else’s negligence has a deep impact on a family, from emotional distress to loss of support. You should not be responsible for damages another party caused, so we fiercely advocate for just compensation.
Based on your specific circumstances, you and your family may recover the following costs:
- Medical expenses related to the decedent’s injuries
- Funeral and burial costs
- Pain and suffering
- Loss of income the deceased would have earned
- Loss of consortium
- Loss of companionship, care, and comfort
- Value of the decedent’s household services, such as cleaning, childcare, and maintenance
The attorneys at Knowles Law Firm consider every detail when calculating your wrongful death claim’s value, using medical bills, tax returns, pay stubs, and personal statements about how your loved one’s death has affected your life to help you achieve maximum compensation and hold the liable party accountable. Any damages recovered in Omaha wrongful death claims should be distributed to the surviving spouse and next of kin.
How Can a Lawyer Help With Your Omaha Fatal Car Accident Claim?
Dealing with the legal process and car insurance companies after losing a loved one in a fatal car accident can be overwhelming. Fortunately, with the help of the experienced lawyers at Knowles Law Firm, you do not have to handle it alone.
We proudly provide unmatched comprehensive legal services, handling every aspect of your wrongful death claim, including the following:
- Conducting a thorough investigation of your case
- Collecting and analyzing evidence
- Interviewing witnesses
- Navigating Nebraska’s wrongful death laws
- Answering your legal questions
- Utilizing valuable resources, including accident reconstructionists and traffic analysts, to strengthen your claim
- Creating a customized strategy based on your unique situation
- Accurately calculating your claim’s value
- Negotiating with insurance adjusters
- Taking your claim to court if necessary
When managing your claim, we work efficiently to meet Nebraska’s two-year statute of limitations. There are some exceptions to this deadline, which we can help you understand, but the general rule is the claim must be filed within two years of your loved one’s passing.
Handling this intricate process alone can make it challenging to meet this deadline, so it is essential to act quickly and seek guidance from Knowles Law Firm to take full advantage of your opportunity to pursue justice.
Schedule a Free Consultation With the Reputable Omaha Fatal Car Accident Lawyers at Knowles Law Firm
At Knowles Law Firm, we understand the profound impact losing a loved one in a car accident can have on your family. We are here to guide you through the complexities of a wrongful death claim, providing personalized legal guidance every step of the way. With our extensive experience handling these cases and a track record of securing multi-million dollar settlements, you can trust that we will work tirelessly to build a strong claim on your behalf.
Let us handle the legal burden while you focus on grieving and healing. Schedule a free consultation with us today by calling (402) 431-9000 or filling out our contact form. We are ready to help you seek justice for your loved one.
About Our Attorney
Robert M. Knowles
Attorney & Partner at Knowles Law Firm
Robert has tried cases in both state and federal courts and was selected as one of the top 100 litigation lawyers in Nebraska for 2014 by the American Society of Legal Advocates. Less than 1.5 percent of lawyers nationally are selected for this recognition. He is rated AV by Martindale-Hubbell which is the highest rating an attorney can obtain. He was also selected by Martindale-Hubbell as a 2019 Top Rated Lawyer.
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