A death in the family is always a devastating experience, and if a loved one died of an unexpected but preventable accident, it can be even more overwhelming. Unfortunately, wrongful deaths are more common than most people realize.
According to the Centers for Disease Control and Prevention, there are more than 2.5 million deaths in the United States annually. A significant number of these occur because of accidents, and many of them lead to claims against the negligent individuals responsible.
If you lost a family member or loved one in an accident, you may be able to claim damages or compensation, but there are several factors that you need to keep in mind, including who can file the claim and how long you have to do so after the death. At Rensch & Rensch Law, we can assist you with this process.
We are Omaha personal-injury lawyers with experience in accident law, and we can examine the circumstances surrounding your case and help you through the process. Our attorneys have more than 45 years of combined legal experience, which we will use to provide guidance during this difficult time.
Call us today at 1-800-471-4100 to schedule an appointment with a personal-injury lawyer in Omaha, and read on for more information regarding wrongful death in Nebraska.
Who can bring the claim?
According to the Nebraska Legislature, the purpose of a wrongful death claim is to benefit the deceased’s surviving family members, and a legal representative of the individual’s estate must file it with the courts. Wrongful death claims are civil lawsuits, and the legal representative must file the claim for monetary value in a court of law. It is important to remember that a civil lawsuit is independent of a criminal suit, and while the two may run concurrently, a criminal lawsuit will not recover any damages for the victim’s family.
You may also file a wrongful death claim against the estate of a person who committed a wrongful or negligent act that caused the death if the individual if he or she died in the accident, too. An experienced lawyer will be able to help the legal representative with filing the claim and identify when and how to do so.
Claim Time Limits
As with most civil lawsuits involving injuries or wrongful death, there is a limit to the amount of time you have to bring the claim. According to Nebraska Statutes, you must file the claim within two years of the death. If you attempt to file a claim for compensation after the two-year period, it is highly likely that the court will not even consider it, and you will no longer have any legal options available.
Wrongful death claims can be complicated and difficult to understand. If you lose a loved one in an accident, call an Omaha personal-injury attorney from Rensch & Rensch Law today at 1-800-471-4100. We can evaluate your specific situation and help identify if you may have a valid claim.