3 Crucial Steps in a Nebraska Wrongful Death Claim – Omaha Injury Attorney Insights
The loss of a loved one can cause overwhelming grief. In addition to the emotional hardship, surviving family members may face financial troubles if the deceased was a primary source of income.
Although no amount of money can bring back your loved one, a wrongful death claim may help you avoid insurmountable debt and even bankruptcy. You may be entitled to compensation to pay for health-care expenses, funeral costs, loss of future earnings and other damages.
An Omaha injury attorney from Rensch & Rensch Law can evaluate your case to determine if you may have grounds for a wrongful death claim. We can gather evidence, talk to witnesses and handle settlement negotiations.
Our attorneys have more than 45 years of combined legal experience. Call 1-800-471-4100 to schedule a consultation. You can also learn more about wrongful death claims in Nebraska by visiting www.USAttorneys.com.
Here is a brief overview of three crucial steps in a Nebraska wrongful death claim:
- Appoint a Personal Representative
In Nebraska, the deceased’s estate representative is the only person who can file a claim of wrongful death. If the deceased did not name anybody in a will, then the court may designate this task to a surviving family member, according to the U.S. Department of Health & Human Services.
- Gather Important Documents
The personal representative will need to collect certain documents and health records. According to the Centers for Disease Control and Prevention, because of HIPAA regulations and certain safety laws, the estate representative is the only person with access to certain documents.
OMI’s Findings and Report
The Office of the Medical Investigator will provide an in-depth analysis of your loved one’s cause of death. This report is important for your claim and has more value than the traditional death certificate. Information on the OMI report may conflict with the death certificate, in which case an expert evaluation may be necessary.
Death Certificate
You will need the original death certificate for your claim. This document states the time, date, findings and cause of death. Although death certificates are not always accurate, they still act as the official confirmation of death.
Incident Reports
There should be at least one incident report for every accident that results in a wrongful death. Depending on the circumstances of the accident and its location, there may be several incident reports. Collect all of them from the employer, premises or police station.
- Do Not Give Statements without the Guidance of an Accident Lawyer
You will have to deal with an insurance company when claiming wrongful death. As a business, the insurance company’s goal is to turn a profit. For this reason, adjusters look for reasons to dispute claims, reduce payouts and deny claims altogether. Do not talk to an insurance company without the guidance of an injury attorney.
If you are dealing with the tragic aftermath of a wrongful death, contact Rensch & Rensch Law. An Omaha accident lawyer can handle your claim so you can focus on personal recovery. Call 1-800-471-4100 to schedule a consultation.
