Omaha Wrongful Death Attorneys
Nebraska Statue: 30-809. Wrongful death; action authorized.
(1) Whenever the death of a person, including an unborn child in utero at any stage of gestation, is caused by the wrongful act, neglect, or default of any person, company, or corporation, and the act, neglect, or default is such as would, if death had not ensued, have entitled the person injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who, or company or corporation which, would have been liable if death had not ensued, is liable in an action for damages, notwithstanding the death of the person injured, and although the death was caused under such circumstances as amount in law to felony.
(2) No action for damages for the death of a person who is an unborn child shall be brought under this section against:
(a) The mother of the unborn child;
(b) A physician or other licensed health care provider if the death was the intended result of a medical procedure performed by the physician or health care provider and the requisite consent was given; or
(c) A person who dispenses or administers a drug or device in accordance with law if the death was the intended result of the dispensation or administration of the drug or device.
Wrongful death is the concept that one person’s death was wrongfully caused by the actions of another person or entity. A wrongful death lawsuit is a type of personal injury case in which surviving family members seek legal compensation for the loss of a loved one.
The personal injury attorneys at Injury Lawyer Omaha have handled wrongful death claims in Nebraska for over 25 years. Generally, wrongful death claims may be brought by a surviving spouses or next-of-kin within two years from the date of the death. In some cases, the time limit can be as short as six months. Various factors determine the amount of damages awarded to family members. They can include an estimated value of the financial support, services, and companionship that the victim would have provided.
At Injury Lawyer Omaha, our personal injury attorneys have more than 25 years of experience with the court system and insurance claims. We have helped injury victims throughout Nebraska, including Douglas, Sarpy, Cass, Dodge, Otoe, Gage, Washington, and Lancaster counties – and we are here to help you. Injury Lawyer Omaha offers prospective clients with a FREE case evaluation in person or over the phone. Contact us 24/7 by calling (402) 513-9784 or via email.
Nebraska Statue: 30-810. Action for wrongful death; limitation; in whose name brought; judgment; disposition of avails; compromise of claim; procedure.
Every such action, as described in section 30-809, shall be commenced within two years after the death of such person. It shall be brought by and in the name of the person’s personal representative for the exclusive benefit of the widow or widower and next of kin. The verdict or judgment should be for the amount of damages which the persons in whose behalf the action is brought have sustained. The avails thereof shall be paid to and distributed among the widow or widower and next of kin in the proportion that the pecuniary loss suffered by each bears to the total pecuniary loss suffered by all such persons. A personal representative shall not compromise or settle a claim for damages hereunder until the court by which he or she was appointed shall first have consented to and approved the terms thereof. The amount so received in settlement or recovered by judgment shall be reported to and, if so ordered, paid into such court for distribution, subject to the order of such court, to the persons entitled thereto after a hearing thereon and after notice of such hearing and of the time and place thereof has been given to all persons interested by publication three successive weeks in a legal newspaper published within the county or, if no legal newspaper is published within the county, then in a legal newspaper published in an adjoining county, except that the court for good cause shown may provide for a different method or time of giving notice and a person, including a guardian ad litem, conservator, or other fiduciary, may waive notice or any other requirement for the mailing or receipt of instruments by a writing signed by him or her and filed in the proceeding. Such amount shall not be subject to any claims against the estate of such decedent. When the amount of such settlement or judgment is ordered to be paid into the court and is five thousand dollars or more, the county court shall forthwith upon such settlement or payment of such judgment place such amount in interest-bearing certificates of deposit or a savings account in a banking institution pending the entry of an order of distribution by the court, and such interest that may accumulate pending the entry of such order shall be distributed in the same proportions as the settlement or judgment. The hearing to approve the terms of the compromise or settlement and the hearing for distribution of the amount so received in settlement or recovered by judgment may be combined into one hearing.
The more skilled and experienced your attorney, the higher your chances for obtaining maximum compensation. Thats why it is very important to contact the personal injury attorneys at Injury Lawyer Omaha. The experience and skills the injury attorneys at Injury Lawyer Omaha bring are unmatched in this area.
The personal injury attorneys at Injury Lawyer Omaha handle wrongful death cases throughout Nebraska – and we are ready to help you. Injury Lawyer Omaha offers prospective clients an initial case evaluation for free in person or over the phone. Contact us seven days a week by calling (402) 513-9784 or via email.