The call comes in the middle of the night. There's been an accident and your loved one didn't survive. As you process this devastating news, a tidal wave of emotions crashes over you. How will your family cope with this unimaginable loss?
While no amount of money can ever replace a cherished family member, pursuing a wrongful death claim can provide much-needed financial support as you try to move forward. At the Law Office of Matthew A. Lathrop in Omaha, we understand the immense emotional and economic impact of losing someone you love. We'll handle the legal details so you can focus on honoring your loved one's memory.
Filing a Wrongful Death Claim in Nebraska
In Nebraska, the personal representative of the deceased person's estate is responsible for filing a wrongful death claim. Any damages recovered benefit the deceased person's surviving family members.
The statute of limitations for wrongful death claims in Nebraska is generally two years from the date of the deceased person's death. While this may seem like ample time, critical evidence can disappear quickly after a fatal crash. An experienced wrongful death attorney can preserve evidence to support your case, which may include:
- Accident scene photos
- Witness statements
- Vehicle damage reports
- Electronic data recorder (black box) information
- Truck driver logbooks
- Toxicology reports
Economic Damages in Nebraska Wrongful Death Claims
When someone else's negligence causes a fatal car accident, surviving family members can seek compensation for quantifiable financial losses. These economic damages may include:
Medical Expenses
Any medical bills incurred in an attempt to save your loved one's life are compensable in a wrongful death claim. This includes ambulance fees, emergency room charges, diagnostic tests, surgical procedures, medications, and other treatment costs.
Funeral and Burial Costs
The average funeral cost in Nebraska ranges from $7,000 to $12,000. A wrongful death settlement or verdict can cover expenses for the casket, cemetery plot, headstone, funeral service, obituary notices, and related costs.
Lost Income and Benefits
If your loved one contributed financially to the household, you can seek compensation for their lost earnings. This includes their current salary and projected future income, bonuses, commissions, and benefits like health insurance or retirement contributions.
Loss of Household Services
Stay-at-home parents and retired individuals often provide valuable household services that must now be outsourced. A wrongful death claim can account for the cost of childcare, cleaning, cooking, home maintenance, and other domestic responsibilities previously handled by the deceased.
Non-Economic Damages for Surviving Family Members
No price tag can be placed on a human life, but Nebraska law allows surviving family members to seek compensation for intangible losses, such as:
Loss of Companionship
The court recognizes that losing a spouse, parent, or child creates a profound void. Non-economic damages can acknowledge the loss of love, guidance, support, and affection the deceased would have provided.
Mental Anguish
Watching a loved one suffer or learning of their death can cause immense emotional distress. Survivors may experience depression, anxiety, and other mental health challenges that impact their quality of life.
Loss of Consortium
The loss of intimate relations and emotional support between spouses is a compensable damage in Nebraska wrongful death cases.
Calculating Wrongful Death Damages
Determining the value of a wrongful death claim is a complicated process that requires the expertise of skilled attorneys and financial experts. An experienced wrongful death lawyer will work with economists, life care planners, doctors, mental health professionals, and other specialists to calculate the full extent of your losses.
Several variables influence the value of a wrongful death claim, including:
- The age and health of the deceased. Younger individuals with a longer life expectancy generally warrant higher settlements.
- The deceased's earning capacity. High-income earners often have larger economic loss calculations.
- The strength of liability evidence. Clear proof of the at-fault party's negligence can increase settlement value.
- Insurance policy limits. If the at-fault driver has minimal coverage, it may limit the available recovery.
- The identity of the at-fault party. Higher settlements may be possible if a commercial truck driver or government entity is liable.
We use objective evidence like tax returns and medical bills to determine economic damages. Calculating non-economic damages is more subjective, but equally important. We gather evidence to illustrate the impact of your loss, such as family photos and videos, testimony from friends and loved ones, and journal entries or social media posts that reflect your grief.
While no formula can quantify the value of a human life, we strive to convey the magnitude of your loss to the insurance company or jury.
Negotiating with Insurance Companies
Insurance companies often use their own formulas to minimize payouts in wrongful death cases. They may try to undervalue your claim by disputing liability, downplaying your losses, or shifting blame to the deceased. A skilled wrongful death lawyer can present compelling evidence of liability and damages to advocate for a fair settlement.
Pursuing Justice for Your Loved One
We know that the days and weeks after a sudden loss often pass in a blur. The Law Office of Matthew A. Lathrop is here to guide you through every step of the wrongful death claims process. Let us handle the insurance paperwork, accident investigation, and legal filings while you grieve. From calculating economic damages to illustrating your profound emotional loss, we'll build the strongest possible case for your family.