Losing a loved one in a truck accident is devastating. As you grieve, you may face financial strain from medical bills, funeral expenses, and the loss of your family member's income. You know you need help, but you're unsure where to turn.
At the Law Office of Matthew A. Lathrop, we understand the overwhelming challenges grieving families face after a deadly truck accident. While no amount of money can replace your loved one, filing a wrongful death claim can provide much-needed financial relief and a sense of justice. Our compassionate Nebraska wrongful death lawyers are here to guide you through the process and fight for the compensation your family deserves.
Understanding Nebraska's Wrongful Death Laws
In Nebraska, a wrongful death occurs when someone dies due to the "wrongful act, neglect, or default" of another person or entity. This includes fatal injuries caused by negligent, reckless, or intentional actions. When a commercial truck driver's careless behavior causes a deadly crash, the victim's eligible survivors have the right to seek damages through a wrongful death claim.
It's important to understand that a wrongful death claim is a civil action, separate from any criminal charges the at-fault party might face. While a criminal conviction can provide a sense of justice and closure, it does not compensate the family for their financial and emotional losses. That's where a wrongful death claim comes in.
Who Can File a Wrongful Death Claim in Nebraska?
Under Nebraska law, only certain family members are allowed to file a wrongful death lawsuit. The personal representative of the deceased person's estate must bring the claim on behalf of the eligible beneficiaries. If the deceased had a will, the personal representative is typically the executor named in the will. If there is no will, the court will appoint a personal representative.
The personal representative files the claim for the benefit of the deceased person's surviving:
- Spouse. The surviving husband or wife is first in line to receive compensation from a wrongful death claim. If the deceased was married at the time of their death, their spouse is entitled to a share of the damages awarded.
- Children. If the deceased had children, they are eligible beneficiaries under Nebraska's wrongful death statute. This includes biological and adopted children, regardless of their age at the time of the parent's death.
- Parents. If the deceased was not married and had no children, their surviving parents can recover damages through a wrongful death claim.
If the deceased had no surviving spouse, children, or parents, the wrongful death claim is brought on behalf of their estate. In this situation, any damages recovered are distributed to the deceased's heirs as outlined in Nebraska's intestate succession laws.
Damages Available in a Nebraska Wrongful Death Claim
When you've lost a loved one in a preventable truck accident, no dollar amount can make up for your profound loss. However, a wrongful death claim can help ease the financial burden and provide a measure of accountability. Damages available in a Nebraska wrongful death case may include:
- Medical expenses related to your loved one's final injury
- Funeral and burial costs
- Lost wages and benefits your loved one would have earned
- Loss of your loved one's companionship, care, and guidance
- Mental pain and suffering of the survivors
- Loss of inheritance
Calculating the full value of these damages is complex, especially regarding intangible losses like the loss of companionship. An experienced Nebraska wrongful death lawyer can help you determine what your claim might be worth and fight for every dollar you deserve.
Why You Need Legal Guidance
Pursuing a wrongful death claim after a devastating truck accident is emotionally and legally challenging. Trucking companies and insurers often fight these claims aggressively, attempting to shift blame or minimize the damages. You need a strong advocate in your corner who can hold them accountable.
At the Law Office of Matthew A. Lathrop, we have extensive experience handling all kinds of truck accident cases. We know how to investigate these wrecks thoroughly, gather evidence, and build compelling cases for maximum compensation.
No family should have to endure the heartbreak of losing a loved one in a senseless truck crash. If you find yourself in this unimaginable situation, our Omaha wrongful death lawyers are here to provide compassionate guidance and aggressive representation.