Wrongful death claims seek monetary compensation for the survivors of a deceased person. A successful wrongful death lawsuit depends on proof of the defendant’s legal responsibility and proof of damages. Survivors might include spouses, children (including adopted), domestic or life partners, and putative spouses. In some states, more distant family members can also file suit.
Working with a Lawyer
Dealing with legal matters during a time of mourning can be overwhelming. An experienced injury lawyer will have the skill and resources to resolve a wrongful death claim quickly, efficiently, and fairly. It is necessary to demonstrate that the defendant’s acts directly resulted in the victim’s losses in a wrongful death lawsuit. The law allows families to recover monetary compensation for economic and non-economic damages. Economic damages are more concrete items that are easier to assign a dollar value to, such as funeral expenses and final medical bills. If you have lost a loved one due to another person or party’s negligent actions, contact TonaLaw today to schedule a free case evaluation. Nebraska Revised Statute 30-810 specifies when a wrongful death case must be filed in Omaha. The Act requires initiating a lawsuit within two years of an untimely death. Even though two years may seem like a long time, you should not put off getting legal counsel. A compassionate Omaha wrongful death attorney will help determine whether to proceed with a civil suit against the responsible parties.
Holding the Responsible Party Accountable
Wrongful death claims are a form of civil law that allows survivors to file a lawsuit against a person or company for damages stemming from someone else’s actions. While state statutes vary somewhat, the general definition of wrongful death involves any fatality that would have given rise to a personal injury claim had the deceased person survived. Survivors can bring a wrongful death suit on behalf of the decedent’s estate. Eligible survivors are typically immediate family members like spouses, children, and parents of unmarried children. However, eligibility may also extend to putative spouses and financial dependents. Damages cover monetary damages, such as lost wages, burial costs, and discomfort and suffering. Juries often base the amount of money awarded on multiple factors, including a person’s income before their death and the extent to which family members relied on them for support. Money can’t bring a loved one back, but it can lessen some of the financial hardships surviving must endure.
Recovering Damages
While no amount of money can bring back a loved one, financial compensation can help ease the financial burdens that survivors are left with. It can include paying for medical expenses, funeral costs, lost income and other losses. Surviving family members may also be entitled to compensation for non-economic losses. These damages can include the loss of love, comfort, affection, companionship, guidance and moral support. The family can also seek to hold the at-fault party liable for emotional suffering. However, establishing the value of these types of damages can be difficult. That is why it is important to work with a highly experienced attorney. A wrongful death lawsuit will typically result in a settlement. Survivors can accept a lump-sum payment or structure the settlement in an installment arrangement. An installment arrangement allows survivors to receive payments over time, helping them manage their expenses more easily. It also helps ensure that any outstanding medical or other liens are satisfied.
Providing a Sense of Closure
Depending on the state, wrongful death statutes vary in addressing issues like who can file such a lawsuit and what damages might be awarded. However, in general, criminal death cases are similar to personal injury lawsuits in that they allow the surviving family members of the deceased to seek monetary damages for losses incurred due to the person’s passing. These losses, known as “pecuniary” damages, may cover funeral costs, the deceased person’s agony and suffering before death, lost wages, and more. Many states include punitive damages in their wrongful death laws as well. One way the monetary award from a criminal death settlement can be distributed is through a structured settlement, which offers a steady income stream over time rather than a lump sum. It can be helpful for those who need to budget their money. For those who need help understanding the details of a wrongful death claim, contacting an experienced attorney can be beneficial.
