If you’re reading this, chances are you’ve lost a loved one in a tragic accident. We are deeply sorry you’ve been made to experience this horrific event, and our prayers are with you and your family. But before you file a wrongful death claim in Nebraska, let us help you with the legal terms to help take some burden off your shoulders.
What is a Wrongful Detah Claim in Nebraska?
Nebraska defines a “wrongful death claim” as a legal claim that can be filed against another person or company in the event their wrongful actions or negligence led to someone’s death.
What Does Negligence Mean?
“Negligence” is also a legal term in this case. Essentially, the court must determine that, had the victim survived, he or she could have pursued a legal action to recover damages. Then, the appointed representative (often a spouse or adult child of the victim) may file a lawsuit, or insurance claim, on their loved one’s behalf. A “wrongful death action” is a lawsuit filed to recover damages deserved by the person and the people he or she left behind.
Sadly, determining negligence is arguably the most difficult part of a wrongful death claim in Nebraska, which is why it's important to have qualified wrongful death lawyers on your side. We wish these were always cut-and-dry cases so that you and your family can get through this process as quickly as possible; you deserve time and space to grieve rather than shuffle through legal jargon and argue on your loved one’s behalf.
Still, Nebraska is a “comparative negligence” state, which means that negligence must be proven to be mostly the other party’s (defendant’s) fault. The defending party may try to prove your loved one was mostly at fault for his or her own accident, even if the defendant admits to having some responsibility in their death.
- The defendant (or offending party) must be proven to be more than 50% responsible for your loved one’s death.
- If the decedent was less than 50% responsible – let’s say 40% -- then the claim can go forward.
If the evidence can’t prove that the defendant was over 50% responsible for your loved one’s death, then your wrongful death claim in Nebraska cannot go forward.
Contact Our Nebraska Wrongful Death Lawyers for Help Recovering Financially
Finding evidence for this case is stressful, and the thought of ever being denied justice for your loved one’s death is undoubtedly frightening. Our Nebraska wrongful death lawyers at Steffens Law are more than able to walk you through this process and alleviate some of the burden you’re facing. We will be with you through this heartbreaking time and help navigate you the best path forward.
If you and your family are facing grief due to the wrongful actions of another, don’t hesitate to act. Contact our office online or give us a call at (308) 872-8327 so our Nebraskaw wrongful death lawyers can answer any questions you might have.