Losing a close family member is extremely difficult, especially when that loss happens because of another individual’s negligent or wrongful act. The experienced Omaha wrongful death attorneys at Steffens Law Accident Injury Lawyers, P.C. can take the necessary legal steps on your behalf and aggressively advocate for your rights.
For a free case evaluation and legal consultation with an experienced Omaha wrongful death lawyer, please call us at (402) 414-4898 or contact us online to learn more.
Table of contents
- Why Should We Represent You in Your Omaha Wrongful Death Case?
- How Much Is My Omaha Wrongful Death Case Worth?
- Common Occurrences that May Lead to a Wrongful Death in Omaha
- Proving the Elements of an Omaha Wrongful Death Case
- Fighting the Insurance Company in an Omaha Wrongful Death Case
- Steps to Take after a Loved One’s Wrongful Death in Omaha
- Talk with a Knowledgeable Omaha Wrongful Death Lawyer About Your Case Today
Why Should We Represent You in Your Omaha Wrongful Death Case?
When it comes to a wrongful death claim or lawsuit, you want a knowledgeable and compassionate team of attorneys in your corner. At Steffens Law Accident Injury Lawyers, P.C., we can immediately investigate the circumstances surrounding your loved one’s death and determine your legal options. We can also file a claim or lawsuit seeking the compensation and justice you deserve. If the insurance company refuses to offer you fair compensation, we can litigate your case at trial.
Our legal team has 50-plus years of combined experience settling and litigating personal injury and wrongful death cases. You can review our recent client testimonials here.
Let our compassionate and experienced attorneys advocate for your rights today.
How Much Is My Omaha Wrongful Death Case Worth?
In Omaha, the value of a wrongful death case can vary significantly based on the specifics of the situation. Wrongful death occurs when someone dies due to another person’s negligence or intentional wrongdoing. When determining the worth of a wrongful death case, several factors come into play, including the deceased’s age, earning potential, and the financial and emotional effect on the surviving family members.
Compensation in a wrongful death case first covers economic damages. These are intended to cover the financial losses resulting from the death. Economic damages can include:
- Lost income: If the deceased was the primary breadwinner, their lost income is calculated based on their past earnings and future earning potential.
- Medical Expenses: Costs incurred for the deceased’s final medical treatment before their death are also recoverable.
- Funeral and Burial Costs: These expenses, which can be substantial, are also typically covered under economic damages.
In addition to economic damages, there are non-economic damages. These are meant to compensate for the emotional and intangible losses that the surviving family members experience. Non-economic damages can include:
- Pain and Suffering: This covers the pain that the deceased experienced up until their death.
- Loss of Companionship: The value of the relationship that the family had with the deceased, including emotional support and companionship, is also considered.
The final amount of a wrongful death claim or lawsuit depends on a variety of factors, including the strength of the evidence, the effect on the surviving family members, and the specifics of the case. The experienced Omaha wrongful death attorneys at Steffens Law Accident Injury Lawyers, P.C. can ensure that all potential damages are accounted for and that the family receives fair compensation for their loss.
Common Occurrences that May Lead to a Wrongful Death in Omaha
In Omaha, Nebraska, wrongful death cases can arise from various types of incidents where someone’s negligence or misconduct leads to a person’s untimely death. Here are some of the most common occurrences that can lead to wrongful death:
- Traffic Accidents: Car accidents are a leading cause of wrongful death. These can include collisions between vehicles, pedestrian accidents, or motorcycle crashes. Common causes include reckless driving, speeding, drunk driving, and distracted driving. For example, a driver texting while driving can cause a fatal accident if they fail to notice a red light or a pedestrian crossing.
- Slip and Fall Accidents: Property owners have a duty to maintain their premises in a safe condition. When they fail to address hazards like wet floors, broken stairs, or uneven walkways, serious injuries can occur. If these injuries result in death, the property owner may be held liable for the wrongful death.
- Negligent Security: In some cases, a lack of proper security measures can lead to violent incidents such as assaults or robberies. For instance, if a property owner fails to provide adequate lighting or security personnel, leading to a fatal attack, they may be responsible for a wrongful death that occurs on their premises.
- Criminal Acts: Acts of violence such as shootings, stabbings, or other criminal behaviors can also result in wrongful death. The perpetrators of such acts can be held liable in civil court in addition to facing criminal charges.
- Negligent Driving: Beyond accidents involving other vehicles, cases where a driver’s negligence causes a death while they are in control of their vehicle, such as running red lights or failing to stop for school buses, can also lead to wrongful death claims.
- Reckless Behavior: Situations involving reckless conduct, such as drag racing, aggressive driving, or other high-risk activities, can lead to fatal accidents and subsequent wrongful death lawsuits.
Each of these situations involves a different set of facts and circumstances, but they all share a common element: a death that results from someone’s failure to act responsibly. If a loved one dies due to any of these occurrences, it’s important to consult with a knowledgeable Omaha wrongful death attorney at Steffens Law Accident Injury Lawyers, P.C. We can explore the possibility of filing a wrongful death claim and will pursue the compensation that you and your family deserve.
Proving the Elements of an Omaha Wrongful Death Case
Proving the legal elements of a wrongful death claim or lawsuit in Omaha, involves several key steps. To succeed, you need to demonstrate that the at-fault party’s (defendant’s) actions directly caused the death and that you, as the plaintiff, have suffered damages as a result. Here’s a breakdown of how to prove these elements:
- Establishing the Defendant’s Legal Duty of Care: The first step is to show that the defendant owed a duty of care to the deceased. Duty of care refers to the responsibility to act in a way that avoids harming others. For example, drivers have a duty to follow traffic laws and drive safely. Property owners have a duty to maintain a safe environment.
- Proving Breach of Duty: Next, you need to prove that the defendant breached their duty of care. This means showing that their actions or inactions fell short of what a reasonable person would do in the same situation. For instance, if a driver was speeding or texting while driving, then they have breached their duty of care.
- Demonstrating Causation: To win a wrongful death case, you must prove that the breach of duty directly caused the deceased’s death. This involves showing a clear link between the defendant’s actions and the fatal outcome. For example, if a negligent driver’s actions led to a crash that resulted in death, you need to prove that the crash was a direct result of the driver’s negligence.
- Proving Damages: Finally, you must show that the death resulted in damages that the surviving family members are entitled to recover. This includes both economic and non-economic damages. Economic damages cover financial losses, such as lost earnings and funeral expenses. Non-economic damages include emotional suffering and loss of companionship.
- Gathering Evidence: Collecting and presenting strong evidence is crucial. This can include police reports, medical records, witness statements, and expert testimony. Evidence helps establish the facts of the case and supports your claims about the defendant’s breach of duty and the resulting damages.
By proving these elements and presenting strong evidence, you can establish a successful wrongful death claim or lawsuit in Omaha. The experienced Omaha wrongful death attorneys at Steffens Law Accident Injury Lawyers, P.C., can greatly assist in navigating this complex process.
Fighting the Insurance Company in an Omaha Wrongful Death Case
Fighting the insurance company in an Omaha, Nebraska, wrongful death case can be challenging, but an experienced attorney can make a significant difference. At Steffens Law Accident Injury Lawyers, P.C., here’s how we can help you throughout this process:
- Gathering Evidence: We will start by collecting all of the necessary evidence to support your claim. This includes medical records, accident reports, witness statements, and any other documentation that proves the defendant’s negligence and the damages suffered. Strong evidence is crucial in making a compelling case.
- Calculating the Damages: We will carefully assess the economic and non-economic damages you’ve incurred. Economic damages may include lost income, medical bills, and funeral expenses, while non-economic damages cover pain and suffering and loss of companionship. Accurate calculations help to ensure that you and your family receive fair compensation.
- Negotiating with the Insurance Company: Insurance companies often try to settle claims quickly and for as little money as possible. We use our experience to negotiate effectively on your behalf. Our goal is to secure a fair settlement that fully covers your damages rather than accepting a low offer that may not meet your needs.
- Filing a Lawsuit: If negotiations don’t lead to a fair settlement, we can file a lawsuit to pursue the compensation you deserve. We handle all the legal paperwork, court filings, and procedural requirements, allowing you to focus on your recovery and family.
- Representing You in Court: If your case goes to trial, we will represent you in court, presenting evidence and arguments to support your claim. We will work to demonstrate the defendant’s liability and the effect of their actions on your life.
- Providing Support and Guidance: Throughout the process, we can offer ongoing support and guidance, answer your questions, and keep you informed. We will also ensure that you understand your options and the progress of your case.
By fighting the insurance company on your behalf, we aim to secure the full compensation that you and your family deserve at this difficult time.
Steps to Take after a Loved One’s Wrongful Death in Omaha
After losing a loved one due to someone else’s negligent or wrongful act, taking the right steps can help you address the situation and seek justice. Here are the most important steps to follow:
- Document the Incident: Gather and preserve all relevant information about the incident, including accident reports, medical records, and any correspondence related to the case. This documentation will be crucial for any legal action you may pursue. If your case goes to court, this documentation may serve as evidence and assist you with proving the legal elements of your case.
- Consult with an Experienced Omaha Wrongful Death Attorney: At Steffens Law Accident Injury Lawyers, P.C., we can help you understand your legal options. We will carefully guide you through the process of filing a claim or lawsuit and help you understand the compensation you and your family may be entitled to recover.
- File a Claim: At Steffens Law Accident Injury Lawyers, P.C., we can file a timely wrongful death claim with the responsible party’s insurance company on your behalf.
- Keep Careful Records: You should maintain detailed records of any expenses related to your loved one’s death, such as funeral costs and medical bills. These records will help in calculating the total damages you can pursue in your wrongful death claim or lawsuit.
- Follow Legal Advice: You should work closely with us and follow our advice throughout the entire legal process. We will help you navigate negotiations and, if necessary, represent you during any legal proceedings in court.
By taking these steps, you can ensure that you address the legal aspects of your loss while also receiving the support you need during this challenging time.
Talk with a Knowledgeable Omaha Wrongful Death Lawyer About Your Case Today
If you recently lost a loved one in Omaha due to another person’s wrongful or negligent act, you are not alone. There are likely many questions you're seeking answers to. The skilled legal team at Steffens Law Accident Injury Lawyers, P.C. will fight for your rights, represent you in court, and help you obtain the justice and compensation you need.
For a free case evaluation and legal consultation with a knowledgeable Omaha personal injury attorney, please call us at (402) 414-4898 or contact us online for more information.