Wrongful Death

Wrongful Death from jobs, negligence, car accidents, or malpractice.

Wrongful Death Claims and Fatal Accidents in Nebraska

Wrongful death claims are civil actions filed by survivors of an individual or individuals killed in an accident due to the negligence of another individual or company. Survivors are left without the love, support, and income of the deceased family member, and courts can award compensation accordingly.

The compensation provided by an award of damages for wrongful death can help ease the financial burdens associated with the loss of a loved one. Compensation awarded is designed to cover any medical bills of the deceased, pain and suffering of the deceased, funeral expenses, lost income of the deceased, and the pecuniary loss which is the value for loss of companionship, counseling, or advice survivors face because of the death of their family member. Wrongful death laws are also designed to help compensate for less specifically quantifiable aspects of wrongful death, such as the sudden and unnecessary loss of someone’s spouse or parent, or child.

What it Takes to Win a Wrongful Death Lawsuit

A number of elements must come together in order to build a strong case against those responsible for a victim’s death. First and foremost, your attorney must establish the defendant was obligated in some way to keep your family member safe. That is known as the duty of care. Drivers of all motor vehicles are obligated to act responsibly behind the wheel.

Secondly, a breach of the duty of care must be proven. Your lawyer is charged with clearly showing the defendant failed to uphold his or her responsibilities in operating his/her motor vehicle. An irresponsible driver should not have been driving so fast for the current road conditions.

The final factor is causation, meaning the negligent actions of the defendant were directly linked to the death of your family member. The driver of the truck fell asleep and crossed the center line plowing directly into the front of your husband’s vehicle – instantly killing him. Your accident attorney would be responsible for establishing by a preponderance of the evidence each and every one of these points.

No amount of money can bring back your loved one. But taking legal action against the person whose negligence led to your loved one’s fatal injuries can help hold that person accountable. And recovering damages can help you and your family recover from the financial stress caused by your loss.

When you have lost a loved one to fatal injuries caused by the negligence of another person or company, Demerath Law Office can help you hold them accountable.