Claims and Fatal Accidents in Omaha, Nebraska
Personal injury cases arise due to carelessness, negligent oversight, and malicious intentions of others. While the physical and emotional harm caused by a lack of diligence, experience, proper training, or disregard for the value of life can vary in severity, and some victims pay the ultimate price for these indiscretions. This is known in the legal realm as wrongful death, and the loss of life involved can have a devastating impact on those left behind to carry on without a loved one lost too soon. And this when you need to seek out an attorney.
Types of Wrongful Death Cases
Vehicle accidents are among the most common causes of deaths across the nation. According to the latest report from the Nebraska Department of Roads, 246 fatal accidents occurred in our state in 2015, the highest number on record since 2007. Of those, 26 victims were motorcycle riders and 19 were pedestrians. Commercial vehicles, such as 18-wheelers and forms of public transportation, are also often involved in these types of situations that cause injury.
Medical malpractice is another prevailing factor lawyers face. The third leading cause of death behind heart disease and cancer are medical errors, causing at least 250,000 deaths every year. Across the country, defective medical devices are also to blame for people being lost before their time. Deaths can likewise occur due to:
Unfortunately, those accountable for lives lost due to circumstances like these are rarely willing to pay for the consequences of their actions or even admit responsibility. To make matters worse, proving who is at fault in a case requires a number of measures. It's not something most people are able to accomplish on their own.
You Need an Advocate
At Demerath Law, we're well aware of the emotional, physical and financial hardships families face after the unexpected loss of a loved one. We're also dedicated to ensuring justice is served for those surviving family members left behind by victims of other people's negligence. Omaha, Nebraska attorneys at Demerath Law Office bring their 40 years of experience to the aid of their clients, and our team promises to do everything in our power to help make life a little easier for families following incidents like these.
What it Takes to Win a Wrongful Death Suit
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. It's known as the duty of care. Doctors are responsible for providing proper care to their patients; drivers are obligated to act responsibly behind the wheel of an automobile; and product engineers, builders, distributors and marketers must ensure their products are completely safe for consumers, to name a few scenarios.
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 to your lost loved one. A doctor may have overlooked an existing medical condition, an irresponsible driver could've been driving too fast for road conditions or a product developer might've insisted on skipping proper testing procedures in order to meet a distribution deadline.
The final factor is causation, meaning the negligent actions of the defendant were directly linked to the death of your family member. In the event an employer is being brought before the court in your case, his or her role must be effectively proven. For example, say your loved one was killed at work by a piece of malfunctioning equipment. Your attorney would then responsible for substantiating the accident was a result of failure to maintain the equipment rather than a design flaw at the hands of the manufacturer.
Below the Surface of Negligence or Malpractice Case
Convincing a jury to the extent required by law takes far more than a legal counsel's statements and your testimony. Determining each of the three points mentioned above often takes extensive research. They also have to be linked by relevant facts, evidence, and experts in various fields. Our legal team possesses thorough knowledge of the laws regarding personal injury, and we have the resources necessary to fill in all those gaps. We've also developed professional relationships with authoritative witnesses. Through their testimony, the evidence we gather and present before judge and jury, and the representation of your attorney in court, we'll take on the defendant and his or her legal team to prove your case.
As a prominent and experienced attorney in Omaha, Larry R. Demerath is your advocate as well as your partner throughout the entire process surrounding your loved one's death. All our resources are here for you, and we cover your immediate needs while also considering your family's wrongful death case.
Call us at (402) 677-5656 or fill out the form on our website to tell us about your case or find out more about the services we offer.