What Is Wrongful Death?
Death is an inevitable part of life, but wrongful death is not. Wrongful death is a preventable death caused by another party’s actions or negligence. A wrongful death lawsuit allows surviving loved ones to seek financial compensation for the loss.
Our personal injury attorneys at Carter Law Offices, P.C., advocate for surviving loved ones with wrongful death claims in Omaha and Iowa. If you believe your loved one’s death was caused by another party, contact us so we can see what we can do to seek justice for your loss.
Understanding Wrongful Death In Omaha
A death of a person or fetus caused by any such action described in section 30-809 of the Nebraska Revised Statute, including the wrongful act, neglect or default of an individual or entity, is considered a wrongful death. The personal representative of the deceased’s estate can bring a wrongful death claim to recover damages within two years from the date the death occurred.
An Overview Of Wrongful Death In Iowa
In Iowa, wrongful death is defined under the state’s statutes as a death produced by a wrongful act that could have entitled the deceased to file a personal injury claim if they had survived. The state laws allow the estate or the surviving next of kin to pursue a claim for damages against those responsible for the death. The statute of limitations is two years from the person’s death.
What Damages Can You Recover From A Wrongful Death Claim?
State laws further define and limit the recoverable damages from a wrongful death claim. Generally, these may include:
- Medical expenses for any medical care the deceased received due to the injury before death
- Funeral and burial costs
- Loss of income and benefits the deceased would have contributed to the family
- Loss of consortium and companionship
- Pain and suffering the deceased may have endured before they died
- Loss of inheritance or the value of what the deceased would have saved and left to surviving family members as an inheritance
- Mental anguish by family members due to the loss of their loved one
You can speak to our compassionate and experienced lawyers about the wrongful death laws in your state to understand the full scope of recoverable damages.
Workplace Accidents Can Lead To Wrongful Death
If an employee dies because of an accident or injury that occurs at work or as a direct result of their job duties, the surviving family members might have the right to file a wrongful death claim under workers’ compensation. In such cases, workers’ compensation insurance may provide death benefits to the dependents of the deceased. The family can also bring a separate wrongful death lawsuit outside of workers’ comp if a third party’s negligence or their employer’s intentional act or gross negligence led to the death.
What If The Death Was Caused By A Motor Vehicle Accident?
Unfortunately, some drivers are reckless and end up violating traffic laws, which can lead to catastrophic accidents. If you lost a loved one in a car accident, you may have a claim against the at-fault driver.
How Do You File A Wrongful Death Claim?
Whether you are a resident of Iowa or Omaha, the personal representative of the deceased’s estate is usually the one with the legal right to file a claim. They can file the claim in the county where your loved one lived or where the fatal accident happened. Our attorneys can guide you through the filing process.
How A Personal Injury Attorney Can Help You With Your Claim
Our aggressive and highly capable personal injury lawyers can evaluate the specifics of your case to determine the viability of the claim. We can help you identify the responsible parties and work hard to hold them accountable for their actions. Call us now at 402-979-8675 in Omaha or 515-644-4871 in Des Moines for a free consultation or send us a message online.