Omaha Wrongful Death Lawyer
Losing a loved one changes your life instantly and permanently, leaving questions about the future and the financial stability of your family. An Omaha wrongful death lawyer acts as your voice and guide when someone’s negligent actions cause a tragedy.
DM Injury Law fights to hold the responsible parties accountable for their actions. Our team will handle the insurance company on your behalf so you can focus on your family.
Call (816) 323-5259 or contact us online today for a free consultation.
Why Choose DM Injury Law for Your Wrongful Death Claim?
DM Injury Law refuses to let insurance companies treat your loss as just another file number. Our attorneys team will investigate the facts and demand fair treatment for your family. Our Omaha wrongful death lawyers operate with transparency and aggressive advocacy.
Focused on Maximum Compensation
Insurance companies prioritize their profits over your well-being. They often offer personal injury settlements that fail to cover the true cost of your loss. We calculate the full lifetime value of the income, benefits, and companionship you lost.
Our team considers the immediate costs, such as funeral expenses at local Omaha funeral homes, and the long-term needs, such as replacing a primary earner’s income. We push for every dollar the law allows. We don’t settle for less.
Aggressive Advocacy
Adjusters often try to contact grieving families days after a fatal accident. They may ask for recorded statements or suggest that you accept a quick payment. These tactics aim to lower the final payout. Our Omaha team steps in and handles all communication.
We’ll tell the adjusters to speak with us, not you. This protects your rights and prevents you from saying something they might twist against you later.
We Have the Resources
DM Injury Law is actively building roots in this community. Our team has over 60 attorneys and 250 support staff specialists. We bring our proven history of success to the streets of this city to fight for those who have lost a family member.
Our commitment to Omaha means we’re available when you need us most. Mike’s Got This!
Call (816) 323-5259 or contact us online today for a free consultation.
Protecting Your Financial Future Under Nebraska Law
The days and weeks after a loss bring confusion and financial fear. Nebraska law provides a specific path for families to seek justice, but the rules are strict. The state follows specific rules about who can file a lawsuit. Unlike some states, where any family member can file, Nebraska requires a court-appointed personal representative of the deceased’s estate to bring the action.
This adds an extra step to the legal process, but our team can help you identify the appropriate person to serve as the representative. This is often a spouse or an adult child, but the court must officially recognize them.
You also must act within a specific timeframe, known as the statute of limitations. In Nebraska, you generally have two years from the date of death to file a claim. Missing this deadline often means you lose the right to seek compensation forever. Let an Omaha wrongful death lawyer track your deadline and protect your claim.
The Personal Representative in a Nebraska Wrongful Death Claim
Nebraska law requires a personal representative to file the wrongful death lawsuit. This person acts on behalf of the estate and the surviving family members. The court usually appoints a close relative, but the process involves specific legal paperwork.
We guide you through the probate steps necessary to establish this role and can prepare the petitions and represent you in probate court if needed.
The personal representative holds the power to make decisions about the lawsuit. They decide whether to accept a settlement offer or proceed to trial, but the court must approve any settlement.
Your Omaha wrongful death attorney advises the representative at every turn, explaining the pros and cons of every decision. We make sure the representative understands their duties to the other family members. The law requires the representative to act in the best interest of all beneficiaries.
Conflict sometimes arises among family members about who should serve in this role. Your Omaha personal injury lawyer can mediate these situations when possible. Once the court appoints the representative, we move forward with the wrongful death claim.
The personal representative carries out several distinct duties:
- Hiring Legal Counsel: The representative selects and retains the lawyer who will prosecute the wrongful death claim.
- Managing Litigation: The representative attends hearings and depositions and provides necessary documents to the attorney.
- Approving Settlements: The representative has the final authority to accept or reject offers from the insurance company, but the court must approve any settlement.
- Distributing Proceeds: The representative works with the court to divide the settlement funds among the eligible family members.
Investigating Fatal Accidents in Douglas County
Building a winning personal injury case requires a deep dive into the evidence. We don’t rely solely on the police report from the Omaha Police Department; it sometimes contains errors or omits crucial details because officers are rushing to clear the scene.
Your Omaha wrongful death attorney will launch an independent investigation immediately. Our team can visit the crash site, whether it’s a busy intersection in the Old Market or a stretch of I-680.
Our investigation focuses on specific types of evidence:
- Official Police Documentation: We obtain the report from the Omaha Police Department to review the initial findings and officer observations.
- Medical Treatment Summaries: Your lawyer gathers records from trauma centers like CHI Health Creighton University Medical Center to show the severity of the injuries.
- Visual Evidence Collection: We photograph skid marks, debris fields, and sightlines at the scene to recreate the moments before the impact.
- Digital Data Retrieval: Your attorney can subpoena cell phone records and download black box data from vehicles to identify distracted driving or speeding.
- Surveillance Footage: We can secure video from nearby businesses or traffic cameras before the owners delete the files.
- Witness Statements: Your lawyer can record formal interviews with bystanders to preserve their memories of the event.
- Forensic Analysis: Our team can examine vehicle damage and road conditions to reconstruct the sequence of events leading to the tragedy.
How Does an Omaha Wrongful Death Calculate the Full Value of a Claim?
Assigning a dollar amount to a human life is the most difficult part of any legal claim. No amount of money brings your family member back. However, the civil justice system relies on money to ensure accountability and stability. DM Injury Law takes this task seriously.
We look beyond the immediate bills, projecting your family’s financial needs for the next 10, 20, or 30 years. Your lawyer considers inflation and career growth when calculating lost income. We also quantify the intangible losses.
We examine several specific factors when calculating wrongful death damages:
- Lost Earning Capacity: We calculate the total wages and benefits the deceased would have earned until retirement age.
- Loss of Consortium: We assess the value of the love, companionship, and emotional support the surviving spouse lost.
- Medical Expenses: We tally the costs of all emergency care and hospitalization incurred before the passing.
- Funeral Costs: We include the actual expenses for the burial, service, and memorial to relieve the immediate burden.
We use testimony from family and friends to paint a vivid picture of your family’s relationship. We want the adjuster or jury to understand the depth of the void the death left behind. We treat this process with dignity and respect.
Defense attorneys for the insurance company often try to devalue these claims. They might argue that the deceased person had pre-existing health issues or would have retired early. We counter these arguments with medical facts and employment data.
Your Omaha wrongful death lawyer builds a fortress of evidence around the value of the claim. We prepare every case as if it will go to trial. This readiness often motivates insurance companies to offer a fair settlement to avoid facing us in court.
Common Insurance Hurdles in Omaha Wrongful Death Claims
Insurance companies operate as businesses. Their goal involves paying out as little as possible, so they train their adjusters to find weaknesses in your claim. A common tactic is to contact the family immediately after the death, and they appear sympathetic and helpful. This is a trap.
Adjusters hope you accept a low offer before you realize the full extent of your financial loss.
Insurers also frequently request access to the deceased person’s entire medical history. They look for any past injury or condition they can blame for the death. A lawyer can limit their access and protect your family’s privacy.
Adjusters frequently use specific strategies to reduce payments:
- Quick Settlement Offers: The adjuster may propose a fast cash payment that forces you to sign away your right to future legal action.
- Recorded Statements: They often ask leading questions on a recorded line to trap you into admitting fault or minimizing the loss.
- Delay Tactics: Some insurers intentionally stall the process, hoping you’ll get desperate and accept a smaller amount.
- Disputing Coverage: They may claim the specific circumstances of the accident fall outside the terms of the insurance policy.
- Shifting Blame: An adjuster might suggest your loved one was speeding or not paying attention at the time of the accident. We use our investigation data to refute these claims.
Let DM Injury Law handle all correspondence for you. You don’t have to open aggressive letters or answer harassing phone calls. We’ll forward all communication to our office and review every document the insurer sends.
FAQs for Omaha Wrongful Death Lawyer
Who Can File a Wrongful Death Lawsuit in Nebraska?
Nebraska law requires the personal representative of the deceased person’s estate to file the lawsuit. While the claim benefits the surviving spouse and next of kin, these individuals don’t file the suit directly in their own names. The probate court must appoint the representative first.
Our Omaha wrongful death lawyers assist families in setting up the estate and getting the correct person appointed so the claim can proceed.
What Damages Are Available in a Nebraska Wrongful Death Claim?
Families may recover pecuniary losses. This includes the loss of financial support the deceased would have provided, such as wages and benefits. It also covers the loss of services, like household chores or childcare.
You may also recover medical expenses related to the final injury and funeral costs. Nebraska also allows recovery for the loss of companionship, comfort, and guidance, as part of the pecuniary loss.
How Does an Omaha Wrongful Death Lawyer Prove Negligence?
Your Omaha wrongful death lawyer proves negligence by gathering evidence that shows the other party failed to act with reasonable care. We use police reports, witness statements, camera footage, and physical evidence from the scene.
In some complex cases, we may collaborate with outside experts who can explain exactly how the accident happened to a jury.
How Long Do I Have To File a Wrongful Death Lawsuit in Nebraska?
Nebraska generally imposes a two-year statute of limitations for wrongful death claims. This clock starts on the date of the death, not the date of the accident. If you miss this deadline, the court will likely dismiss your case, and you’ll recover nothing.
Exceptions exist, but you should never rely on them. Acting early preserves evidence and protects your rights.
Do Wrongful Death Cases Always Go to Trial?
Most wrongful death cases end in a settlement before a trial occurs. Insurance companies usually prefer to avoid the risk and expense of a jury trial. We prepare every case as if it will go to trial, which gives us leverage during negotiations.
If the insurance company refuses to offer a fair amount, we remain ready to present your case to a jury in Douglas County.
Get Justice for Your Family
You don’t have to combat a low settlement or face the legal system alone. The loss of a family member creates enough of a burden without the added stress of a legal battle. Let DM Injury Law take that weight off your shoulders.
We’ll fight for the future of your family and the memory of your loved one.
Call (816) 323-5259 or contact us online today for a free consultation.
Past results do not guarantee future outcomes. Every case is different and must be evaluated on its own facts.
