Wrongful Death Attorney Serving Omaha

The unexpected loss of a loved one can upend your world in an instant. When that loss happens because of someone else’s negligent or wrongful actions, the grief and anger can feel overwhelming. No family should have to endure the pain of a preventable death. While nothing can bring back your loved one, you may have the right to hold the party at fault for your loss accountable with a wrongful death claim.

You should not have to balance your grief with your pursuit of your legal rights. This is where the help of an Omaha wrongful death lawyer at Mueller Schmidt Mulholland & Cooling becomes invaluable. With our seasoned understanding of the legal system and compassionate approach, we can provide much-needed guidance and support as you grapple with the aftermath of a tragic loss. Contact us today for a free consultation, and let’s pursue justice together.

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    What Qualifies as Wrongful Death in Nebraska?

    Nebraska law defines a “wrongful death” as one caused by the “wrongful act, neglect, or default” of another party. In other words, it is a death that would not have occurred but for the legal fault of a person or entity.

    Some common situations that can give rise to an Omaha wrongful death claim include:

    • Car, truck, motorcycle, pedestrian, or bicycle accidents caused by negligent drivers
    • Medical malpractice by doctors, nurses, or hospitals
    • Nursing home abuse or neglect
    • Dangerous property conditions that lead to fatal slip-and-falls or assaults
    • Defective products, such as faulty vehicles, machinery, or medical devices
    • Criminal acts like drunk driving, shootings, or assaults

    If you suspect that another party’s negligent or intentional conduct led to your loved one’s passing, you should speak with an Omaha wrongful death attorney as soon as possible to discuss a potential claim.

    Get the Compensation You Deserve

    Who Can File an Omaha Wrongful Death Claim?

    Do I Have a Workers' Compensation Case

    Under Nebraska law, the personal representative of the deceased person’s estate is the only party who may initiate the wrongful death action. The personal representative is either an executor named in the will or an administrator appointed by the court.

    While the representative files the claim, they do so on behalf of the deceased person’s surviving spouse and next of kin. The personal representative has two years from the date of death to file the claim.

    Damages Available in an Omaha Wrongful Death Case

    A wrongful death causes devastating losses, both tangible and intangible in nature. An Omaha wrongful death claim seeks compensation for losses such as:

    • Medical expenses related to the deceased person’s injury or illness
    • Funeral and burial costs
    • Lost financial support the deceased would have provided, such as wages and benefits
    • Lost household services like childcare, housework, and home maintenance
    • Loss of care, companionship, comfort, and guidance
    • Loss of parental guidance for surviving children

    Nebraska also allows the estate to file a separate survival action to recover damages the deceased incurred between the time of injury and the time of death, such as medical bills, lost earnings, and conscious pain and suffering.

    Calculating the full extent of wrongful death damages is a complex process that often requires the assistance of economic experts. An experienced Omaha wrongful death attorney can thoroughly evaluate your case with the help of such experts to determine the proper amount of compensation to demand.

    Proving Liability in an Omaha Wrongful Death Case

    As with other personal injury claims, the plaintiff bringing a wrongful death claim must show that the defendant was negligent or at fault in order to be successful. If alleging negligence, this means showing:

    • Duty: The defendant owed the deceased a duty of care.
    • Breach: The defendant breached this duty by acting or failing to act in a way that lacked sufficient care.
    • Causation: The defendant’s action or inaction caused the deceased’s fatal injury.
    • Damages: The death caused losses to the surviving family members.

    To illustrate, consider a hypothetical wrongful death caused by a truck accident. The key elements might include:

    • The truck driver owed a duty to operate their vehicle safely and follow traffic laws.
    • The driver breached this duty by failing to check their blind spot before changing lanes.
    • The truck collided with the deceased’s vehicle, fatally injuring them.
    • The death resulted in financial and emotional losses to the surviving family.

    Of course, many wrongful death cases involve complicated questions of liability. A knowledgeable Omaha wrongful death lawyer can gather extensive evidence to determine all potentially liable parties, determine available sources of compensation, and craft compelling legal arguments to establish fault.

    Wrongful Death Attorney Serving Omaha

    Choosing the Right Omaha Wrongful Death Lawyer

    Your choice of legal representation can significantly affect the outcome of your wrongful death case. Look for an attorney who possesses:

    • A track record of successfully handling wrongful death claims
    • Specific knowledge of Nebraska wrongful death and personal injury laws
    • Proven trial skills to present your case to a judge and jury if needed
    • A willingness to go up against corporate defendants and insurance companies
    • Compassion and commitment to providing your family with personal attention
    • Connections to a network of experts to help build your case
    • Contingency fee billing, so you pay no upfront costs

    While a successful claim cannot heal the profound grief of losing a loved one, it can provide a measure of justice, accountability, and financial security.

    How an Omaha Wrongful Death Lawyer Can Help Your Family

    At Mueller Schmidt Mulholland & Cooling, we understand the immense challenges you face after the wrongful death of a family member. Our compassionate team has extensive experience guiding families like yours through the legal process during an emotionally turbulent time.

    You do not have to navigate the complexities of a wrongful death claim on your own. Let us take on all of the legal details so you can focus on grieving your loss and beginning to heal. We offer consultations in person, by phone, or over video conference, and we charge no fees unless we recover compensation for you. Contact Mueller Schmidt Mulholland & Cooling today at 402-999-9000 for a free case review. An experienced Omaha wrongful death lawyer stands ready to fight for your family.