Losing a loved one is never easy. But losing them due to someone else's negligence or wrongdoing is devastating. If you have lost a family member due to the actions of another person, there is no doubt that you will need a competent Grand Island wrongful death attorney.
We bring this up in order to help you make the best decision for you, your lost loved one, and your family. At the Steffens Law Accident Injury Lawyers, we are ready to help you through this, the most difficult time in your family’s life.
Our skilled wrongful death attorneys and team will help you understand your options, the complexities of the legal process, and will assist you with every step necessary to hold those responsible accountable for their actions, so that your family can begin to heal from your unimaginable loss.
We have helped many clients through a claim for wrongful death, and our team is committed to fighting for justice on behalf of our clients, and the compensation your family deserves and will need.
Table of Contents: |
What is Wrongful Death?
Wrongful death is a form of civil law claim which may be brought by the family members or spouse of a deceased victim who dies due to the negligent actions of another person or company. Frequent causes of wrongful death in Grand Island which are actionable include car accidents, defective product malfunctions, slip and fall incidents, or animal attacks, among others. When a wrongful death occurs, the surviving family members may be able to file a wrongful death claim to seek compensation for their loss.
How Does A Wrongful Death Claim Begin?
A claim for wrongful death begins with the filing of several formal court documents, the most important of which known as a complaint, in the appropriate court of law in the county or district where the death occurred. The complaint lays out the facts of what happened, the specific laws or ordinances which were violated, identifies the deceased person and the person or company responsible, and then requests a trail to determine fault and award compensation.
What most people do not realize is that in many cases, wrongful death matters which are successfully resolved never see the inside of a courtroom, and some never even have a complaint filed. This is because many times, the facts are clear enough that liability can be properly asserted through a competent Grand Island wrongful death attorney who knows how to build a strong case against the responsible party and insurance company.
In these situations, the attorney will gather, classify and organize all available evidence, cite applicable statutes, and draft a convincing argument to persuade the responsible party to avoid a trial through engaging in settlement negotiations directly.
This way, the increased uncertainty, cost and delay of litigation can be avoided and thereby spare the grieving family the pain of reliving the facts of the case in front of a jury.
What Damages Can Be Recovered in a Wrongful Death Claim?
Damages are just another term that attorneys use to describe monetary compensation available through settlement or awarded by a court to the surviving members of the victim’s family. The damages that can be recovered in a wrongful death claim may vary depending on the circumstances of the case. In general, damages may include:
1) Loss of Income or Financial Support That the Deceased Would Have Provided to Their Family
When a parent or spouse dies through the negligent actions of another person or company, sadly, the death is often sudden and unexpected. The surviving family members do not have necessary time to make changes or otherwise account for the loss of income. Obtaining these types of damages will require establishing what the deceased family member did for a living, the type and amount of income they earned, and how many years of income earning potential the family could reasonably expect in the future. Although this type of evidence is emotionally hard to obtain and come to terms with, it is necessary and often amounts to a substantial portion of the surviving family members’ settlement. These damages are definitely recoverable if the proper evidence is obtained.
2) Loss of Companionship, Love, and Affection That the Deceased Would Have Provided to Their Family
This category of damages is often the most difficult to establish but is no less significant than the previous types. When a mother, father, brother, sister, son or daughter is lost because of a traumatic accident, the missing companionship, love and affection they provided is sorely felt and has real impact on the survivors. This type of damages is often established through the testimony of the survivors, and is frequently substantial in value. It is absolutely recoverable in the appropriate circumstance.
3) Pain and Suffering of the Surviving Family Members
Sometimes confused with the preceding category of damages, the pain and suffering of surviving family members can be otherwise understood and distinguished from loss of companionship, love and affection damages by thinking about the mental anguish survivors suffer from coping with the loss of the family member. These damages are established by evidence from counseling records, therapy treatment and other medical record evidence of depression, PTSD, or genderized or acute anxiety disorder diagnosis. This type of evidence can demonstrate not just the nature and extent of the pain and suffering caused by the accident, but also the pattern of future care which must be valued and accounted for in any future settlement. These damages too are properly recoverable in a wrongful death action or demand.
How Can a Grand Island Wrongful Death Attorney Help?
A wrongful death attorney in Grand Island, NE, will help you navigate all aspects of the legal process and fight to obtain for you the compensation you deserve. But the best wrongful death attorneys aren’t just lawyers, they are counselors, advisors, and can be extremely beneficial to have in your corner during a time like this.
Here are just a few of the ways a wrongful death attorney can help:
- Investigating the cause of the wrongful death: Your attorney will work to gather evidence and determine the cause of the wrongful death. For example, if your loved one died in a car accident, the attorney and her team will investigate all aspects of the accident. They’ll obtain a copy of the report, visit the scene, take witness statements, obtain any video footage or downloadable data from involved vehicles, and will investigate the driving record and other evidence relevant to those responsible.
- Identifying responsible parties: Your attorney will work to identify all parties responsible for the wrongful death. This may include individuals, businesses, or government entities. Although this seems easy, it often is anything but. Sometimes accidents have multiple causes, and there may even be intervening actions which cut off or add to the negligence of the responsible party.
- Calculating damages: Your attorney will work with you to determine the damages you may be entitled to receive. This may include calculating lost income, medical expenses, and other costs related to the death. Your attorney should also collect all the evidence required to substantiate these damages, so that the appropriate insurance company can properly evaluate any forthcoming demand.
- Negotiating with insurance companies: Your attorney will work to negotiate with insurance companies to ensure you receive fair compensation for your losses. The attorney should be willing to share information, evidence and medical records with the insurance company in a good faith, transparent effort to resolve you claim as early as possible for full value.
Why Choose Our Law Firm?
At the Steffens Law Accident Injury Lawyers in Grand Island, we are committed to providing our clients with compassionate and effective legal representation. Here are just a few of the reasons to choose our law firm:
- Experience: Our team of attorneys has more than 28 collective years of experience handling all manner of personal injury cases, including wrongful death claims. We’ve obtained significant value for our clients from every major insurance company many times over. We have the knowledge, skills, and resources to effectively represent you and your family.
- Personalized attention: We understand that every case is unique, and we take the time to listen to our clients' concerns and needs. We will work with you to develop a personalized legal strategy that meets your specific goals. We pride ourselves on being available to our clients not just during regular business hours, but whenever they need us. We’ll come to you wherever you are in Nebraska.
- Compassionate representation: We understand the pain and suffering that comes with losing a loved one, and we are here to provide you with the compassionate support you need during this difficult time. We won’t rush you into any decision regarding your case – and we’ll never recommend a course of action you don’t agree with. At our firm, the client makes the decisions and we provide the advocacy – it’s that simple.
- Aggressive advocacy: We are committed to fighting for justice on behalf of our clients. We will aggressively advocate for your rights and work to hold those responsible accountable for their actions. Whether by settlement or verdict, our team understands how to build a strong case against the responsible party with facts, evidence and law, all with an eye toward early settlement for full compensation for you and your family.
- Results: We will work tirelessly to ensure that you receive the compensation you deserve. Although we are not “lawsuit happy ambulance chasers”, we understand how important obtaining a favorable result is to your family. That’s why we take the time and employ like-minded professionals who understand the importance of providing excellent legal representation.
Contact Our Wrongful Death Lawyer in Grand Island for a Free Consult
Contact us today, tonight, or anytime you like for a free consultation with a real attorney. The only goal of our team is obtaining for you the peace of mind and full compensation to help your family keep moving forward.
The Steffens Law Accident Injury Lawyers in Grand Island – We Treat Our Clients Like Family