Losing a loved one is never easy – especially when that loss results from the negligent or wrongful act of another person. A wrongful death claim in Nebraska is a legal action taken when someone dies due to another person’s negligent or wrongful conduct. It allows the deceased individual’s estate to seek compensation for financial and emotional losses resulting from the death.
If you recently lost a loved one due to another person’s wrongful act, the experienced and compassionate Lincoln wrongful death attorneys at Steffens Law Accident Injury Lawyers, P.C. are ready to advocate for you. We can aggressively fight for your interests in pursuit of the compensation and justice that you and your family deserve.
For a free case evaluation and legal consultation with an experienced Lincoln wrongful death lawyer, please call us at (402) 414-4898 or contact us online.
Table of contents
- Why Choose Us for Representation?
- How Much Is My Lincoln Wrongful Death Case Worth?
- Common Occurrences That May Lead to a Wrongful Death in Lincoln
- Proving the Elements of a Lincoln Wrongful Death Case
- Fighting the Insurance Company in a Lincoln Wrongful Death Case
- Important Steps to Take after a Loved One’s Wrongful Death in Lincoln
- Consult with an Experienced Lincoln Wrongful Death Lawyer Today
Why Choose Us for Representation?
After losing a loved one due to someone else’s negligent or wrongful actions, individuals are sometimes unsure of the steps they need to take.
The experienced and compassionate Lincoln wrongful death attorneys at Steffens Law Accident Injury Lawyers, P.C. can guide you throughout the process and take the appropriate legal steps on your behalf. We can also take your case to court if that step becomes necessary.
Our lawyers have 50-plus years of combined experience and a strong track record of success in recovering favorable compensation for wrongful death claims. You can view our most recent client testimonials by clicking here.
Let us help you throughout your wrongful death claim or lawsuit and seek the justice and compensation you need.
How Much Is My Lincoln Wrongful Death Case Worth?
The value of a wrongful death case in Lincoln, Nebraska, can vary widely based on several factors.
Each case is unique, so you need a lawyer who understands what influences the potential value and what types of damages you can recover.
- Economic Damages – These are meant to compensate for financial losses that result from the death. They can include:
- Medical Expenses – You can claim these if the deceased incurred medical costs before passing away.
- Funeral and Burial Costs – Your settlement may cover expenses related to funeral services, burial, or cremation.
- Lost Income – If the deceased was the primary breadwinner, you can claim the future income they would have earned. This includes earnings, benefits, and other forms of compensation.
- Non-economic Damages – These damages cover non-financial losses and can be more challenging to quantify. They may include:
- Pain and Suffering – This type of damage represents the distress that the decedent experienced before their death.
- Loss of Companionship – This compensation is for the emotional loss that surviving family members who were close to the deceased suffered. It acknowledges the void left in their lives.
- Factors Influencing the Wrongful Death Case’s Value – Several factors can affect how much money a wrongful death case is worth, including:
- The Circumstances Surrounding the Death – If the death resulted from negligence or recklessness, it could lead to higher compensation amounts.
- The Deceased’s Age and Health – A younger decedent with a long working life ahead of them may lead to higher compensation for lost future earnings.
- Family Situation – The number of dependents and their financial needs can also influence the case’s value.
To get a clearer idea of how much your specific case may be worth, you should consult with an experienced wrongful death attorney in Lincoln. At Steffens Law Accident Injury Lawyers, P.C., we can assess the details of your case, determine appropriate compensation, and guide you throughout every step of the legal process.
Common Occurrences That May Lead to a Wrongful Death in Lincoln
In Lincoln, Nebraska, wrongful death claims can arise from several types of incidents where someone’s negligence or deliberate actions lead to a person’s untimely death.
Some of the most common scenarios that may lead to a wrongful death claim or lawsuit include:
- Motor Vehicle Accidents – Traffic collisions are a frequent cause of wrongful death claims. If a driver’s careless behavior—such as speeding, driving under the influence or texting while driving—results in a fatal crash, the deceased’s family may file a wrongful death lawsuit against the responsible driver.
- Slip and Fall Accidents – Property owners must keep their premises safe. If a hazardous condition, like a wet floor or uneven pavement, leads to a fatal slip and fall accident, the property owner may be held liable. For example, if a business fails to fix a dangerous spill and it results in a deadly accident, the personal representative of the deceased may have grounds for a wrongful death claim.
- Pedestrian and Bicycle Accidents – When a driver fails to yield the right-of-way or is otherwise negligent, causing the death of a pedestrian or cyclist, a wrongful death claim may be pursued. Drivers must be vigilant and obey traffic laws to protect those on foot or riding bicycles.
- Assaults and Violent Crimes – If someone dies as a result of a violent crime or assault, the responsible party may be held liable in a wrongful death lawsuit. While criminal prosecution can occur separately, a civil lawsuit can seek compensation for the victim’s family.
- Premises Liability – In addition to slip and fall accidents, other dangerous conditions on properties, such as poorly maintained staircases or insufficient security leading to violent incidents, can lead to wrongful death claims. Property owners must ensure that their premises are safe to prevent such tragedies.
- Recreational and Sports Accidents – Sometimes, recreational activities, like boating or sports, can result in fatal accidents if proper safety measures aren’t followed. In such cases, a wrongful death claim may be appropriate if negligence played a role in the fatality.
Each case is unique, so families need to consult a knowledgeable Lincoln wrongful death lawyer as quickly as possible. At Steffens Law Accident Injury Lawyers, P.C., we can help you understand your legal options and seek the appropriate compensation for your losses.
Proving the Elements of a Lincoln Wrongful Death Case
You need to establish several key legal elements to prove a wrongful death claim in Lincoln. Each of these elements helps to show that the responsible party’s actions led to the death of your loved one. Here’s what you need to prove:
- Duty of Care – First, you must demonstrate that the at-fault party (i.e. defendant) owed a duty of care to the deceased. This means that the person or entity had a legal obligation to act in a way that would prevent harm. For example, a driver must drive safely and follow all traffic laws, and a property owner must keep their premises safe.
- Breach of Duty – Next, you must prove that the defendant breached this duty of care. This means they failed to act as a reasonable person would have acted under the same or similar circumstances. For instance, if a driver was speeding or a property owner ignored a hazardous condition, this may be considered a breach of duty.
- Causation – You must also show that the defendant’s breach of duty directly caused the death. This involves proving that the harm was a direct result of the defendant’s actions or negligence. In other words, if the defendant had acted reasonably, the death would not have occurred.
- Damages – Finally, you need to establish that the death resulted in damages to the surviving family members. This includes showing the financial and emotional effects of the loss. Economic damages may include medical and funeral expenses, while non-economic damages can cover pain and suffering or loss of companionship.
To build a strong case, you must gather evidence that supports these elements. Evidence may include police reports, medical records, witness statements, and expert testimony. It’s also crucial to consult with a knowledgeable Lincoln wrongful death attorney. At Steffens Law Accident Injury Lawyers, P.C., we can navigate the legal process for you and ensure that all elements are properly addressed.
Each case is unique, so the specifics of what you need to prove may vary depending on the details of the incident. We can guide you through proving these legal elements and seek the compensation you deserve for your loss.
Fighting the Insurance Company in a Lincoln Wrongful Death Case
Fighting the insurance company in a wrongful death case in Lincoln, Nebraska, can be challenging, but having skilled legal representation can make a significant difference.
At Steffens Law Accident Injury Lawyers, P.C., here’s how we can help:
- Gather Evidence – We will start by collecting all of the evidence necessary to support your claim. This includes accident reports, medical records, witness statements, and any other documentation that proves the negligence or wrongdoing that led to the death.
- Calculate Damages – We will carefully calculate the full extent of damages, including both economic and non-economic losses. This covers medical expenses, funeral costs, lost income, and emotional suffering. By accurately assessing these damages, we can ensure that the insurance company doesn’t undervalue your claim.
- Negotiate with Insurers – Insurance companies often try to settle wrongful death claims for far less than they’re worth. We can handle negotiations on your behalf to fight for a fair settlement. We can counter lowball offers and push for the compensation you and your family deserve.
- File Legal Action – If ongoing negotiations don’t lead to a satisfactory settlement, we are prepared to take legal action. This means filing a wrongful death lawsuit in court. We will handle all aspects of the litigation process, from preparing legal documents to representing you in court.
- Provide Ongoing Legal Advice – We can offer guidance throughout the entire process, helping you understand your options and make informed decisions. Our goal is to ensure that you are well-informed and confident in pursuing your wrongful death claim.
- Advocate for Your Rights – We will advocate fiercely on your behalf, ensuring that your rights are protected and that you receive the full compensation you deserve. We will work tirelessly to hold the responsible parties accountable and secure justice for you and your family.
By having us on your side, you can focus on healing while we handle the complexities of your wrongful death case.
Important Steps to Take after a Loved One’s Wrongful Death in Lincoln
Following a loved one’s death due to someone else’s wrongful or negligent actions, several crucial steps can protect your legal rights and secure compensation:
- Seek Legal Advice – Contact a Lincoln wrongful death attorney immediately. At Steffens Law Accident Injury Lawyers, P.C., we can guide you through the legal process and help you understand your rights and options.
- Gather Evidence – Collect all relevant documents and evidence related to the incident. This includes police reports, medical records, and any other information that shows how the wrongful or negligent act caused the death.
- Document Expenses - Keep detailed records of all expenses related to the death, such as medical bills, funeral costs, and any financial losses. This will help calculate the damages you can claim.
- Notify Insurance Companies – Inform the insurance companies about the incident, but be cautious about discussing details without legal advice. Insurers may offer settlements that are lower than what you deserve.
- Preserve Evidence – Ensure that all evidence, including physical evidence from the incident scene, is preserved and protected. This evidence is crucial for building a strong case
Taking these steps promptly can help you navigate the legal process more effectively and work towards obtaining the compensation you and your family deserve.
Consult with an Experienced Lincoln Wrongful Death Lawyer Today
If you recently lost a loved one due to someone else’s wrongful act, retain experienced legal help right away. The knowledgeable attorneys at Steffens Law Accident Injury Lawyers, P.C. will aggressively advocate for your rights and pursue the compensation that you and your family need at this difficult time.
For a free case evaluation and legal consultation with a knowledgeable Lincoln personal injury attorney, please call us at (402) 414-4898 or contact us online.