Wrongful Death Attorney in Omaha, Nebraska

Wrongful death is a legal term that refers to a situation in which someone dies as a result of another person or entity's negligent or intentional actions. In these cases, the surviving family members of the deceased person may be entitled to bring a wrongful death lawsuit against the responsible party in order to seek compensation for their losses. 

Wrongful death cases can arise from a wide range of circumstances, including car accidents, medical malpractice, workplace accidents, and criminal acts. In order for a wrongful death lawsuit to be successful, the plaintiff (usually a family member of the deceased person) must prove that the defendant's actions were the cause of the death, and that the defendant was negligent or intentional in their actions. 

In a wrongful death lawsuit, the plaintiff can seek damages for a variety of losses, including medical expenses, funeral and burial costs, lost income and benefits, and loss of companionship and support. In some cases, the plaintiff may also be able to seek punitive damages, which are designed to punish the defendant for their wrongdoing and to deter others from engaging in similar behavior. 

The process of bringing a wrongful death lawsuit can be complex and emotionally difficult for the plaintiff. It typically involves gathering evidence, such as police reports, medical records, and witness statements, to support the claim. The plaintiff will also need to prove that they are the legal representative of the deceased person's estate, and that they are entitled to bring the lawsuit on behalf of the deceased person's surviving family members. 

If the plaintiff is successful in their wrongful death lawsuit, the court may award them damages based on the specific losses that they have suffered as a result of the death. The court will consider factors such as the deceased person's age, health, and earning potential, as well as the impact of their death on the surviving family members. 

In some cases, a wrongful death lawsuit may be settled out of court, with the defendant agreeing to pay the plaintiff a certain amount of money in order to avoid going to trial. This can be a faster and less expensive option for both parties, but it also means that the plaintiff may receive less in damages than they would if they won their case in court. 

Overall, wrongful death is a serious issue that can have a profound impact on the surviving family members of the deceased person. While a wrongful death lawsuit can provide some financial compensation for their losses, it can never replace the loved one who has been lost. If you have had the heartache of experiencing the death of a loved one at the hands of another, give Joseph D Hall & Associates a call today.  

Settling a Wrongful Death Claim

Settlements are a common outcome in wrongful death claims, as they provide a way for parties to resolve their disputes without the need for a trial. A wrongful death claim is a legal action brought by the surviving family members of a person who has died as the result of another party's negligence or misconduct. 

In a wrongful death claim, the surviving family members can seek compensation for a variety of damages, including medical expenses, funeral expenses, and the loss of the deceased person's income and support. The settlement of a wrongful death claim will typically involve the payment of a sum of money by the party that is being sued to the surviving family members. 

There are several advantages to settling a wrongful death claim, rather than pursuing the matter through a trial. One of the main advantages is that a settlement can provide the surviving family members with a sense of closure and resolution, which can help them to move on with their lives. 

Another advantage of settling a wrongful death claim is that it can provide the surviving family members with a faster and more certain resolution of their dispute. Trials can be time-consuming and costly, and they can involve significant uncertainty, as the outcome of the trial is determined by a judge or jury. 

In contrast, a settlement allows the parties to reach an agreement on the terms of the resolution of their dispute, without the need for a trial. This can provide the surviving family members with a more predictable and controlled outcome, and it can allow them to receive compensation for their damages more quickly. 

Settlements can also be more cost-effective than trials, as they can avoid the expenses associated with a trial, such as legal fees and court costs. This can be particularly important for the surviving family members, who may already be facing financial hardship as a result of the death of their loved one. 

Overall, settlements can provide a useful and effective way to resolve wrongful death claims, and they can provide the surviving family members with a sense of closure and a more predictable and cost-effective resolution of their dispute.