Wrongful death claims are fairly new types of lawsuits that can be pursued by heirs or beneficiaries when a decedent is killed due to the wrongful conduct or negligence of a person, company, or corporation. Under Nebraska law, even unborn children are covered under the wrongful death statute. Nebraska wrongful death lawyers understand the statutes regarding wrongful death legislation in your state, as they vary from state to state.
If you want to bring a wrongful death lawsuit to court, you and your lawyer will bear the burden of proof. Which elements of proof will you need to present in order to claim damages? First of all, you will need to prove that the defendant was negligent in some way, although some cases will require proof of intentionally causing of death, as in the case of a death resulting from a criminal act. Then, you must also prove that the negligence is what actually caused the death of the person.
There Are Normally Three Components Of Proof:
- Duty of Care – It should be proved that the defendant owed a “duty of care” to the deceased. For instance, in an automobile accident, the driver responsible for the death owed the deceased a duty of care by obeying traffic signals and operating the vehicle safely by obeying the rules of the road.
- Breach of Duty of Care – It must be proven that the defendant breached their duty of care that was owed to the deceased. In the same type of example, it needs to be proven that the defendant did not obey the rules of the road, either by drinking and driving or disobeying traffic laws.
- Causation – This means that the action of the defendant directly caused the death of the deceased. Often, this is the most difficult part of the lawsuit to prove.
Contact A Legal Consultant
If someone you love has died due to the negligence of another person, company, or corporation, contact a Nebraska wrongful death attorney to find out if you can pursue a wrongful death lawsuit. The attorneys at the Law Offices of Johnson & Pekny LLC understand the grief associated with wrongful death claims and are ready to help guide you through the steps you need to take with empathy and ambition to get the compensation you deserve. Contact our offices in Omaha & Plattsmouth by calling (402) 298-8288.