The untimely death of a loved one is one of the most tragic situations a family can face. This tragedy is magnified when death occurs as a result of negligent or malicious behavior by another party. Under Nebraska law, the family has the right to file a wrongful death claim against the party whose recklessness contributed to their loved one’s death.
The Omaha wrongful death attorneys at Cullan & Cullan LLC understand that, although nothing can truly make up for the loss of a loved one, financial compensation can enable a family to heal and move on without having to worry about their future. If you’ve experienced the untimely death of a family member and feel that your loss was the result of negligence, please call our offices to discuss filing a wrongful death claim. There’s no cost for a case evaluation with our legal team, and we will be happy to inform you of your legal rights and options.
Call (402) 882-7080 or contact us online today for a free consultation.
Common Causes of Wrongful Death
Unfortunately, many death we see are preventable. The following are the seven leading causes of death caused by negligence:
- Automobile and motorcycle accidents: Distracted driving, impaired driving, fatigued driving, speeding, over-aggressive driving, etc. are all negligent behaviors that lead to thousands of fatal accidents every year in the United States.
- Tractor-trailer accidents: Being involved in a truck accident on the I-80 or other highway or road can have serious consequences. Passenger cars are no match for such monstrous vehicles, which is why the occupants of smaller cars often suffer fatal consequences if they fall victim to trucking negligence. Large trucks are regulated by strict rules because they pose a threat to other motorists. This is why the state of Nebraska has 17 weigh stations and truck scales, but that doesn’t stop some truckers.
- Bicycle accidents: Bicyclists are particularly vulnerable because many motor vehicle drivers fail to see them. Even when they do, they don’t afford cyclists the right-of-way that they deserve.
- Medical malpractice: Misdiagnosis, failure to diagnose, delayed diagnosis, and medication errors are all common causes of medical malpractice deaths.
- Defective products: Faulty design and manufacturing, as well as failure to thoroughly test products, cause preventable deaths.
- Work-related accidents: Americans spend a significant part of their lives at their jobs. That, combined with unsafe workplace conditions, creates many work-related fatalities.
- Criminal acts: The criminal justice system is designed to punish criminals but not to compensate the families of victims. Civil lawsuits are a way for a victim’s family to receive compensation for the financial and emotional losses of a loved one.
What Kind of Compensation Can a Family Obtain in a Wrongful Death Lawsuit?
While no amount of financial compensation can replace a family member, a monetary award for wrongful death can help surviving family members heal and move on with their lives.
Compensation in a wrongful death lawsuit can include the following:
- Funeral and burial expenses
- Pain and suffering of the deceased before death
- Medical bills
- Loss of future income
- Loss of future benefits, such as medical benefits and retirement
- Loss of household duties the deceased performed, such as childcare or vehicle and property maintenance
- Loss of love, companionship, guidance, affection, marital consortium, etc.
The kind and amount of damages that can be claimed in a wrongful death lawsuit depends on many factors, which is why it is important that families work with a skilled attorney who can help them hold all negligent parties accountable for their suffering and loss.
Deadly Car Accidents in Nebraska
According to the National Highway Traffic Safety Administration (NHTSA), 33,808 people died in motor vehicle accidents in the United States during 2009, the most recent year such statistics are available. It was a 9.7 percent decrease in the number of people killed in such accidents in 2008; which was 37,423 and is the lowest number of motor vehicle accident-related deaths since 1950. While these statistics are somewhat encouraging, it is obvious more work still needs to be done to prevent needless fatalities.
Unfortunately, the two common causes of motor vehicle accidents are entirely preventable. In 2009, 10,839 people were killed in accidents that were alcohol-related and during that same year, 5,474 people were killed in distracted driving-related crashes. Combined, these numbers account for an alarming 48 percent of motor vehicle accident fatalities, all of which could have been prevented had it not been for the negligence of a motorist.
Dedicated Wrongful Death Legal Representation
If you feel that a loved one has suffered and died as a result of someone else's careless or negligent actions, contact the Omaha wrongful death attorneys at Cullan & Cullan for a free case evaluation. We have helped numerous families throughout the state of Nebraska recover the justice and compensation they were owed. Our lawyers were responsible for the largest verdict in Nebraska history for wrongful death, a $4 million verdict for a failure to diagnose case in which a physician failed to remove precancerous polyps. The defendants offered no money to settle case prior to trial.
Contact us today for a free, confidential case evaluation. Call (402) 882-7080.