Wrongful Death Lawsuits Are a Way to Obtain Accountability—And Protect Your Family’s Financial Future
A fatal accident can cause overwhelming grief and financial uncertainty. Funerals and medical bills can devastate savings, while the loss of your loved one’s income could make it impossible to maintain your current standard of living.
Although no amount of money can ever compensate for a life lost, a wrongful death lawsuit gives families a chance to obtain accountability and recover financial losses. Read more to learn about wrongful death lawsuits in Nebraska and Iowa, or contact The Law Office of Matthew A. Lathrop to speak to an experienced wrongful death attorney and start charting your next steps.
Wrongful Death Claims
A wrongful death claim is a legal action filed against a person or party who committed an act of negligence or misconduct that took the life of another person.
If a wrongful death lawsuit is successful, it gives families an opportunity to:
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Obtain compensation for the costs of putting a loved one to rest
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Recover damages for emotional pain and suffering, loss of companionship, and other forms of hardship
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Restore financial independence by replacing a loved one’s lost income
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Hold the person or party who caused their loved one’s death accountable
Some wrongful death claims can be used to negotiate policy changes and effect reform by requiring that negligent companies and irresponsible contractors adopt procedures to protect other people from being hurt.
Establishing Standing in Iowa and Nebraska
You can typically file a wrongful death lawsuit if the circumstances of your loved one’s death would have let them initiate personal injury proceedings had they survived their accident.
Many wrongful death claims relate to:
Any other type of accident resulting in death—a dangerous condition at an Omaha business or a defective ride at a Des Moines amusement park—could also provide cause to take action.
Who Can File a Wrongful Death Claim in Iowa and Nebraska
In Iowa and Nebraska, there are strict limitations on who can initiate wrongful death proceedings. The party who opens a claim, the plaintiff, must be able to establish that they have “standing” to file a lawsuit on behalf of a deceased person. Some states accord standing to close living relatives, like a surviving spouse or adult child, but Iowa and Nebraska will only accept a lawsuit if it is filed by the decedent’s personal representative.
The personal representative is the individual responsible for managing the deceased person’s estate. If the victim had a will, then they may have nominated an executor in its terms; if they didn’t, the court will typically appoint someone to the position.
However, any compensation obtained through a wrongful death lawsuit doesn’t belong to the executor. Instead, it will return to the deceased person’s estate and be distributed according to the terms of their will or their state’s rules for intestate succession.
The Elements of a Wrongful Death Lawsuit
Every wrongful death lawsuit involves high stakes: for families seeking justice and for the defendants and insurance companies seeking to minimize their own losses. Even if you have an open-and-shut case backed by solid evidence and reliable eyewitness testimony, litigating a claim requires meeting high legal standards and—more often than not—overcoming a strong and dedicated defense.
Proving that a death was wrongful almost always necessitates establishing each of the following:
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The defendant owed the victim a duty of care.
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The defendant breached their duty by acting negligently.
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The defendant’s negligent act, or acts, was the direct cause of your loved one’s death.
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Your loved one’s death caused their estate or your family to incur damages.
How The Law Office of Matthew A. Lathrop Could Help You Assert Your Rights
The Law Office of Matthew A. Lathrop has spent decades helping Iowa and Nebraska families assert their rights to accountability. We could help you file, fight, and win a wrongful death claim by:
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Investigating the causes and circumstances of a loved one’s injury and death.
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Obtaining and analyzing evidence to determine who should be held liable for the accident.
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Identifying the right defendants for your claim.
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Assessing your damages and ensure that your family receives the resources it deserves
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Negotiating the terms of a settlement with an insurance company and preparing to take your case to trial.
Our experienced team could help you obtain the evidence you need to begin building a compelling case for compensation. However, wrongful death claims are subject to strict statutes of limitations. If you wait too long to contact a lawyer, your case could be dismissed on a technicality. Accordingly, we encourage you to contact us as soon as possible to learn more about your rights.
