As you mourn the loss of your loved one, you may be left with a lot of questions. How did your loved one die? Who was at fault? Did your loved one share any legal fault for the accident, and if so, how will that impact a wrongful death case?
Comparative fault and liability percentage play a role in wrongful death cases, and Omaha wrongful death lawyer Matt Lathrop is here to make sure his client’s rights are protected.
How Comparative Fault Applies to Wrongful Death
Under Nebraska’s comparative fault law, a person may seek financial compensation for losses if they are not the primary cause of the accident. This means you can recover compensation in a wrongful death case if your loved one was not more than 50% liable for the accident. However, your damages will be reduced by your loved one’s liability percentage. For example, if your loved one was 20% at fault for the accident, the wrongful death recovery may be reduced by 20%.
In cases of wrongful death, the victim cannot say what happened. Yet, a wrongful death attorney can investigate the case and use evidence to prove the defendant owes wrongful death compensation for the accident.
How to Dispute Comparative Fault in a Wrongful Death Case
If the defendant raises comparative fault as a defense in your case, your Omaha wrongful death lawyer will work hard to protect your rights by:
- Proving the defendant’s negligence. Your lawyer will argue that the defendant owed your loved one a duty of care and breached the duty of care. Your lawyer will then argue that the breach of the duty of care was the primary cause of your loved one’s death.
- Demonstrating your family’s losses. Your wrongful death attorney will calculate the losses associated with your case. This may include pain and suffering, medical bills from before the end of life, as well as financial losses, loss of consortium, and other damages to dependents.
- Calculating a fair comparative fault percentage. When the judge or insurance company determines the victim was partially at fault, an assignment of liability percentage occurs. Your lawyer will represent your family’s rights and argue for a fair assessment of comparative fault.
- Proving that comparative negligence did not occur. It may be possible to dispute comparative negligence by showing that the victim did not cause any part of the fatal accident.
In situations where no settlement is possible because of these disputes, it is necessary to go to court to allow a judge and jury to determine if wrongful death occurred and whether the comparative fault is an applicable component of the legal claim.
What to Do if You Believe Your Family Member Died as a Result of Wrongful Death
After a wrongful death, we encourage you to hire a wrongful death attorney to investigate what occurred and document all losses. Your lawyer will gather evidence such as:
- Witness statements
- Police reports
- Medical records
- Accident reconstruction expert testimony
- Medical expert testimony
- Expert witness testimony
Your attorney's job is to minimize the comparative fault liability percentage as much as possible under the law to fight for your family’s full recovery aggressively. While nothing will fully compensate you for your loved one’s death, you deserve as fair and complete a recovery as possible.