Now May Be the Time to Call a Fatal Injury Lawyer in Nebraska or Iowa
Every time we get behind the wheel, go on an amusement park ride, or seek medical attention, there is a very small but incredibly frightening risk that another person’s mistake could be fatal.
You don’t have to wait for police and prosecutors to enforce accountability. If you’ve lost a close relative in a fatal Iowa or Nebraska accident that was not their fault, the Law Office of Matthew A. Lathrop could help your family take action.
How to Determine if Your Loss Qualifies for a Wrongful Death Claim
A wrongful death lawsuit is a type of legal claim filed against a defendant who committed an act of negligence or misconduct that caused another person to lose their life.
Every state writes its own definition of what constitutes a wrongful death. Nebraska and Iowa, for instance, use very different language to detail the circumstances under which a death can be termed “wrongful.” However, courts in both states will typically permit a claim if the deceased person would have been entitled to file a personal injury lawsuit had they not passed away.
Many wrongful death claims relate to:
Who Can and Cannot File a Lawsuit
Only certain people have standing to file a wrongful death lawsuit. The term “standing” describes a person or party’s right to file a complaint in court. In most civil cases, an individual has standing if they suffered serious injuries or incurred other damages. However, because a deceased person cannot appear before a judge and jury, somebody else must initiate proceedings on their behalf.
In some states, the close living relatives of a deceased accident victim have standing to file a wrongful death lawsuit, but that isn’t the case in Iowa or Nebraska. In Iowa and Nebraska, only the executor of the decedent’s estate has standing to sue. If your loved one never wrote a will or appointed the executor, then the court will appoint one.
It’s important to note that while only the executor has standing to file a wrongful death case, the decedent’s heirs – most often their close relatives – will share any legal compensation. A successful wrongful death case could give your family the opportunity to pay for funeral costs, relieve financial strain, and hold a wrongdoer accountable for a life-shattering loss.
Wrongful Death Statutes of Limitations
Wrongful death lawsuits are subject to stringent statutes of limitations. If you file your case after the statute of limitations expires, the defendant may raise this legal issue as a defense and your case may be dismissed.
In most Iowa and Nebraska wrongful death cases, families have only two years from the date of the victim’s death to file a lawsuit.
In some cases, however, the time to file a case or provide notice of filing a case may be shorter or longer than two years.
How the Law Office of Matthew A. Lathrop, PC, LLO, Can Help
Matthew A. Lathrop has spent nearly 20 years helping grieving families fight their way forward after being forced to confront the unthinkable. We understand that a wrongful death lawsuit is the only chance many people have to hold drunk drivers, reckless motorists, and irresponsible trucking companies responsible for mistakes no amount of money can mend.
When we accept a new case, we do more than work to ensure our clients can face steep odds with confidence—we prioritize their voices, bring their stories to court, and make every effort to reach conclusions that bring families one step closer to closure.
