Losing a loved one unexpectedly is one of the most painful experiences a family can face, especially when the loss was caused by someone else’s actions or negligence. At Ausman Law Firm P.C., L.L.O., we represent families pursuing justice through wrongful death claims. Our Omaha, NE wrongful death lawyer team understands the challenges grieving families face and how to approach these cases with care and precision.
What Qualifies As Wrongful Death?
A wrongful death occurs when someone dies due to the wrongful act, neglect, or failure of another person or party. This could include car accidents, medical malpractice, workplace accidents, defective products, or even violent acts. Wrongful death claims are civil cases, meaning they’re filed to seek financial compensation for the losses the family has suffered.
Who Can File A Wrongful Death Claim?
In Nebraska, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. The compensation awarded through a claim typically goes to the surviving spouse, children, or other dependents. The law lays out a clear order of priority regarding who is eligible to recover damages.
Types Of Compensation In A Wrongful Death Case
The damages in a wrongful death claim can cover a range of financial and emotional losses. These may include funeral and burial expenses, medical bills related to the deceased person’s final care, lost income, and loss of companionship or guidance. In some cases, punitive damages may also be considered, especially if the defendant’s conduct was particularly reckless.
Life insurance and wrongful death claims are separate and the outcome of one of these claims has no bearing on the other. This means that, even if the victim of a wrongful death has a life insurance policy that provides their family with money, the family of the victim can still pursue a wrongful death lawsuit on behalf of their loved one.
Proving Fault In A Wrongful Death Claim
To be successful, a wrongful death claim must prove that the defendant owed a duty of care to the deceased, that this duty was breached, and that the breach directly caused the death. We work with investigators, medical experts, and other professionals to gather the evidence needed to support each case. It’s important to begin this process as soon as possible, as there are deadlines for filing.
How Prior Experience Helps Build Stronger Cases
Prior to becoming personal injury lawyers who fight for the rights of injured Nebraskans, our lawyers worked for insurance companies. This experience gives them a unique edge when building their cases for victims of personal injuries and wrongful deaths because they know how the other side thinks and operates. This insight helps us challenge unfair tactics and build more effective legal strategies.
Wrongful death cases can be emotionally and legally complex, but we are committed to helping families move forward. Our firm offers clear, honest guidance and works diligently to seek accountability for the harm caused.
Ausman Law Firm P.C., L.L.O. represents clients across Nebraska with compassion, focus, and a results-driven mindset. Founding attorney, Jason Ausman is a member of the American College of Trial Lawyers (ACTL), American Board of Trial Advocates (ABOTA), and Nebraska Association of Trial Attorneys (NATA). If you are in the unfortunate situation of needing a trustworthy, skilled, and highly recommended personal injury lawyer, contact us today.
"I would highly recommend Jason Ausman and his team. Jason was extremely helpful during the settlement of my case and his support team also was great to work with."
"So much compassion and patience from everyone at this firm. I’m incredibly thankful for their dedication to my case and making sure I received the best outcome possible. Thank you!"
“Michelle Dreesen and her firm Ausman Law were very professional, caring and provided outstanding guidance with our case. Totally recommend her and her firm.”
“A professional, knowledgeable and dedicated team. Ausman Law managed my case and advocated for me exceeding my expectations! Thank you Ausman Law!”
“Jason and his team are very smart professional and personable.. easy to work with and make you feel comfortable working with them.. definitely the law firm you want in your corner!”
"Jason and his staff are the best! I was always made to feel like I was a priority when speaking with Jason or one of the wonderful ladies in his office. It was an awesome client experience and I will definitely call them again when I need a good attorney!"
"Matt and Ann took on a very difficult case. They care!! They definitely worked hard and never gave up!! Much appreciated."
