Omaha Fatal Car Accident Lawyers
We Help Families Get Compensation for the Loss of a Loved One
A car accident can cause serious injuries. Sometimes, those injuries can be fatal. This shocking loss can be devastating for family members, especially if the victim helped provide for the family. When a loved one's death was the result of someone else's negligence, that person should be held accountable. The fatal car accident attorneys at Ausman Law Firm, P.C., L.L.O. help the loved ones of victims get justice throughout Nebraska and Iowa.
Our firm represents the families of victims killed in car accidents caused by another driver's negligence. If you’ve lost a loved one in a fatal wreck, we can help.
Where and how do most car accident deaths occur?
Most fatal car crashes occur in rural areas (including interstate highways), outside major cities. The primary reason for this is speed: the faster a car is going, the greater the force of impact in a collision.
Fatal injuries can occur in all crash configurations, but perhaps the deadliest are head-on collisions (because of the combined force of impact) and T-bone or side-impact crashes (because the side of a car provides much less protection than the front or rear). In addition, heavy trucks are involved in a disproportionate number of fatal crashes, with virtually all fatalities being occupants of smaller vehicles.
Fatal car accident investigation procedures
When a car crash results in a fatality, it is virtually always investigated by local or state police. If the accident involved a commercial vehicle, a federal agency such as the National Highway Traffic Safety Administration (NHTSA) may investigate as well. These government investigations may take days, weeks, or even months to complete.
Of course, the insurance company or companies that may be responsible for paying for the crash will send their own investigators. Their job is simple: to protect their bottom line. That’s one of the reasons why it’s so important to have an experienced attorney on your side, investigating on your behalf.
We conduct our own investigation into the accident to find out exactly what happened. Whether it was a rear-end accident, head-on collision, T-bone, or another type of crash, our firm knows where to look for evidence proving the other driver was negligent. Examples of negligence include speeding, distracted driving, drowsy driving, reckless driving, and driving under the influence.
We'll review police reports, medical records, and other documents. We'll talk to witnesses. If needed, we'll consult accident reconstruction experts. Our job is to get to the bottom of what happened and who was responsible for your loved one’s death.
Damages that can be pursued in a fatal car accident claim
If we find evidence that the other driver was negligent, we can file a wrongful death suit to recover compensation. The damages (financial compensation) for a car accident death may include:
- Loss of financial support for family and dependents
- Loss of personal companionship
- Funeral expenses
- Pain and suffering (yours or your loved one's, depending on which state the accident occurred)
- Medical expenses related to the accident
- Punitive damages (in certain cases)
Ultimately, only an attorney can tell you what your wrongful death car accident settlement or verdict may be worth. Even if you’re not sure whether you have a case, it’s in your interest to speak with a lawyer as soon as possible.
Does accidental death insurance cover fatal car accidents?
Accidental death is a type of insurance that pays a certain amount to a named beneficiary if the covered person dies due to unexpected, accidental causes (as opposed to life insurance, which pays regardless of the cause of death, with specific exclusions). Most car accidents are covered by accidental death policies, but it depends on the circumstances of the crash and the policy language. It’s always a good idea to review the insurance policy documents with an attorney if you aren’t sure whether your loss is covered.
Our attorneys can investigate and find all available sources of insurance coverage for your loved one’s death. Depending on the circumstances, that may include their own insurance policy, an at-fault driver’s insurance policy, or even a third party’s insurance. We will leave no stone unturned to pursue the best possible results for your family.
Who can file a lawsuit after a fatal car accident?
In both Nebraska and Iowa, only the personal representative (or executor) of the deceased person’s estate can file a wrongful death lawsuit. In other words, just being the surviving spouse, child, or another relative of the deceased doesn’t entitle you to file a lawsuit. You have to go through probate and get appointed as the personal representative first. Our attorneys can help guide you through this process.
Compassionate Representation That Gets Results
We know that money can't replace your loved one. But taking legal action can hold the negligent driver responsible for what happened. And if your loved one was a provider, it can help your family gain some financial stability as you recover from your loss.
Regardless of what caused the fatal car accident, the negligent driver and insurance companies will likely deny responsibility. Our Omaha fatal car accident attorneys used to work for the insurance companies. We know the strategies insurance companies use. That's why we focus on building a strong case that can't be ignored.
We'll negotiate with the insurance company to try to reach a wrongful death car accident settlement agreement. And if they won't do what's right, we'll fight for your loved one in court. We have a strong track record of success. We're proud of our victories and the compensation we have been able to secure for our clients. Our law firm serves all of Nebraska.
If you've lost a loved one in a fatal car accident, we encourage you to contact us for a free consultation. We know it can be difficult to talk about what happened. But taking action sooner rather than later can help build a stronger case to ensure that your family receives justice.
