You Need an Experienced Omaha Wrongful Death Lawyer
We Help Families Who Suffered a Terrible Loss
Losing a loved one in an accident can be devastating. It is common to experience many different emotions, including shock, grief, sadness, and anger. When the accident was caused by the negligence of another person, you want to hold that party responsible. The Omaha wrongful death lawyers at Ausman Law Firm, P.C., L.L.O. can help you get justice for your loved one.
Our firm represents the families of loved ones killed due to car, truck, or motorcycle crashes, work accidents, other types of personal injury accidents, and medical malpractice. We offer compassionate representation mindful of your personal needs.
Our experienced and knowledgeable wrongful death attorneys know how to build a strong, legal case that proves negligence led to your loved one's death. Our wrongful death lawyers then aggressively pursue damages against the negligent party.
What is covered by a wrongful death claim or lawsuit?
A wrongful death is a death caused by the careless, reckless, or intentional acts of another person. A wrongful death claim or lawsuit is a civil claim pursuing financial compensation for costs associated with the death. This is separate from any criminal charges that may be brought by the State of Nebraska in connection with the same death.
No amount of money can bring your loved one back. But pursuing a claim can hold the negligent party accountable. And if your loved one was a provider for your family, such compensation can provide your family with some financial stability as you adjust to your loss. Damages we can pursue in a wrongful death lawsuit 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)
Negligent parties often deny responsibility. Insurance companies often try to minimize compensation. Our Omaha wrongful death attorneys can fight back on behalf of your loved one for justice. Many times, we are able to negotiate a favorable settlement. If we cannot, we are prepared to take the negligent parties to court.
Statute of limitations for wrongful death claims in Nebraska and Iowa
A statute of limitations is a legal time limit or deadline to file a lawsuit. Nebraska and Iowa both have statutes of limitations for filing personal injury and wrongful death claims.
In both Iowa and Nebraska, the deadline for filing a wrongful death lawsuit is two years from the date of death. Two years might sound like a long time. But gathering evidence and building a successful wrongful death case often takes much longer than many people realize. That’s why it’s important for families to talk to a wrongful death attorney as soon as possible.
Our wrongful death lawyers want to help you
We know it is difficult to talk about what happened to your loved one. Even so, we encourage you to come in and meet with us as soon as possible after the accident. It is important to collect evidence before it is lost and talk to witnesses while their memories of the accident are still fresh.
Find out what we can do for your family. Schedule an appointment with our law firm today and talk with an Omaha wrongful death lawyer focused on your needs. We're here for you when you need us most.
Even if you’re not sure if you have a case, call our office. There is no cost and no obligation to talk to us. Contact us to schedule your free consultation. We’ll review your loved one’s accident and explain all your legal options, including whether to file a wrongful death lawsuit.
Who Can File Wrongful Death Case
In the state of Nebraska, wrongful death lawsuits can only be initiated by the deceased’s personal representative. But, this action is brought forward for the benefit of surviving loved ones, such as the children and spouse, among others. You and your family may be owed compensation for losses and damages through a wrongful death claim. These claims have to be supported with evidence. Our Omaha, NE wrongful death lawyer can collect evidence, perform investigations, and identify liable parties so you know who to seek payment from and who should be held accountable. We understand that no amount of money can undo what has already been lost. The intention of a wrongful death case is to ensure that your family does not incur financial hardships while you grieve this difficult time.
How To Prove Your Claims
Building a case for wrongful death requires experience in personal injury law. These cases can be complex, nuanced, and sensitive in nature. That is why we recommend having a legal team take the lead. Attempting to figure out the laws yourself can be challenging, especially when you are in the midst of your grief. We can provide you with the legal counsel and representation you need so that your loved one’s life was not taken in vain. We can engage in aggressive settlement negotiations and pursue litigation so that your family gets the compensation you deserve. When proving your claims about the incident that took your relative’s life, the following evidence is helpful:
- Medical records to connect the defendant’s actions and cause of death
- Accident or police reports for the scene of the accident
- Witness testimonies who saw the accident happen
- Pictures or video footage
- Death certificate or official document that states the cause of death
- Autopsy reports that analyze and conclude cause of death
- Out of pocket expenses incurred by the surviving family (burial, funeral, medical bills, etc.)
Four Elements Of Wrongful Death
The foundation of any wrongful death lawsuit is proving why and how the defendant is responsible. There are four elements to prove, including a duty of care, breach of duty, causation, and damages. Duty of care is showing that the defendant was responsible for the safety of your relative. It must be shown how the defendant breached this duty of care, which then led to causation. There must be a link between the defendant’s actions and the fatality. Finally, it must be established that there were monetary and emotional losses suffered by the surviving family.
We Can Help You
Our team understands that you and your family may be going through an intense period of grief. We can support you as we initiate a wrongful death lawsuit against the offending party. Many relatives are driven by the pursuit of justice so their loved one’s life was not taken in vain. Please let our team at Ausman Law Firm P.C., L.L.O. consult with you further to learn more about the accident that took their life. We can inform you about your options and if there is a foundation to seek legal action. We can help you today.
7 Things To Know About Looking For A Wrongful Death Lawyer
Losing a loved one due to someone else’s negligence is devastating, and finding the right attorney to handle a wrongful death claim can feel overwhelming. At Ausman Law Firm P.C., L.L.O., we have been defending the rights of injury victims and their families for almost 20 years. We have helped hundreds of clients recover damages to pay for expenses that result from their injuries. If you are searching for an Omaha, NE wrongful death lawyer, here are seven important things to consider.
- Experience Matters – Wrongful death cases can be legally challenging, so it is important to work with an attorney who has handled similar claims before. Look for a lawyer with a history of successfully representing families in wrongful death lawsuits and securing fair settlements or verdicts.
- Communication Is Key – A good lawyer should be accessible and willing to answer your questions throughout the process. Pay attention to how quickly they respond to your inquiries and whether they take the time to explain legal options clearly. As well, many lawyers, especially at larger firms, will speak with clients initially but then rely on paralegals and office staff for the bulk of their communication. If you are looking for 1:1 communication with your lawyer throughout your claim, make sure they will be available for this.
- Resources and Support – A wrongful death case may require extensive investigation, expert testimony, and financial resources to build a strong case. Choose a firm with the ability to gather the necessary evidence and present a compelling argument on your behalf.
- Track Record of Success – While no outcome is guaranteed, reviewing a law firm’s past results can give you an idea of their ability to win cases. A Omaha wrongful death lawyer with a strong history of positive settlements and verdicts is more likely to achieve a favorable outcome for your case compared to a lawyer without these things.
- Compassion and Understanding – Losing a loved one is emotional, and your lawyer should be compassionate and respectful of your situation. Look for someone who genuinely cares about your case and is committed to helping you through the legal process with as little stress as possible. If a lawyer is not compassionate and understanding from the onset, the likelihood that they develop these qualities is not high.
- Fee Structure and Costs – Many wrongful death lawyers work on a contingency fee basis, meaning they only get paid if they win your case. Make sure you understand how legal fees will be handled before making a decision. A trustworthy personal injury lawyer will be transparent about costs from the start.
- Consultations Are Important – Meeting with an attorney before hiring them allows you to ask questions and determine whether they are the right fit for your case. Most firms, including ours, offer free consultations, giving you the chance to discuss your claim without any financial obligation.
Finding the right legal representation can make all the difference in a wrongful death claim. It does not matter whether your loved one was killed in a workplace or car accident, because of medical malpractice or from any other cause. If you need legal assistance, an Omaha wrongful death lawyer from Ausman Law Firm P.C., L.L.O. can help you understand your rights and pursue the compensation your family deserves. Contact us today for a free consultation to discuss your case.
Omaha Wrongful Death FAQs
Losing a loved one because of someone else’s actions is one of the most difficult experiences a family can face. When that loss involves negligence that results in an innocent person’s death or or an innocent person dies because of someone’s malicious or reckless conduct, it may be possible to pursue legal action for compensation. An experienced Omaha, NE wrongful death lawyer can help you take the right steps. Below, we’ve answered some of the most common questions people have when considering whether to move forward with a wrongful death claim in Nebraska.
Are Wrongful Death Cases Hard To Win?
Wrongful death cases can be challenging because they require clear proof that someone’s actions directly caused the death. We work to gather evidence such as witness statements, accident reports, and expert evaluations to build a strong case. While no case is ever guaranteed, we focus on presenting a clear timeline of what happened and who is legally responsible. Success often depends on how early the case is investigated and how thoroughly the facts are documented. Insurance companies are known for putting lots of time and resources into trying to pay injured victims as little money as they can get away with. We are experienced with successfully standing up to insurance companies and that have garnered favorable rewards for our clients.
Do Most Wrongful Death Cases Settle?
Yes, most wrongful death cases are resolved through settlement rather than trial. Settlements can help families avoid lengthy court proceedings while still receiving compensation for their loss. We negotiate directly with insurance companies and defense attorneys to seek fair outcomes. If a settlement can’t be reached, we’re always prepared to take a case to court. As our Omaha wrongful death lawyer will explain, our goal is to protect our clients’ rights and work toward results that reflect the seriousness of their loss.
How Much Does A Wrongful Death Lawyer Cost In Omaha?
We take wrongful death cases on a contingency fee basis. That means you don’t pay any upfront costs, and we only get paid if we recover compensation for you. Families already face financial stress after a sudden loss, and we don’t want legal fees to add to that burden. During your initial consultation, we’ll clearly explain how our fees work so there are no surprises. At Ausman Law Firm P.C., L.L.O., we believe legal help should be accessible when families need it most.
What Does A Wrongful Death Lawyer Do?
We handle every part of the legal process so you can focus on healing. That includes investigating the cause of death, identifying the responsible party, calculating damages, and handling all communication with insurance companies or opposing counsel. We also file all necessary court documents and represent you during settlement talks or in court. As your Omaha wrongful death lawyer, we stay in close contact with you throughout the case and answer your questions as they come up.
How Long Do I Have To File A Wrongful Death Lawsuit In Omaha?
In Nebraska, the deadline to file a wrongful death lawsuit is two years from the date of the person’s death. This is known as the statute of limitations. If a lawsuit isn’t filed in that time frame, the case may be dismissed. That’s why it’s important to speak with an attorney as soon as possible. Early action allows us to gather important evidence and begin building your case while details are still fresh and accessible.
Ausman Law Firm P.C., L.L.O.
Talk To Us About Your Case
If you're considering legal action after the loss of a loved one, we’re here to support you. As a trusted Omaha wrongful death lawyer, we focus on helping families receive the justice and financial recovery they deserve. We’ve been proudly serving clients since 2007 and have helped hundreds of families through difficult times by getting favorable settlements and verdicts with many individual cases having awards in the millions of dollars.. Contact us today for a free consultation—we’re ready to listen and provide the guidance you need.