When we lose a loved one due to someone else’s negligence, the emotional toll is devastating. While nothing can bring back the person we’ve lost, understanding the financial aspects of a wrongful death claim can help families move forward during an incredibly difficult time. One question we often hear at Ausman Law Firm P.C., L.L.O. is how life insurance impacts wrongful death claims in Nebraska.
Life Insurance And Wrongful Death Claims Are Separate
Many families assume that receiving life insurance benefits means they cannot pursue a wrongful death claim. This is not true. Life insurance and wrongful death claims serve different purposes and come from different sources. Life insurance is a contract between the policyholder and the insurance company, paid out regardless of how the death occurred. A wrongful death claim, on the other hand, seeks compensation from the party responsible for causing the death through negligence or wrongful actions.
We’ve helped numerous families understand this distinction over our 24 years of practice. Jason Ausman and Michelle D. Epstein, who handle wrongful death cases at our firm, have seen firsthand how both types of compensation can work together to provide financial security for surviving family members.
How Life Insurance Payouts May Impact Your Claim
While you can receive both life insurance benefits and wrongful death compensation, insurance payouts may affect certain aspects of your claim. In Nebraska, wrongful death damages typically include economic losses like lost future earnings, medical expenses before death, and funeral costs. They also include non-economic damages such as loss of companionship and guidance.
Life insurance benefits generally do not reduce the amount you can recover for these damages. The at-fault party cannot argue that your damages should be lowered because you received life insurance money. This principle recognizes that life insurance is something the deceased paid for independently, not a windfall that should benefit the negligent party.
Real Cases, Real Results
Our experience speaks to the significant compensation families can receive through wrongful death claims, regardless of life insurance benefits. We’ve secured substantial settlements for our clients, including:
- A $2 million settlement for a family whose loved one died in a trip and fall accident at a restaurant
- $1.5 million for the family of a 20-year-old killed in a car accident
- $1.2 million in a medical malpractice wrongful death case
These settlements addressed the full scope of damages our clients faced, from immediate financial needs to long-term economic losses.
Timing And Practical Considerations
Life insurance typically pays out much faster than wrongful death claims. While life insurance benefits might arrive within weeks or months, wrongful death cases often take one to three years to resolve. This timing difference can actually help families, as life insurance provides immediate financial relief while we work on securing full compensation through the legal process.
We always advise families to file life insurance claims promptly while we handle the wrongful death case. The two processes run independently, and there’s no need to wait for one to complete before starting the other.
Working With Our Nebraska Wrongful Death Attorney
The intersection of life insurance and wrongful death claims involves numerous legal considerations unique to each family’s situation. We work on a contingency fee basis, meaning you pay nothing unless we win your case. This arrangement allows families to pursue justice without worrying about upfront legal costs during an already challenging time.
If you’ve lost a loved one due to someone else’s negligence, we encourage you to reach out for a free consultation. We’ll review your situation, explain how life insurance and wrongful death claims work together, and help you understand your options. Contact an experienced Omaha, NE wrongful death lawyer today to discuss your case and take the first step toward securing the compensation your family deserves.
"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."
