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Wrongful Death Claims and Fatal Accident in Nebraska

Personal injury cases arise due to carelessness, negligent oversight, and malicious intentions of others. While the physical and emotional harm caused by a lack of diligence, experience, proper training, or disregard for the value of life can vary in severity, and some victims pay the ultimate price for these indiscretions. This is known in the legal realm as wrongful death, and the loss of life involved can have a devastating impact on those left behind to carry on without a loved one lost too soon. And this when you need to seek out a Nebraska wrongful death attorney.

Types of Wrongful Death Cases

Vehicle accidents are among the most common causes of wrongful deaths across the nation. According to the latest report from the Nebraska Department of Roads, 246 fatal accidents occurred in our state in 2015, the highest number on record since 2007. Of those, 26 victims were motorcycle riders and 19 were pedestrians. Commercial vehicles, such as 18-wheelers and forms of public transportation, are also often involved in these types of situations.

Nebraska Wrongful DeathMedical malpractice is another prevailing factor wrongful death lawyers in Omaha, Nebraska face. The third leading cause of death behind heart disease and cancer are medical errors, causing at least 250,000 deaths every year. Across the country, defective medical devices are also to blame for people being lost before their time. Wrongful deaths can likewise occur due to:

  • Hazardous Working Conditions: Improperly maintained machinery, falls, chemical burns or inhalation, mining accidents, and unsafe construction sites fall into this category.
  • Farming Injuries: These include grain bin entrapment, machinery entanglement, overturned tractors and falls or falling objects. They often take place due to improper training on machinery use, unauthorized removal of safety shields and blade guards and irresponsible actions of fellow farm workers.
  • Boating and Recreational Vehicle Accidents: Deaths caused by jet skis, ATV's, campers and similar vehicles are often results of driver distractions, excessive speed and alcohol use.
  • Defective Products: Designers, manufacturers and distributors sometimes rush products to the market despite flaws in planning or assembly. Inadequate testing and failure to inform the public of potential dangers are also factors in cases where defective products lead to death.

Unfortunately, those accountable for lives lost due to circumstances like these are rarely willing to pay for the consequences of their actions or even admit responsibility. To make matters worse, proving who is at fault in a wrongful death case requires a number of measures. It's not something most people are able to accomplish on their own.

You Need an Advocate

At Demerath Law, we're well aware of the emotional, physical and financial hardships families face after the unexpected loss of a loved one. We're also dedicated to ensuring justice is served for those surviving family members left behind by victims of other people's negligence. Omaha, Nebraska wrongful death attorneys at Demerath Law Office bring their 40 years of experience to the aid of their clients, and our team promises to do everything in our power to help make life a little easier for families following incidents like these.

What it Takes to Win

A number of elements must come together in order to build a strong case against those responsible for a victim's death. First and foremost, your wrongful death attorney in Omaha, Nebraska must establish the defendant was obligated in some way to keep your family member safe. It's known as the duty of care. Doctors are responsible for providing proper care to their patients; drivers are obligated to act responsibly behind the wheel of an automobile; and product engineers, builders, distributors and marketers must ensure their products are completely safe for consumers, to name a few scenarios.

Secondly, a breach of the duty of care must be proven. Your Omaha, Nebraska wrongful death lawyer is charged with clearly showing the defendant failed to uphold his or her responsibilities to your lost loved one. A doctor may have overlooked an existing medical condition, an irresponsible driver could've been driving too fast for road conditions or a product developer might've insisted on skipping proper testing procedures in order to meet a distribution deadline.

The final factor is causation, meaning the negligent actions of the defendant were directly linked to the death of your family member. In the event an employer is being brought before the court in your case, his or her role must be effectively proven. For example, say your loved one was killed at work by a piece of malfunctioning equipment. Your wrongful death attorney in Omaha, Nebraska would then responsible for substantiating the accident was a result of failure to maintain the equipment rather than a design flaw at the hands of the manufacturer.

Below the Surface of Your Case

Convincing a jury to the extent required by law takes far more than a legal counsel's statements and your testimony. Determining each of the three points mentioned above often takes extensive research. They also have to be linked by relevant facts, evidence, and experts in various fields. Our legal team possesses thorough knowledge of the laws regarding personal injury and wrongful death, and we have the resources necessary to fill in all those gaps. We've also developed professional relationships with authoritative witnesses. Through their testimony, the evidence we gather and present before judge and jury, and the representation of your Omaha, Nebraska wrongful death attorney in court, we'll take on the defendant and his or her legal team to prove your case.

Above and Beyond the Basic Wrongful Death Claim

At Demerath Law, we realize each family's needs are different, and we strive to tailor our services to meet your unique situation. Aside from building your case against those responsible for your loved one's death and seeing you through the trial, we're here to help with all the additional details. These may include:

  • Life Insurance Claims
  • Probate and Estate Administration
  • Pension Beneficiary Claims

As a prominent and experienced Nebraska wrongful death attorney in Omaha, Larry R. Demerath is your advocate as well as your partner throughout the entire process surrounding your loved one's death. All our resources are here for you, and we cover your immediate needs while also considering your family's future.

Call us at (402) 677-5656 or fill out the form on our website to tell us about your case or find out more about the services we offer.

Demerath Law Office did excellent legal work on the sale on contract of our corporation. his contract saved losing the last payment. I would recommend them.

- Gordon F