Lexington Wrongful Death Lawyer

The unexpected loss of a loved one is one of the most devastating experiences any family can face. When that loss is caused by another party’s negligence or misconduct, the pain is compounded by a deep sense of injustice. If your family is mourning a loved one’s death due to a preventable accident or act of carelessness, a Lexington wrongful death lawyer can help you pursue accountability, justice, and compensation under Nebraska law.

Wrongful death occurs when a person dies due to the wrongful act, neglect, or omission of another person or entity. These deaths often result from car accidents, medical malpractice, workplace incidents, or other negligent acts. Nebraska law allows surviving family members to file a wrongful death claim to hold the responsible party accountable and recover compensation for the economic and emotional consequences of their loved one’s death.

At Conway, Pauley & Johnson P.C., our legal team understands the emotional weight of these cases. We are committed to helping surviving family members navigate the legal system with compassion and strength, guiding you through each step of a wrongful death lawsuit and advocating for the financial security your family needs to move forward.

What Is Considered a Wrongful Death in Nebraska?

Under Nebraska Revised Statute § 30-809, a wrongful death is defined as one that occurs due to the wrongful act, neglect, or default of another. This legal concept mirrors what would have been a personal injury claim had the deceased survived. In wrongful death cases, the right to pursue compensation transfers to the deceased’s surviving spouse, children, or other family members through a personal representative appointed by the probate court.

Wrongful deaths occur in a wide range of tragic scenarios. These include fatal injuries sustained in auto accidents caused by distracted or intoxicated drivers, deaths resulting from surgical errors or medical negligence, and workplace incidents involving unsafe equipment or environments. Regardless of how a loved one’s death occurred, if it resulted from a negligent act or wrongful conduct, your family may have legal grounds to pursue a wrongful death action.

Filing a wrongful death claim is about more than financial recovery. It is an opportunity to hold the at fault party accountable for their actions and to give your family the chance to seek justice and closure after a devastating loss.

Who Can File a Wrongful Death Claim in Lexington?

In Nebraska, only the personal representative of the deceased person’s estate may file a wrongful death lawsuit. This representative often works on behalf of the surviving spouse, surviving children, or other family members such as parents or siblings, depending on the specific situation.

A wrongful death claim must be filed within the applicable statute of limitations—typically two years from the date of the deceased person’s death. Failing to file within this timeframe may result in the loss of your legal right to pursue compensation. An experienced Lexington wrongful death attorney can ensure all necessary deadlines and procedures are followed correctly to protect your claim.

Damages Available in a Nebraska Wrongful Death Lawsuit

Wrongful death lawsuits are designed to compensate family members for the losses suffered due to the loved one’s death. These damages may be both economic and noneconomic, covering a wide range of losses. Your wrongful death lawyer will help you pursue compensation for:

• Medical bills incurred prior to the loved one’s death
  
• Funeral and burial expenses
  
• Lost income and financial support the deceased would have provided
  
• Loss of companionship, care, and guidance
  
• Pain and suffering experienced by family members
  
• Emotional distress and mental anguish
  
• Punitive damages, in cases involving gross negligence or intentional misconduct
  

Every wrongful death case is unique, and the damages awarded depend on the specific facts involved. For example, if a fatal accident results in a prolonged hospitalization prior to death, the family may also be entitled to recover compensation for medical treatment and physical pain endured by the deceased.

Our law office works closely with medical experts, economists, and other professionals to fully evaluate the economic and emotional impact of the family member’s death. We fight to ensure that the wrongful death settlement or jury award reflects the full extent of your family’s losses.

Common Causes of Wrongful Death in Lexington

Wrongful deaths can result from a variety of incidents, many of which could have been prevented if proper care had been taken. In Lexington, Nebraska, some of the most common causes include:

Car accidents remain one of the leading causes of fatal injuries in the state. Distracted driving, speeding, reckless behavior, or intoxicated driving can all result in crashes that claim lives.

Medical malpractice, including surgical errors, misdiagnoses, and medication mistakes, can also lead to wrongful deaths. When doctors, nurses, or other healthcare providers fail to uphold the standard of care, the consequences can be fatal.

Other incidents may involve unsafe workplaces, defective products, nursing home abuse, or dangerous property conditions. In some cases, wrongful deaths occur as the result of intentional acts such as assault or other forms of violence. Whether the incident involved negligence or intentional misconduct, a Lexington wrongful death claim can be brought to seek justice for the harm caused.

The Legal Process for a Wrongful Death Suit in Nebraska

Filing a wrongful death suit involves several steps. First, a personal representative must be identified and appointed by the probate court. This individual then has the legal authority to file the wrongful death action on behalf of the surviving family members.

Next, your legal team will investigate the circumstances surrounding the loved one’s death. This may include collecting medical records, accident reports, eyewitness statements, and insurance documents. In cases involving multiple parties or complex liability issues, experts may be consulted to reconstruct the event or evaluate professional standards of care.

The lawsuit itself may involve negotiations with insurance companies, mediation, or formal court proceedings. While many wrongful death lawsuits settle outside of court, others may require a trial to recover full and fair compensation. Your Lexington wrongful death lawyer will prepare every case as though it’s going to court, ensuring that your legal position is as strong as possible from the outset.

Why Choose a Lexington Wrongful Death Attorney?

Handling a wrongful death lawsuit requires not only legal skill but also empathy, discretion, and a deep commitment to serving families in need. At Conway, Pauley & Johnson P.C., we understand the grief and uncertainty that follows a family member’s death. Our attorneys are committed to standing beside you, offering clear guidance and fierce advocacy throughout the legal journey.

We’ve helped clients across Nebraska recover compensation in wrongful death cases involving car accidents, medical malpractice, workplace negligence, and other wrongful actions. Our team has the experience, resources, and dedication to hold negligent parties accountable and to pursue the best possible outcome for your family.

Learn more about how we can help with your Lexington wrongful death claim. Call Conway, Pauley & Johnson P.C. at (402) 462-5187 to schedule your free, no-obligation consultation. You can also reach us through our contact page. Let us help you take the first step toward justice and healing.

Lexington Wrongful Death Lawyer FAQs

What qualifies as a wrongful death under Nebraska law?

A wrongful death occurs when someone dies due to another party’s wrongful act, negligence, or failure to act. Common causes include car accidents, medical malpractice, and unsafe working conditions.

Who can file a wrongful death claim in Nebraska?

Only the personal representative of the deceased’s estate can file the claim. This person represents the interests of the surviving spouse, children, or other family members.

What types of damages can be recovered in a wrongful death lawsuit?

Damages may include funeral and burial expenses, lost income, medical bills, pain and suffering, emotional distress, and loss of companionship. In cases of gross negligence, punitive damages may also apply.

How long do I have to file a wrongful death suit in Nebraska?

Generally, a wrongful death lawsuit must be filed within two years of the loved one’s death. Missing this deadline may bar your ability to recover compensation.

How is a wrongful death settlement distributed?

In Nebraska, wrongful death settlements are typically distributed among surviving family members based on their relationship to the deceased and the extent of their losses. The probate court may oversee distribution.