Within two years of a wrongful death occurring, a loved one or close relative of an individual who has died must file a wrongful death action in court. If the defendant (or in this case, his or her insurer) isn’t negligent in any way then they can only be found liable and ordered to pay the victim s surviving family members for the financial blow they’ve suffered as a consequence. In this type of situation, the defense will attempt to show that the death wasn’t accidental and didn’t happen due to the defendant’s fault. Oftentimes, these cases end up in a settlement, but many do go to trial. Many people are surprised to find out that it isn’t uncommon for criminal defendants to settle civil claims out of court rather than going to trial. Sometimes, judges may refuse to grant summary judgments, which means that the case goes to trial – Read more
Wrongful Death in Omaha – Filing Military Death Suit
During any given wrongful death case, one side or the other will try to prove two different things. One of those things is that the death was caused accidentally by the defendant, who then failed to take reasonable steps to prevent the accident. The other side will try to prove that the deceased was a family person who deserved to receive monetary damages because of the conduct of the defendant during the time of his life leading up to the incident. Both sides will present evidence, testimonies, and more to support their positions.
The best thing to do if you find yourself involved in a wrongful death suit is to seek out legal advice from an Omaha wrongful death attorney. These types of cases can become very complex and complicated. You want to be sure that you are represented by someone who has experience working in the courtroom and dealing with all of the facts. You want to be certain that your rights are protected and that you get the settlement you deserve so that you can at least enjoy resting in peace knowing that the memory of the deceased is not lost.