If a loved one died due to the negligence of another, you may be able to bring a wrongful death lawsuit against that person or entity. Nobody wants to think about going to court after the loss of a family member, but filing a wrongful death claim is one of the ways you can help protect your family’s financial future after such a catastrophic loss.
We understand that this is not an easy process to go through. At Hauptman, O’Brien, Wolf & Lathrop, LLC, our Omaha wrongful death attorneys take care of the work and see to the details for you. This allows you to focus on what’s important while seeking a just settlement for the untimely loss of your loved one. Call us today at (402) 241-5020 or contact us online for a free consultation.
What Our Omaha Wrongful Death Attorneys Can Do for You
Nebraska wrongful death claims involve strict legal requirements that can make the process difficult for grieving families. In most cases, the lawsuit must be filed by the personal representative of the deceased’s estate. If no estate has been opened, certain surviving family members, such as a spouse, child, sibling, or legal guardian, may have the right to pursue the claim.
It is also important to understand that a wrongful death lawsuit may be filed even if the person responsible for the fatal accident has also died. In those situations, the claim is typically brought against the at-fault party’s estate rather than the individual.
An experienced wrongful death attorney at Hauptman, O’Brien, Wolf & Lathrop can help by:
- Determining who has the legal right to file the lawsuit under Nebraska law.
- Identifying all potentially liable parties, including an at-fault person’s estate when appropriate.
- Ensuring all deadlines are met, including Nebraska’s statute of limitations and any applicable exceptions.
- Gathering evidence and building a strong claim to support your family’s right to compensation.
- Handling negotiations and court proceedings so you can focus on your family during a difficult time.
Under Nebraska’s statute of limitations, most wrongful death lawsuits must be filed within two years of the victim’s death. However, certain circumstances can extend or shorten this deadline. Speaking with a wrongful death attorney as soon as possible can help you determine which filing deadline applies to your case and protect your family’s right to seek compensation.
What Is Wrongful Death?
Wrongful death is when someone dies as a result of another person or party’s negligent actions. Wrongful death cases are civil lawsuits that seek to compensate the deceased person’s remaining family members.
Wrongful death suits are not criminal cases, meaning the plaintiff does not need to prove malicious intent or guilt on the part of the negligent party. In a wrongful death case, all that needs to be shown is:
- A persons death was the result of someone else’s negligence and;
- The family left behind have suffered financially as a result of the death and;
- Someone has been appointed to manage the deceased individual’s affairs/estate.
If all of the above are true, the wrongful death case is valid and can be brought to trial.
Types of Wrongful Death Cases Our Attorneys Handle in Omaha
A wrongful death claim can be the result of an accident or injury suffered as a result of someone’s negligence. Common causes of wrongful death cases we handle include:
Motor Vehicle Accidents
A large number of wrongful death claims are a result of motor vehicle accidents caused by negligence. According to estimates by the NHTSA, over 36,600 people died in motor vehicle accidents in 2025. While we cannot heal the wounds of losing a loved one, our experienced wrongful death lawyers can help families pursue compensation after a deadly motor vehicle accident.
Slip and Fall Accidents
A slip and fall accident can turn catastrophic if the fall results in a devastating blow to the head. The human brain is fragile, and If it experiences a violent blunt force, the victim can suffer life-altering injuries and in some cases, death. If your loved one has died from a slip and fall injury caused by negligence, the wrongful death attorneys at Hauptman, O’Brien, Wolf & Lathrop are here to help. We will investigate your loved one’s case and work to prove negligence was the direct result of their death.
Medical Malpractice
Medical malpractice accidents can, unfortunately, lead to death. Many deaths caused by malpractices include:
- Misdiagnosis or failure to diagnose
- Failure to provide adequate and proper treatment
- Unreasonable delays in medical treatment
- Failure to obtain informed consent
- Overprescribing medications
- Infections caused by foreign objects or improper sealing of a wound
If your family member was killed and you suspect medical malpractice was a direct contributor, call our law offices today so we can sit down with you and discuss your legal options. Your first case evaluation is free.
Faulty Product Accidents
Product liability laws are in place so manufacturers, distributors, product designers, and retailers can be held liable for releasing and selling potentially dangerous products to the general public. Manufacturers are obligated by law to ensure their products are safe for use. If there is a defect in a product that has been released to the public and someone dies because of the defect, the company that created the product can be held liable for the accident.
Common defective products include:
- Auto parts
- Medical devices
- Toys
- Electronic devices
- Medications
Workplace Accidents
Unfortunately, there are a large number of workplace accidents that happen throughout the United States each year. Construction, oil, and electrical jobs can all prove to be very dangerous if the proper precautions are not taken. Workers in these industries are often around hazardous materials and dangerous equipment that can pose a risk to their life. When a product in one of these industries malfunctions, it can be catastrophic. Instances of accidents in the workplace causing a death include:
- Explosions
- Fires
- Worker falls
- Harmful chemical exposure
- Equipment malfunctions
- Scaffolding collapses
Animal Bites
Even the tamest animals can be dangerous in a matter of seconds. Many animal bites cause severe injuries and even death if the bite is serious enough. Many dog bites happen with familiar dogs. This is why it is important to educate your children and loved ones on how to act properly around dogs that are not their own. If you or a loved one has died due to a dog bite, call the experienced dog bite lawyers at Hauptman, O’Brien, Wolf, & Lathrop right away. We will fight for your lost loved one and work to get your family the compensation needed to move forward.
Who Can File a Wrongful Death Claim in Omaha, NE?
In Omaha, NE, a wrongful death claim can typically be filed by the legal representative of the deceased’s estate. If no estate exists, the claim can be pursued by the deceased’s next of kin, which may include spouses, children, parents, or other surviving family members. Nebraska law specifies that these individuals have the right to seek compensation for financial and emotional losses resulting from their loved one’s death.
Our wrongful death attorneys can provide crucial guidance on whether you are eligible to file a claim and help navigate the complex legal process. Immediate family members often have priority in filing a lawsuit, but in certain cases, extended family or dependents may also be entitled to pursue legal action. This ensures that those most affected by the loss have the opportunity to recover damages for medical expenses, funeral costs, lost income, and loss of companionship.
How Do I File a Wrongful Death Lawsuit in Omaha, NE?
Filing a wrongful death lawsuit in Omaha, NE, involves several essential steps:
- Determining eligibility: The legal representative of the deceased’s estate or an eligible surviving family member must initiate the claim.
- Gathering the necessary documentation: Collect medical records, accident reports, and proof of financial losses resulting from the loved one’s death.
- Consulting an attorney: An Omaha wrongful death attorney can help prepare and file a formal complaint against the negligent party.
- Filing the complaint: The lawsuit is formally filed, outlining the circumstances of the wrongful death, establishing liability, and detailing the damages being sought.
- Serving the defendant: The defendant is officially served with the lawsuit and given a specific timeframe to respond.
- Engaging in the discovery process: Both parties exchange evidence, conduct investigations, and take depositions if necessary.
- Negotiating a settlement: Attorneys may engage in discussions with insurance companies or opposing counsel to reach a fair settlement.
- Trial, if necessary: If a settlement is not reached, the case goes to trial, where a judge or jury determines the outcome.
Given the legal complexities involved, working with an experienced Omaha wrongful death attorney is crucial. They can handle court filings, negotiations, and trial proceedings to ensure you receive the compensation you deserve for your loss. If you need assistance with an Omaha wrongful death claim, our attorneys want to hear from you.
Wrongful Death Compensation in Omaha
Since wrongful death cases are civil suits in Nebraska, damages awarded are based on monetary losses. While the representative or family of the deceased can seek compensation for the pain and suffering their family member endure, they cannot seek damages for their own pain and suffering.
Damages that can be awarded in a wrongful death case in Nebraska include:
- Funeral and burial costs
- Medical bills
- Lost wages
- Loss of earned income
- The deceased’s pain and suffering
- Loss of companionship
- Loss of household services
Contact an Omaha Wrongful Death Lawyer Today
You can’t put a price tag on someone’s life, but you can fight to see that the settlement you receive after the death of a loved one is fair. Unfortunately, an insurance adjuster’s job is to pay you as little as possible. The insurance company will likely try to settle out of court by offering your family an amount of money that is far less than what you deserve.
We will handle the calls and paperwork, and negotiate for a settlement that is just. If the insurance company for the at-fault party refuses to offer an adequate settlement, our attorneys will not hesitate to take them to court. Our job is to see to the well-being of you and your family. We are on your side, and we will fight with passion and purpose for the compensation you deserve.
We are here to make this process easier in any way we can. Our attorneys are happy to visit you outside of our Omaha, South Omaha, Lincoln, or Bellevue offices at your home, workplace, hospital, or nursing home. If your family has endured a loss of life due to someone else’s carelessness or negligence, contact us to arrange a no-cost consultation and assessment of your case.
We don’t charge anything unless you win. Call us at (402) 241-5020.
Frequently Asked Questions About Wrongful Death Claims
How Is Fault Proven in a Wrongful Death Case?
Proving fault in a wrongful death case requires demonstrating that another party’s negligence directly caused your loved one’s death. At Hauptman, O’Brien, Wolf & Lathrop, LLC, we build these cases carefully by gathering evidence, consulting experts, and reconstructing what happened.
This may involve accident reports, medical records, and witness testimony. We handle the legal burden so you do not have to; our goal is to present a clear, compelling case that shows exactly how the responsible party failed in their duty of care.
What If the Insurance Company Offers a Quick Settlement?
It is very common for insurance companies to offer a fast settlement after a wrongful death, but these offers are often far below what a family truly deserves. While it may seem helpful in the moment, accepting too quickly can limit your ability to recover full compensation later.
Our wrongful death lawyers review every offer carefully and advise you on whether it reflects the true value of your claim. We are here to protect your long-term financial security, not just resolve the case quickly.
Can a Wrongful Death Case Be Filed If There Was No Criminal Charge?
Yes, a wrongful death claim can still proceed even if no criminal charges were filed. Civil cases operate under a different legal standard, which focuses on negligence rather than criminal guilt.
At Hauptman, O’Brien, Wolf & Lathrop, we often handle cases where:
- The at-fault party was not arrested or prosecuted
- Criminal charges were dismissed or never filed
- The evidence did not meet the higher criminal standard
We focus on proving liability in a civil context, where the burden of proof is lower and centered on accountability.
How Is a Wrongful Death Settlement Distributed Among Family Members?
The distribution of a wrongful death settlement can depend on several factors, including family relationships and financial dependency. In Nebraska, the court may oversee how compensation is allocated to ensure fairness.
Our attorneys help guide families through this process and address considerations such as:
- The financial dependence of each surviving family member
- The relationship to the deceased
- Contributions the deceased made to the household
- Any estate planning documents that may exist
Our goal is to ensure the outcome reflects both legal requirements and your family’s needs.
What Happens If New Evidence Is Discovered After the Case Begins?
It is not unusual for additional evidence to surface after a wrongful death claim has already been filed. New witness statements, expert opinions, or documentation can strengthen your case significantly.
At Hauptman, O’Brien, Wolf & Lathrop, LLC, we remain proactive throughout the entire process; we continuously evaluate new information and adjust our strategy when necessary. This flexible approach allows us to pursue the strongest possible outcome while keeping you informed and confident every step of the way.
