Wrongful Death

Compensation And Closure For Families Of Fatal Accident Victims

Atwood, Holsten, Brown, Deaver & Spier, P.C., L.L.O., has extensive experience in wrongful death cases, involving both children and adults. We guarantee that our compassion and advocacy will be unmatched during these most challenging times. Indeed, for our clients who have lost a loved one, our goal is to allow each individual client to take the time to grieve and spend time where it needs to be spent while we focus on the client's financial future going forward without that loved one. If you have lost a loved one due to someone else's negligence, you are entitled to recover:

Wrongful Death Damages Due To Negligence Of Another

  • Burial expenses
  • Medical bills sustained before the loved one's death
  • Lost earnings and financial support the loved one would have contributed to the family over the years had he or she lived
  • Loss of services, comfort, society and companionship that the loved one would have contributed to the family had he or she lived
  • Pain and suffering the loved one experienced before his or her death

In addition, if the death occurred while the loved one was working, the Nebraska Workers' Compensation Act allows a separate recovery for spouses and dependents of the lost loved one, including:

Wrongful Death Damages From Work Accident

  • Burial expenses
  • Medical bills sustained before the loved one's death
  • Wage replacement benefits for the life of the widow, or until he or she remarries
  • Wage replacement benefits for minor children and other dependents, even while those children are attending college

If the death occurred while the loved one was working and was the result of someone else's negligence unassociated with the employer, two separate recoveries are available and it is important to have a lawyer involved early so that the workers' compensation carrier does not overreach in trying to share in any recovery against negligent parties.

A common misconception is that the family can recover for their own mental distress and anguish from the loss of a loved one. This element of damages is not recoverable, but the family's distress and mental anguish can be powerfully framed as a different category of damages before a jury or in settlement negotiations.

Call Or Email Us Now If:

  • If it were our own family members, we would advise calling us just as soon as possible after the wrongful death of a loved one as critical evidence involving the accident will go stale and may be difficult to replicate as time passes. We may need to advance payment out of our law firm's pocket right away for an expert to investigate the accident quickly and talk to witnesses before memories fade. Or we may need to request the other side to preserve certain evidence in the case.
  • The accident occurred while the loved one was working. There may be a recovery in workers' compensation as well as a separate recovery against negligent parties. These are separate claims, but it is important to have a lawyer involved so that the workers' compensation carrier does not overreach in trying to share in any recovery against negligent parties.
  • You feel overwhelmed due to grief, or the sheer volume of paperwork and bills piling up.
  • The insurance adjuster wants to take a recorded statement from you.
  • You wonder, "Do I need to set up an estate? And if so, how?"
  • "How does this all work?" or something similar is the phrase that enters your mind.
  • The insurance carriers flag certain claims and wrongful death claims that typically increase the need to get a lawyer involved to combat the insurance carrier's tactics.
  • The adjuster wants a full release to go back and get any of your loved one's medical records or medical history to fish for reasons to deny the claim.
  • You are worried about how settlement may affect other governmental benefits your family may receive.
  • You are not sure how to calculate what your loved one's future earnings would have been. We have experts in the field whose job is to make these determinations.

Contact Our Lincoln Wrongful Death Attorneys

Contact us at 402-817-2717 or toll free at 800-655-9606. The consultation is free and without obligation.