Wrongful Death | Omaha, NE is an injury lawsuit filed against a resident of Omaha, Nebraska who died as a result of wrongful death. The causes of death may include work-related injuries, road accidents and malpractice on the behalf of the deceased. Lack of knowledge or negligence on the behalf of the deceased can also result in a wide variety of other charges, such as negligence in medical treatment, wrongful death and so on. The individual filing the suit must prove that he or she suffered wrongful death and that it was caused by the conduct of another party.
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The plaintiff must be able to point to proof that the defendant had a duty of care towards the deceased, failed to act reasonably in light of the duty, failed to exercise reasonable diligence, and/or exercised negligence in the performance of his or her duties. The evidence needed to prove these elements lies within the record of the case. The process for proving the case is much like a court proceeding. Evidence can be presented by either the plaintiffs’ attorney or by the defendant to rebut any points made by the plaintiffs’ attorney and to strengthen the plaintiff’s case. If the plaintiff can prove that the defendant was negligent in one or more of the elements of the wrongful death case, then the court will grant the plaintiff a judgment in his or her favor.
In many instances, it is not in the best interest of either the plaintiff or the defendant to settle out of court. The courts deal with these cases quite often and do not take kindly to lengthy litigation. Settlements outside of court are much more common because the cost of prolonged litigation can be overwhelming. It is also usually more difficult to prove that the other person was negligent, especially in the case of medical neglect because often a hospital or health care facility was involved. If you have been harmed due to the negligence or wrongdoing of another person, you may be able to file a wrongful death lawsuit against the individual or institution responsible.
