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Nebraska Local Accident Resources

Was Someone You Love Killed in a Nebraska Car Accident Today?

Our compassionate team at Local Accident Reports understands the impossible situation you are facing. We’re here to support you every step of the way. Contact us today to learn how we can help.

Losing a loved one unexpectedly is very difficult. It only makes it even harder when that death was entirely preventable and due to the negligence of a driver. You are likely feeling overwhelmed with shock, grief, and worry. You may be facing financial strain and uncertainty, particularly if the person who passed away was someone your family relied on for income. 

When an individual loses their life due to someone else’s negligence, specific surviving family members may have the right to seek compensation through a wrongful death claim. However, we know that after you’ve experienced the loss of a loved one, the thought of legal action might feel overwhelming right now. 

We can help connect you with the resources you need right now. Whether you need to apply for immediate financial assistance, seek mental health treatment or counseling, or want to speak to an attorney about filing a wrongful death claim, we’re here to help. Contact our team at Local Accident Reports today to discuss your situation with one of our caring professionals. 

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If You Have Lost Income due to a Wrongful Death

If an accident has resulted in the death of your family’s primary income provider, various resources are available to help you secure financial support and assistance:

  • Social Security Administration (SSA): Families may qualify for monthly survivor benefits if the deceased contributed to Social Security. Spouses, children, and dependent parents may be eligible.
  • Workers’ Compensation: If the death happened while the person was working, Nebraska workers’ compensation may benefit dependents. This could cover a portion of the deceased’s income, funeral expenses, and other death-related costs.
  • Temporary Assistance for Needy Families (TANF): This program provides cash assistance to families with children, helping with essentials like food, housing, and utilities.
  • Supplemental Nutrition Assistance Program (SNAP): SNAP offers food assistance to low-income families. With the loss of a primary earner, families may now qualify.
  • Medicaid and Nebraska CHIP: These programs can help provide health insurance for surviving children or spouses who may now be eligible based on the change in income.

Assistance with Obtaining Your Police Report

Obtaining a copy of the police report after a fatal accident is crucial for legal and insurance-related matters. This report is often a key document in wrongful death and personal injury cases, as it provides detailed information about the incident, including witness statements, officer observations, and sometimes even initial determinations of fault.

In most states, including Nebraska, you can request a copy of the police report through several methods: online, in person, or via mail. Each technique typically involves a small fee, often around $13, but can vary depending on the agency handling the report. Online requests are the quickest option, allowing you to receive an electronic copy within a few business days. Alternatively, you can visit the police department to request a copy, which may be faster if the report is already processed and available. If you request it by mail, include the case number and other relevant details to avoid delays.

We can also help you get a free copy of your police report. 

Emotional Counseling and Therapy Options

The repercussions of a fatal accident can extend long after the accident, often leaving emotional and psychological scars. If you find yourself needing counseling or therapy to deal with the aftermath of a catastrophic vehicle accident, consider exploring these resources:

  • Nebraska Psychological Association: This organization can help you find psychologists statewide specializing in trauma recovery following vehicle accidents.
  • Nebraska Therapists and Counselors: A comprehensive directory that allows you to filter therapists and counselors based on their specialties, availability, and experience.
  • Brain Injury Alliance of Nebraska: This organization provides emotional support and educational resources for individuals dealing with traumatic brain injuries and their families.

Financial Support for Criminal Activity-Related Incidents

If your situation involves additional expenses due to legal fees or medical costs arising from criminal activity, explore the following resources for assistance:

  • Crime Victims Reparations: This state-sponsored program offers resources for victims whose injuries stem from criminal acts. You can fill out an official claim form and review relevant rules and regulations online.
  • Victim Assistance Program: Operated by the Nebraska Attorney General’s Office, this program provides vital support for those impacted by criminally caused accidents.

Nebraska Wrongful Death FAQs

Wrongful death cases can be complex and emotionally charged, leaving surviving family members with many questions about their rights and options. This FAQ section provides detailed answers to common questions regarding wrongful death claims in Nebraska, aiming to clarify the legal process and help grieving families navigate their circumstances.

 
What is Wrongful Death in Nebraska?
In Nebraska, wrongful death occurs when an individual dies due to the negligence or intentional actions of another party. This can include fatal accidents caused by car crashes, medical malpractice, workplace accidents, or criminal acts. The legal framework allows the deceased person’s estate or certain family members to seek compensation for the losses from the untimely death.
In Nebraska, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. This representative may be named in the deceased’s will or appointed by the court if no will exists. Surviving family members, such as spouses, children, parents, or siblings, may also benefit from the lawsuit, but they cannot file it themselves unless they are the personal representative.

The statute of limitations for filing a wrongful death claim in Nebraska is generally two years from the date of the deceased person’s death. It is crucial to file the lawsuit within this timeframe, as failing to do so can result in the loss of the right to seek compensation. Specific circumstances, such as the discovery of new evidence or the involvement of government entities, may affect this timeline.

Damages in a Nebraska wrongful death lawsuit can cover a variety of losses, including:

  • Economic damages: This includes lost income and benefits that the deceased would have earned had they lived, funeral and burial expenses, and any medical expenses incurred before death.
  • Non-economic damages: These can include compensation for the emotional suffering and loss of companionship experienced by surviving family members.
  • Punitive damages: In cases of gross negligence or intentional wrongdoing, punitive damages may be awarded to punish the wrongdoer and deter similar conduct.

To prove a wrongful death claim in Nebraska, the plaintiff must establish four key elements:

  • Duty of Care: Show that the defendant had a legal obligation to act reasonably to avoid harming others.
  • Breach of Duty: Demonstrate that the defendant breached this duty through negligent or wrongful actions.
  • Causation: Establish a direct link between the defendant’s actions and the death of the deceased. This means showing that the death would not have occurred but for the defendant’s negligence.
  • Damages: Prove that the surviving family members suffered damages as a result of the death, such as financial losses or emotional distress.

The timeline for resolving a wrongful death lawsuit in Nebraska can vary significantly based on several factors, including the complexity of the case, the willingness of parties to negotiate a settlement, and the court’s schedule. Some cases may settle within a few months, while others can take years, especially if they go to trial.

If you suspect that a loved one’s death was the result of someone else’s negligence or wrongful actions, you should take the following steps:

  • Seek Legal Counsel: Contact an experienced wrongful death attorney in Nebraska to discuss your situation and explore your legal options.
  • Gather Evidence: Collect any relevant documentation, including medical records, accident reports, and witness statements that may support your claim.
  • Avoid Discussing the Case: Refrain from discussing the case with others, including insurance representatives or the defendant, until you have legal representation.

Most wrongful death attorneys in Nebraska work on a contingency fee basis, meaning they only get paid if you win your case. Typically, the attorney’s fee ranges from 25% to 40% of the total recovery. This arrangement allows families to pursue justice without the financial burden of upfront legal fees. However, it’s essential to discuss the fee structure with your attorney during the initial consultation to understand the costs involved.

Yes, Nebraska follows a modified comparative negligence rule, which means that if the deceased was partially at fault for their own death, the amount of compensation awarded may be reduced in proportion to the degree of fault. However, if the deceased was found to be 51% or more at fault, they would be barred from recovering any damages. 

If the individual responsible for the wrongful death faces criminal charges, it does not affect your ability to file a civil wrongful death lawsuit. The outcomes of criminal cases (such as conviction or acquittal) do not determine the results of civil claims. Families may pursue a wrongful death claim regardless of the criminal proceedings, as the burden of proof is lower in civil cases.

 

Yes, you can still file a wrongful death claim even if the deceased did not have a will. In Nebraska, the personal representative of the deceased’s estate can be appointed by the court if no will exists. This representative has the authority to pursue a wrongful death claim on behalf of the deceased’s surviving family members. It’s essential to consult with an attorney to navigate the probate process and ensure that the claim is filed correctly.

Compensation in a wrongful death case is determined based on various factors, including:

  • Economic Losses: This includes lost wages, medical expenses incurred before death, and funeral costs. Calculating future lost income may involve considering the deceased’s age, career, and earning potential.
  • Non-Economic Losses: These damages address the emotional and psychological impact on surviving family members, including loss of companionship, guidance, and support.
  • Severity of the Defendant’s Negligence: If the defendant’s actions were particularly reckless or malicious, punitive damages may be awarded to deter similar conduct in the future.

The overall compensation will depend on the specifics of the case, making it crucial to gather evidence and document all relevant losses.

Even if the deceased was not the primary breadwinner, surviving family members may still recover damages in a wrongful death claim. Nebraska law recognizes the emotional and practical contributions of all family members, including stay-at-home parents or those who provide care and support. Non-economic damages, such as loss of companionship and emotional distress, are also significant factors in these cases.

 
Yes, many wrongful death claims are settled out of court through negotiations between the parties involved. A settlement can be beneficial, as it often resolves the case more quickly and with less expense than a trial. However, it is essential to consult with an attorney before accepting any settlement offers, as they can help assess whether the offer fairly compensates you for your losses.

Expert witnesses can play a crucial role in wrongful death cases by providing specialized knowledge and opinions that help establish liability and damages. These witnesses may include:

  • Medical Experts: To provide insight into the cause of death and the medical expenses incurred.
  • Economists: To calculate the economic impact of the deceased’s loss on the family, including future earning potential.
  • Accident Reconstruction Specialists: To analyze the circumstances surrounding an accident and provide evidence of negligence.

The testimony from expert witnesses can significantly strengthen a wrongful death claim by providing credible, professional insights.

If the responsible party is uninsured or underinsured, it may complicate the pursuit of a wrongful death claim. However, several options may still be available, including:

  • Filing a Claim with Your Insurance: If you have an umbrella policy or underinsured motorist coverage, you may be able to file a claim through your own insurance.
  • Seeking Compensation from Other Parties: In some cases, multiple parties may be liable for the wrongful death, allowing you to pursue claims against other responsible individuals or entities.
  • Personal Assets Recovery: If the responsible party has assets, you may pursue recovery through a judgment in civil court.

It is not always necessary to go to court for a wrongful death claim. Many claims are resolved through settlements, which can occur at various stages of the legal process. However, if a fair settlement cannot be reached, you may need to pursue the case in court. Your attorney will help guide you through this process and determine the best course of action based on your unique circumstances.

Yes, it is possible to file a wrongful death claim against a government entity in Nebraska, but specific rules apply. Generally, claims against government entities are subject to the Nebraska State Tort Claims Act, which establishes procedures and limits on recovery. These claims often require a notice of claim to be filed within a shorter timeframe than regular wrongful death claims, typically within one year. It’s crucial to consult with an attorney experienced in handling cases against government entities to navigate these complexities effectively.

Navigating the complexities of a wrongful death claim in Nebraska can be overwhelming for grieving families. By understanding the legal framework and accessing relevant information, you can make informed decisions during this challenging time. You are not alone in this journey, and help is available to ensure that you receive the compensation you deserve for your loss.

Nebraska Traffic Accident Statistics

Car accidents are a significant concern across the United States, including Nebraska, impacting individuals, families, and communities. Understanding car accident statistics can help raise awareness, promote safety measures, and inform policy decisions. This article presents a comprehensive overview of car accident statistics in Nebraska, focusing on recent data, contributing factors, and trends over the years.

General Statistics

According to the Nebraska Department of Transportation, the state has experienced fluctuations in traffic accident rates over the past decade. In recent years, the following key statistics highlight the impact of car accidents:

  • Total Crashes: In 2022, Nebraska recorded approximately 23,800 motor vehicle crashes, a slight increase from the previous year. The number of crashes can vary annually based on numerous factors, including weather conditions, road safety measures, and driver behavior.
  • Injuries: Nearly 7,500 of the total crashes resulted in injuries. This statistic underscores the state’s significant risk of injury associated with motor vehicle accidents.
  • Fatalities: Nebraska saw around 239 traffic-related fatalities in 2022. While this number is lower than in some states, it still represents a serious public safety concern.

Contributing Factors

Several factors contribute to the occurrence and severity of car accidents in Nebraska. The NDOT and other organizations have identified common causes that can lead to traffic incidents:

  • Distracted Driving: One of the leading causes of car accidents is distracted driving, which includes behaviors such as texting, talking on the phone, and adjusting the radio while driving. In Nebraska, distracted driving accounted for approximately 14% of all crashes in 2022.
  • Speeding: Speeding is another significant factor in car accidents. In 2022, nearly 20% of all crashes involved a driver exceeding the speed limit. Speeding increases both the likelihood of a crash and the severity of injuries sustained.
  • Driving Under the Influence: Driving under the influence of alcohol or drugs remains a serious issue. In 2022, around 7% of all accidents were attributed to DUI, with a significant number of fatalities resulting from these incidents.
  • Weather Conditions: Weather-related factors, such as rain, snow, or ice, contribute to accidents, especially in Nebraska’s unpredictable climate. In 2022, approximately 15% of crashes occurred in adverse weather conditions.

Trends Over Time

Analyzing trends over the years can help identify progress and ongoing challenges in reducing car accidents in Nebraska:

  • Declining Fatalities: Over the past decade, Nebraska has seen a gradual decline in traffic fatalities, which can be attributed to increased public awareness campaigns, law enforcement efforts, and improvements in vehicle safety technology.
  • Increased Seat Belt Use: The usage of seat belts has risen steadily, contributing to lower injury rates. In 2022, seat belt use in Nebraska was reported at 84%, a positive trend that reflects ongoing educational efforts to promote seat belt safety.
  • Improvements in Road Safety: Enhanced infrastructure, such as better signage, road design, and traffic signals, has contributed to safer driving conditions. The NDOT continues to invest in road maintenance and upgrades to improve safety for all road users.

Safety Initiatives

In response to the ongoing issue of car accidents, Nebraska has implemented various safety initiatives to reduce the number of crashes and improve road safety:

Education Campaigns: The NDOT, along with various organizations, runs educational campaigns aimed at raising awareness about the dangers of distracted driving, speeding, and DUI.
Law Enforcement Efforts: Increased law enforcement presence during high-risk periods, such as holidays and weekends, has been effective in deterring reckless driving behaviors.
Traffic Safety Grants: Nebraska provides grants to local law enforcement agencies to support traffic safety programs, including checkpoints for DUI prevention and education efforts.
Community Engagement: Local organizations and community groups engage in activities aimed at promoting safe driving practices, including workshops and safety fairs.
Car accidents remain a significant public safety concern in Nebraska, impacting thousands of individuals and families yearly. While the state has made progress in reducing fatalities and improving road safety, ongoing efforts are essential to address the various factors contributing to accidents. By understanding the statistics surrounding car accidents, promoting safe driving behaviors, and supporting educational initiatives, Nebraska can continue to make strides toward safer roads for all its residents.

As a community, it is essential to prioritize road safety, engage in responsible driving practices, and support initiatives to reduce accidents and their devastating consequences. Together, we can work toward a future where every driver and passenger can travel safely on Nebraska’s roads.

Nebraska Grief & Trauma Resources

Resources by State

Local Accident Reports Can Help

Navigating the aftermath of a wrongful death is an incredibly challenging experience, and no family should have to face it alone. Understanding your rights and the legal options available is crucial in seeking justice for your loved one. 

Our dedicated team at Local Accident Reports is here to support you through every step of this difficult journey. We understand the emotional and financial toll that a wrongful death can impose on families.

If you believe someone else’s negligence caused your loved one’s death, don’t hesitate to reach out for help. Contact our team at Local Accident Reports today at (888) 657-1460. Let us help you seek justice and hold the responsible parties accountable. You don’t have to face this alone; let us fight for you.

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Motor Vehicle Crash Deaths by Road User Type and State

Car Occupants

Car Occupants

85

Pickup and SUV Occupants

Pickup and SUV Occupants

79

Large Truck Occupants

Large Truck Occupants

4

Motorcyclists

Motorcyclists

27

Pedestrians

Pedestrians

20

Bicyclists

Bicyclists

3

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