Wrongful death in Omaha NE occurs when someone dies because of the negligence, recklessness or inaction of another person. In most cases, this is a criminal case and the person who caused the death is liable to pay compensation to the victim’s family. In some circumstances, the state will establish a “wrongful death statute” that requires that the defendant be punished for the death. In most states, this means that the jury must determine beyond a reasonable doubt that the defendant was aware of the hazard he/she created and did nothing to prevent it. If the jury comes to a conclusion that the defendant in fact knew of the danger, then that person is liable for the wrongful death.
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The causes of death can include road accidents, work-related accidents and medical malpractice. Negligence or lack of knowledge on the part of the defendant can result in a range of different charges, including negligence in treatment, wrongful death, etc. In general, the person who is most likely to receive damages for his/her wrongful death will be the surviving spouse, children or dependents. The courts have the discretion to impose a number of different monetary damages, which are meant to assist the surviving members of a family in covering costs and funeral expenses. The maximum monetary damages that can be awarded are usually limited by the court.
In the state of Nebraska, the surviving spouse, children or dependent children of the deceased have the strongest interest in recovering damages for the death. However, in the state of Arizona, whether the wrongful death occurred in the state or out of it depends upon the circumstances of the case. This means that in some circumstances the state may award damages even outside the statute of limitations. The surviving spouse, children or dependent children of the deceased do not have an interest in recovering damages for the death, unless they can show that their father/mother died in a wrongful death case.