Personal Injury Lawyers Omaha, NE

What To Do If My Child Was Killed In A Car Accident

Our attorneys help Nebraska families demand justice and accountability

Car accidents in Nebraska that result in the death of a child are devastating for everyone involved. For parents, even knowing what to do next can be confusing since the last thing most adults ever think about is their son or daughter being killed in a crash.

When this happens, it’s important for surviving family members to consider all their potential legal options carefully. That’s why our Omaha law firm wants to help your family. Our Omaha car accident attorneys at Ausman Law Firm P.C., L.L.O. have years of experience handling sensitive legal cases. As a result, we can deal directly with insurance companies and other lawyers on your behalf while you focus on grieving the loss of your son or daughter.

Can parents file a wrongful death lawsuit if their child died in a car accident in Nebraska?

The short answer? Yes. However, Nebraska has a unique legal system for wrongful death lawsuits.

Technically, only a representative of the deceased’s estate appointed by the court can file a wrongful death lawsuit. However, in many cases, the parent of a child killed in a car accident in Nebraska serves as the personal representative or special administrator in a wrongful death case.

And even if someone else serves as the representative appointed by the court, a surviving parent of a deceased child can still be part of this legal process. This is because the personal representative or special administrator in a wrongful death lawsuit can take legal action on behalf of more than one family member in Nebraska.

If all of this sounds confusing, that’s why our Omaha law firm wants to assist your family. We have an in-depth understanding of Nebraska’s legal system and want to help guide you through this traumatic event.

What legal options exist for parents after a fatal car crash?

Depending on the circumstances of your child’s fatal car accident, you might have several legal options available to you, including:

  • Accept a settlement offer from the car insurance company representing the at-fault driver.
  • File a lawsuit against the at-fault driver seeking damages, the legal term for financial compensation.
  • File a lawsuit against another at-fault party, which could include a product liability lawsuit against a child car seat manufacturer if a defective child car seat contributed to your child’s death. Other times, the at-fault party could be a restaurant, bar, or liquor store that sold alcohol to the driver if the driver was already intoxicated and then caused the car accident.

What is the average settlement for a child killed in a car accident?

What’s important to understand is that every fatal car accident claim is unique. Depending on the details of your case, your claim might be worth more or less than a similar fatal car accident. That’s why you should be skeptical if someone tells you exactly how much your case could be worth without knowing all the details about your child’s car accident.

What types of compensation are available for parents?

As a parent of a child who died in a car accident, you should be compensated for all your expenses and future anticipated expenses. Factors to consider include:

  • The nature and extent of the child’s pre-death injury.
  • The reasonable value of the medical, hospital, and nursing care and supplies reasonably needed by and actually provided to the child.
  • Lost wages.
  • The reasonable value of the child’s funeral, burial and/or cremation expenses.
  • The physical pain and mental suffering the child experienced before death.
  • The amount of money, and the monetary value of the services, comfort, and companionship, that the child would have contributed had the child lived.

Should parents accept a settlement offer for their child’s fatal car crash?

This is a difficult decision every parent should carefully consider. You may be tempted to accept such an offer if you receive a settlement offer from an insurance company (often the at-fault driver’s insurance company).

However, it’s also important to fully understand what it means if you decide to accept a settlement offer. In most cases, a settlement offer is a one-time payment meant to pay for all accident-related expenses, including future anticipated costs.

As a result, if you agree to accept a settlement offer, your legal case is finalized, and you cannot ask for any additional money in the future, even if your family suffers additional financial losses in the future as a result of your child’s fatal car accident.

Should I file a wrongful death lawsuit after my child’s fatal car accident?

Many times, parents choose to file a wrongful death lawsuit if their child died in a car accident in Nebraska. Some of the reasons why you might choose this option include:

  • The at-fault driver’s insurance company makes a lowball settlement offer.
  • The insurance company responsible for paying you acts in bad faith and refuses to negotiate a better settlement offer.
  • The at-fault driver’s insurance company denies your car accident claim.
  • You believe the best way to get the justice, accountability, and financial compensation your family deserves is by filing a wrongful death lawsuit seeking damages.

Our attorneys are here to help after the death of a child in a fatal crash

Losing a child is a heart wrenching and emotional experience under any circumstance, but when a child dies in a crash due to negligence, it only makes matters worse. This is why our attorneys want to meet with you to see how we can help you find your way forward.

Our dedicated legal team has an in-depth understanding of the laws that apply to car accidents and wrongful death cases in Nebraska. That’s why we have such a strong track record of obtaining the justice and financial compensation parents need and deserve after such a tragic loss.

Get the Nebraska law firm you can count on to fight your family. Contact us and schedule a free consultation to see how we can help.

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Ausman Law Firm

9850 Nicholas St., Suite 305
Omaha, NE 68114
Phone: (402) 933-8140
Fax: (402) 913-3471