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Mondelli v. Kendel Homes Corp.

With regard to the Mondellis' appeal, we conclude that the district court abused its discretion in excluding the testimony of Drs. Pour and King. This exclusion of evidence was prejudicial error. The district court did not abuse its discretion in refusing to allow joinder of the claims of the Mondelli family.

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Wrongful Death Frequently Asked Questions

FAQs

How does a Wrongful Death occur?

A Wrongful Death is a direct result of the willful act or negligence of another person. A Wrongful Death may be caused by another party’s careless act such as improperly operating a motor vehicle, providing professional care, or working at a job site. Defective products, suffering from manufacturing flaws, or design defects, can also lead to Wrongful Death. Essentially any death that is caused by another person is potentially a wrongful death action.

What Wrongful Death claim(s) do I have?

When death is instantaneous, the next of kin’s claim is the only one to survive. But, where fright, or mental anguish, or pain precede death and affect a conscious or semiconscious victim a Wrongful Death claim can be accompanied by a separate claim for conscious pain and suffering. This conscious pain and suffering claim, unlike the Wrongful Death claim, seeks damages for what the decedent experienced before death occurred.

Who can receive Compensation for a Wrongful Death?

Claims for Wrongful Death are designed to compensate the deceased person’s next of kin for the loss of the loved one’s care, love, affection, support, advice, and other services. The Wrongful Death case is brought for the next of kin, not the decedent. Family members financially connected to the decedent, such as dependents or beneficiaries, may be entitled to compensation. Domina Law Group pc llo understands no financial sum could ever replace a loved one, but our Trial Lawyers know how to help Clients regain the feeling of security and financial stability during a time of grief.

What are survivors entitled to in Wrongful Death cases?

Damages that family members can pursue if a loved one has suffered a Wrongful Death include:

  • Expenses incurred by the wrongful death of the deceased (funeral, medical, etc.)
  • Loss of future earnings anticipated over the lifetime of the deceased.
  • Benefits lost due to the victim's death (medical insurance, pension, 401K, etc.)
  • Survivors pain, suffering and mental anguish caused by the victim's wrongful death.
  • Companionship, care or protection lost to the survivors as a result of the wrongful death.
  • The financial value of the services the deceased would have provided for their child's education and maintenance
  • Punitive damages (damages awarded to punish the defendant)

When your Nebraska wrongful death suit goes to court, judges and juries will decide your amount of damages based on pecuniary injury. That means they will look at how much money the family lost in terms of support, services, lost prospect of inheritance, and medical or funeral costs. Damage awards will also include interest from the date the family member died.

How long do I have to file my Wrongful Death claim?

This depends on the state in which the Wrongful Death or Personal Injury occurred. Some states require Wrongful Death claims to be filed within two (2) years from the date of death; some states allow more time, some allow less. Some states allow Personal Injury claims to be filed up to four (4) years from the date the injury occurred, but again, this varies by state. If you are concerned the statute of limitations might be running out for your claim, contact one of our experienced trial lawyers.

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