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Pain and Suffering Victims who survive injuries caused by personal negligence often sue for the physical, mental, and emotional trauma they experience as a result of the accident or injury. Those who file wrongful death suits for their cases may receive financial awards for their pain and suffering on their behalf.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
A wrongful death action is brought on behalf of the widow or widower and next of kin for damages they have sustained as a result of the decedent's death. Such damages include the pecuniary value of the loss of the decedent's support, society, comfort, and companionship.
You can recover damages for anything the decedent would have contributed while they lived. You can also recover what you lost for intangibles like moral support (general damages) and tangibles financial losses like gifts or benefits you expected to receive, including medical bills.
360 (1914). A survival action is personal to the decedent for damages suffered by the decedent between the wrongful act and his or her death, and recovery for such damage belongs to the decedent's estate and is administered as an estate asset.
Blessin, 165 Neb. 282, 85 N.W. 2d 628 (1957). Action for wrongful death requires that it be brought by the personal representative of the deceased for the exclusive benefit of the widow or widower and next of kin.
Ultimately, your wrongful death claim must satisfy the following elements: The Defendant Owed Your Loved One a Duty of Care. ... The Defendant's Negligence Constitutes a Breach of That Duty. ... Your Loved One's Death Was Caused by the Defendant's Negligence. ... Your Family Suffered Damages as a Result of the Wrongful Death.
In addition, Nebraska law allows a victim of nonconsensual image sharing (?revenge ?) to sue the abuser in civil court for economic and noneconomic damages, including damages for emotional distress. If your damages are below a certain amount, you may be able to file on your own in small claims court.