Domina Law Group pc llo's Select Personal Injury & Wrongful Death Cases
Wrongful Death is a legal phrase identifying a claim created by statute, which did not exist at common law. In Nebraska, wrongful death actions arise under Neb Rev Stat §§ 30-809 et seq. In nearly every American state Wrongful Death claims are brought under a law known as “Lord Campbell’s Act”. This British-sounding name for Wrongful Death suits has its origin in an act of the British Parliament creating wrongful death claims for Great Britain.
Our Trial Lawyers have handled literally hundreds of wrongful death cases. We estimate the total number to exceed four hundred in Nebraska. Domina Law Group has been very successful at keeping its wrongful death litigation out of the appellate courts and resolving it at the trial court level.
Wrongful Death - Suicidal Youth Kills Self While in Care of Mental Health Hospital:
Domina law handles more wrongful death lawsuits than any other firm in the state of Nebraska. When a death is involved, the case and the facts are always tragic and devastating. Domina Law was involved in the case of a youth who had a history of depression and suicidal ideations. His family sought help multiple times and entrusted him to a mental health facility to watch over him and provide him with the mental health care he needed.
Domina Law initiated a lawsuit on behalf of the parents of the young man and against the mental health hospital. It was alleged the young man made a specific plan on how he intended to kill himself, while in the mental health facility, down to the exact mechanisms of how he was going to do it.
The lawsuit alleged that, despite being told of the plan and the intent, the facility and/or its workers or contractors failed to take reasonable precautions to prevent the suicide. Foreseeably, the young man did exactly what he said he was going to do and killed himself. The complaint alleged there were multiple failures of the institution that proximately caused the death. The institution denied any negligence. This matter was confidentially resolved.
Wrongful Death - Infant Killed in Preventable Motor Vehicle Accident:
In the early morning of a winter day in February 2017, Domina Law clients were traveling on a state highway through a rural county. While traveling at a reasonable speed, a deer entered the roadway striking our clients’ vehicle causing it to skid. Thankfully, there were no vehicles behind our clients’ car. Unfortunately, a vehicle was approaching in the opposite lane and failed to slow down and brake and/or avoid colliding directing into our clients’ car. Upon impact, which occurred at greater than 40 miles an hour into the driver’s side of the vehicle, the family’s two-year-old child was dislodged from her car seat and thrown out of the window. Tragically, the child later died after EMS was on the scene and made multiple attempts to revive her.
Domina Law represents the family for not only their personal injuries, but the conscious pain and suffering of their child and their child’s wrongful death in what we allege was a preventable accident. We believe that had the oncoming driver been paying attention as a reasonable driver has the duty to do and was not distracted immediately prior to colliding into our clients’ car.
This matter is ongoing against the main tortfeasor, although other aspects have settled favorably for the family in confidential settlements.
Wrongful Death - Husband and Wife Die after Being Trapped in Burning Car Following a Multiple Vehicle Collision:
Wrongful death cases arise from all types of factual scenarios. One of the most common are deaths following motor vehicle and 18-wheeler collisions. These types of accidents are all too common and are often the result of driver distraction or driving in dangerous conditions.
Domina Law Group and its lawyer, Brian Jorde, represented a family who lost their mother and stepfather in a terrible accident when their small SUV was t-boned by a semi traveling over 60 miles an hour southbound. Later the semi and SUV collided into another semi traveling northbound creating a giant fire that engulfed one of the semis and the SUV.
At the time of the accident, a Nebraska Department of Roads crew was changing a stop sign and had failed to put up a temporary stop sign and had a piece of equipment blocking one other stop sign at the intersection.
Domina Law filed suit against the surviving driver of the oncoming truck who struck our clients’ parents’ vehicle as well as the State of Nebraska for allegedly failing to follow procedure and protocol when changing traffic signs at an intersection on a state highway as well as allegedly failing to use the proper warning and traffic control devices to properly notify ongoing traffic of the work taking place. Multiple lawsuits by multiple parties were filed resulting from this tragic accident which also claimed the life of the northbound semi truck driver.
Domina Law took the lead in handling nearly 20 depositions of parties, witnesses, and experts. After several years, our clients reached settlement with the State of Nebraska.
Wrongful Death - Tragedy Strikes in the Early Morning On Interstate I-80:
Parents juggling multiple jobs and making sacrifices to take care of their children is nothing new and always admirable. This was the case for Domina Law clients who were driving to work in the early morning of a snowy day in 2018.
Our client’s 5-year-old child was appropriately restrained in a car seat in the back seat while the father was driving with the mother in the passenger seat. This was necessary because the family only had one car, and this was their daily routine. The father would begin his day at work, and the mother would return with their son and get him ready for school.
On this day, tragedy struck, and our clients encountered black ice. The vehicle began spinning. Multiple cars that were paying attention were able to safely enter into other lanes and avoid any contact with our clients’ vehicle at all. Unfortunately, an 18-wheeler was driving in the fast lane on eastbound I-80 through Omaha which was behind the other vehicles that took action to avoid a collision collided into the rear of our clients care at a high rate of speed. The force of the 80,000 lbs. semi against the small family sedan was devastating and the young 5-year-old child suffered traumatic injuries and was later pronounced death. The mother and father also suffered physical injuries as well as obvious devastating emotional and psychological injuries.
Domina Law was able to obtain multiple confidential settlements and is pursuing additional defendants for more recovery. When advising clients on a wrongful death, it is always an empty feeling to tell them they can only request money. While we all know money can never bring back a life or change a catastrophic injury or a life-changing event, it is the only method of compensation in our judicial system allows regardless of how empty and unsatisfying that answer is when it is given to grieving families.
Domina Law has decades of experience handling the most complicated wrongful death and catastrophic personal injuries cases. If you or anyone you know needs our assistance or has a case that is important to them, please contact us right away!
Wrongful Death - Families Outing to Watch the 2017 Eclipse Turns Deadly:
On August 21, 2017, millions of people around the United States took time out of their days and traveled hundreds of miles or more to a perfect place to view a very solar rare eclipse. One such family traveled to Iowa with their young daughter to watch the eclipse. While traveling to the location where they intended to watch the eclipse, they noticed a semi truck driver operating his 18-wheeler erratically and weaving in and out of traffic. Our clients were able to avoid contact with the 18-wheeler but thought to themselves that it was accident waiting to happen and the driver was going to kill somebody.
About ten minutes later traffic began to slow as people were exiting the interstate and otherwise getting ready to prepare for the eclipse. Out of the rear-view mirror of our clients’ family sedan, the father saw a semi bearing down on them. Before he could take any action, the semi collided into our clients’ car pushing it more than 300 feet into the median between the eastbound and westbound lanes of Interstate I-80 in Iowa.
Although initially unconscious, when the father came to, he realized his daughter had been ejected from her car seat and dramatically injured. She later died. The mother was significantly physically injured as well suffering traumatic brain injuries.
Domina Law got involved in the case and orchestrated a global mediation with multiple defendants and multiple parties as the semi truck driver had initially side-swiped another vehicle with six inhabitants prior to fatally colliding into our clients’ car. After extensive negotiations, a resolution was reached with two defendants in confidential settlements. Domina Law is continuing to pursue action against other defendants for this heartbreaking loss.
If you or anyone you know has been a victim of another’s careless driving or careless actions of any kind, or if you or someone you know has been tragically injured, please contact us so we may help you get the relief and compensation you or your loved one deserves!
Appellate opinions involving wrongful death claims handled by the law firm include:
- Rear End Collision - Driver Fatigue
- Head on Collision - Improper Turn
- Head on Collision - Improper Passing
- Collision. Log book Violations - Safety Training Violations
- Collision - Failure to Yield Right of Way
Rotating Shaft
- Strangulation
- Dismemberment
- Power Take Off
- Drive Shaft
- Missing Safety Shields
- Improper Safety Warnings
- Improper Design
Electrocution
- Overhead Transmission Lines
- Crane Contact with Power Lines
- Failure to DeEnergize
- Elevated Basket Operator Error
- Defective Seatbelt, Airbag
- Defective Tires
- Defective Tire Valve Stems (motor cycle)
- Defective Engineering Design
- Crossing Center Line
- Failure to Yield Right of Way
- Military, Government Vehicles
- Improper Passing
- Loss of Control
- Crossing Interstate Median
- Smoke, Dust, Fire
Farm Accidents Deaths
- Tractor Turnover
- Fires & Explosions
- Grain Bin Suffocation
- Elevator Explosion
- Product Liability, Rotating Shafts
- Product Liability, Machine Entanglement
Airplane Crash
- General Aviation, Pilot Error
- General Aviation, Product Liability
Fire
- Swine Building Explosion
- Methane Gas Explosion
- Electrocution; Electrical Shock
Domina Law Group has handled hundreds of Wrongful Death and Personal Injury lawsuits across the United States. Many of these cases have been successfully settled for our clients - often on the courthouse steps the morning of Trial.
Many cases must be tried, which is why you need lawyers on your side that actually go to Court and talk to juries. Contact our wrongful death & personal injury lawyers.