Nebraska’s location in the middle of the United States mean that that the state is a common location visited by people passing through as well as traveling to the Cornhusker State. Whether a person is working here, living here, or just visiting, accidents can happen in a variety of settings and victims can suffer devastating injuries.
When another party is responsible for causing a person’s injuries, the victim can be entitled to compensation under Nebraska state law. Need an Injury Lawyer Nebraska represents clients who have suffered serious injuries as well as the families of those killed in accidents caused by another party’s negligence.
Nebraska Personal Injury Attorneys
Our personal injury lawyers help residents of and visitors to Omaha, Gretna, Lincoln, Holdrege, Bellevue, Wayne, Grand Island, Chadron, Kearney, Schuyler, Fremont, Plattsmouth, Hastings, Sidney, Norfolk, Crete, North Platte, Seward, Columbus, Ralston, Papillion, Nebraska City, La Vista, McCook, Scottsbluff, York, South Sioux City, Blair, Beatrice, Gering, Lexington, Alliance, and many other surrounding areas of Nebraska. Our firm will conduct an exhaustive independent investigation into your accident and work to make sure all negligent parties are held accountable.
Whether a person is injured in some kind of motor vehicle collision, a slip and fall accident, or a workplace accident, the costs of caring for the resulting injuries can often be quite significant. In addition to facing these overwhelming medical expenses, victims also struggle to pay their other regular monthly bills because of an inability to return to work. Many victims are completely unable to return to their former states of being.
Insurance companies are well aware of the incredible financial stress that victims face following most accidents, which they frequently use to strongarm victims into accepting settlements that are usually far less than what they were actually entitled to. Any person who has been injured in any kind of accident caused by another party’s negligence should avoid speaking to an insurance company until he or she has legal representation.
Do not let concerns about money prevent you from hiring a personal injury attorney. Need an Injury Lawyer Nebraska represents clients on a contingency fee basis, which means that you will pay nothing unless you receive a monetary award.
Nebraska Personal Injury Laws
Nebraska Revised Statute § 25-207 establishes that a person generally has four years to file a personal injury claim. This statute of limitations (time limit) can be different for certain types of cases, however. For example, a medical malpractice claim is subject to a two-year statute of limitations.
Contributory negligence is a defense that a negligent party may claim under Nebraska Revised Statute § 25-21,185.09. Nebraska uses what is referred to as a modified comparative fault system for determining negligence, which means that a victim’s own negligence will proportionately reduce any award he or she actually receives.
In other words, a victim who is found to be 10 percent at fault for an accident and is awarded $100,000 would see his or her award reduced by $10,000 and would ultimately receive $90,000. If a victim is more than 50 percent at fault, then he or she is prohibited from any recovery.
The defense of contributory negligence is also why a victim should avoid speaking to any insurance company, as even seemingly harmless recollections about accidents may contain damaging admissions that are used against victims later on.
In virtually all personal injury actions, a plaintiff will need to prove all four of the following elements by a preponderance of the evidence:
- Duty of Care — The defendant had a legal or moral duty of care to conduct him, her, or itself in a reasonable manner;
- Breach — The defendant breached that duty of care;
- Causation — The defendant’s breach directly caused the plaintiff’s injuries; and
- Damages — The plaintiff suffered physical or financial harm as the result of these injuries.
Common Types of Personal Injury Cases in Nebraska
Accidents can occur in any number of facets of daily life. Need an Injury Lawyer Nebraska assists victims of all sorts of accidents in the Silver State, including:
- Car accidents
- Driving under the influence (DUI) accidents
- Motorcycle accidents
- Commercial vehicle accidents
- Uber accidents
- Bicycle accidents
- Pedestrian accidents
- Bus accidents
- Wrongful death
Nebraska Limits on Personal Injury Damages
When a plaintiff receive a jury award in a personal injury case, it is typically referred to as compensatory damages. Compensatory damages typically come in two forms: Economic and noneconomic damages.
Economic damages include awards for such claims as medical treatment, loss of earnings, and loss of earning capacity. Losses that are calculable are generally considered economic damages, and Nebraska does not place any limit on the economic damages that may be awarded.
Noneconomic damages, on the other hand, are far more subjective and are subject to certain limitations. Noneconomic damages frequently include pain and suffering, physical impairment, and disfigurement.
While some states allow certain plaintiffs to recover punitive (or exemplary) damages when a defendant’s conduct is particularly egregious, Nebraska does not allow for this form of compensation. Article VII-5 of the Nebraska State Constitution makes punitive damages unconstitutional.
Personal Injury Attorney for Victims Throughout Nebraska
If you suffered severe injuries or your loved one was killed because of the negligence of another party in Nebraska, you will want to immediately retain legal counsel. Need an Injury Lawyer Nebraska serves communities throughout Douglas County, Washington County, Lancaster County, Saunders County, Sarpy County, Dakota County, Hall County, Gage County, Buffalo County, Dawson County, Scotts Bluff County, Cass County, Dodge County, Adams County, Lincoln County, Platte County, and Madison County.
Our firm is available 24/7 to answer your phone call and schedule a free consultation that will let our Nebraska personal injury lawyers review your case and help you understand all of your legal options. We are committed to negotiating with insurance companies for a full and fair settlement that provides for all of your past, present, and future needs, and we are willing to file a lawsuit against an insurer when it is unwilling to provide adequate compensation.