Personal Injury Attorneys In Omaha, Nebraska
In the United States, people and companies owe others a duty of care for the safety of others. When someone is negligent in upholding that duty and they cause injury to someone else, the victim may be able to pursue a personal injury claim against them.
In Nebraska, more than 17,000 people are injured in auto accidents every year, and more than 200 are killed. Additionally, more than 2,000 people are injured or killed in boating accidents. In most cases, these incidents are the result of someone else’s negligent or reckless behavior. The victims sustain physical injuries, incur medical expenses, lost wages, and are forced to endure substantial pain and suffering.
If you or someone you know has sustained damages such as these due to someone else’s negligent actions, you have the right to pursue a personal injury claim. Your first step is to know what constitutes a personal injury claim in Nebraska. Your next step is to talk to an experienced personal injury attorney.
For more than 30 years our firm, Salerno & Leavitt, has represented clients from Omaha, Nebraska and Council Bluffs, Iowa in personal injury claims. If you have been the victim of someone else’s negligence, we can help you seek fair compensation for your injuries by filing a claim against an insurance policy or filing a lawsuit against the individual in court.
How Do Personal Injury Claims Work In Nebraska?
Nebraska is considered a fault state for personal injury claims. This means that the person at fault for causing injuries to another is responsible for compensating them for their damages.
Nebraska’s Modified Comparative Fault Rule
Nebraska applies a modified comparative fault rule in personal injury jury awards. Fault is assigned in total or in majority to the defendant, however, some fault may be assigned to the injured party. If so, the recovery sum will be reduced by the injured party’s percentage of fault.
For example, if a jury awards you $100,000 in damages at trial but assigns 10% of the fault for the accident to you — then the $100,000 award would be reduced by 10% to account for your level of fault in the accident. This means that you would only be eligible to receive $90,000. It’s important to note that if your percentage of fault exceeds 50%, you will be prohibited from recovering any compensation at all.
Nebraska’s Statute Of Limitations
There is a four-year statute of limitations for personal injury claims in Nebraska. This means that the injured party must either settle a claim with the negligent party’s insurance company or file a civil lawsuit within four years from the date of the accident which caused the injuries. Be aware that the clock begins ticking from the date of the accident — not the date that you discovered your injuries or began receiving treatment.
3 Ways To Pursue A Personal Injury Claim
Generally speaking, there are three ways that you can pursue a personal injury claim:
File A Claim Against Your Own Insurance Policy
If you have medical payment benefits, you can access those benefits without a requirement to establish fault to help pay medical expenses while you settle your claim against a negligent party. If the at-fault driver had no insurance or not enough to fully compensate you for your damages, you can file a claim against your own uninsured (UM) and underinsured (UIM) motorist coverage. Nebraska law requires auto owners to carry at UM/UIM coverage of at least $25,000 per person and $50,000 per accident.
File A Claim Against The Other Party’s Insurance
You can also choose to file a claim against the bodily injury liability insurance coverage of any other negligent parties involved in the accident. This would include auto insurance, premises liability insurance, and umbrella policies.
File A Civil Lawsuit
Another option is to file a civil lawsuit against all negligent parties and their insurers. If the negligent party’s insurance company will not settle your claim, you can choose to file a lawsuit in the appropriate Nebraska civil court. The defendant’s insurer will defend its insured and hire attorneys to that end.
Damages The Injured Party May Recover
Injured parties may recover both economic and non-economic damages. Economic damages are those with a definitive price tag, including medical expenses, lost income, property damage, and reduced earning potential due to disability.
Non-economic damages are those that are typically more difficult to place a price on, including compensation for pain and suffering, emotional distress, loss of enjoyment of life, loss of companionship, and physical impairment and disfigurement.
Put An Experienced Attorney In Your Corner Today
The most critical component of any personal injury claim is proving negligence which, in turn, proves liability. In some cases, this evidence can be extremely difficult to document. Even in cases when liability is obvious, the insurer of the negligent party will work diligently to prove fault on the part of the injured party as well. After all, insurance companies make profits by denying compensation to those injured by their insureds.
Experienced personal injury attorneys know how to fully investigate the circumstances surrounding the accident that led to your injuries. Your attorney can build a case, quantify your damages, and aggressively pursue compensation on your behalf. If you’ve been injured in an accident, you need an experienced attorney who will not back down from insurance company lawyers. Someone who knows how to protect your rights and successfully present your case to a jury, should your case ever go to trial.
At Salerno & Leavitt, we are staunch advocates of our clients from the moment they ask us to represent them. We know how insurance companies work to devalue claims, and we aren’t afraid of going to court to seek the compensation you deserve. We have represented hundreds of clients from Omaha, Nebraska, and Council Bluffs, Iowa, and beyond. If you or someone you know is looking for legal help following an accident, call or reach out to our firm today to schedule a free case consultation.
Personal Injury Attorneys Serving Omaha, Nebraska
If you have been injured due to the negligent actions of someone else, call our office today to schedule a free consultation to discuss your potential claim. We are committed to helping personal injury victims and their families pursue the compensation they deserve. We won’t charge you a dime unless we are able to successfully win a settlement or award for your case, so don’t wait. Call or reach out to our office today for help!
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