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Nebraska Personal Injury
If you have experienced a personal injury due to an accident that occurred in Nebraska that was caused by another person, then you might be entitled to receive compensation. That compensation is intended to reimburse you for past and future medical bills, past and future lost wages, and pain and suffering damages.
Types of Personal Injury Cases in Nebraska
Personal injury, as a legal term, depicts the mental, physical, and emotional harm or damage to a person caused by another's negligence. Personal injuries may be relatively minor on an overall scale of degree, such as a contusion, sprain, or strain, or they may be extreme at the opposite end of the spectrum, such as permanent paralysis, permanent disability, or gross disfigurement. Further, personal injuries can be as tragic as death. As a body of law, personal injury does not afford recovery for personal or real property destruction, such as to cars or homes.
Personal injuries can happen in a variety of manners. Triggers for many injuries fall into one of the categories listed below:
- auto accidents
- trucking accidents
- pedestrian accidents
- motorcycle accidents
- bicycle accidents
- catastrophic injuries
- brain injuries
- ATV accidents
- construction site accidents
- automotive or agricultural products liability
- DWI accidents
- boating accidents
- jet ski accidents
Of course, these are just some examples among many potential causal factors.
How Is Fault Determined in Nebraska Personal Injury Cases?
To collect compensation in a personal injury case in Nebraska, a litigant must show the defendant party was negligent. As a legal principle, negligence is established by proving these prongs:
- Duty. The party who caused harm or injury (defendant) had a legal duty or responsibility not to cause harm or injury to the plaintiff.
- Breach. The defendant failed to meet this legal duty or responsibility to plaintiff.
- Causation. There is a causal connection or nexus between the defendant's conduct and the plaintiff's harm or injury.
- Damages. The plaintiff suffered damages, financial harm, or other loss(es) because of the accident or injury that occurred.
Nebraska Has Adopted the Modified Comparative Fault Rule in Negligence
Like 11 other states, Nebraska has adopted the modified comparative fault rule called the 50 percent bar for negligence purposes. Under this rule, an injured person may not recover if he or she is 50 percent or more at fault for his or her injuries. An injured person can recover, however, if he or she is 49 percent or less at fault for his or her injuries. Nebraska judges and/or juries will probably reduce a prevailing litigant's recovery by the proportional degree of fault.
Whether you live in Omaha, Lincoln, Kearney, Fremont, Bellevue, Grand Island, or elsewhere in Nebraska, a personal injury attorney can assist in the evaluation, assessment, and determination of your legal remedies, alternatives, and potential recovery sources for a personal injury claim. Time may be of the essence, however, in prosecution of any legal claim. In most cases, initial consultations are provided free of charge to prospective clients.
Find a local Nebraska personal injury attorney today
A Nebraska personal injury lawyer can help evaluate your situation and explain your legal options. If the Nebraska personal injury attorney thinks you have a viable case, your lawyer will gather evidence related to your accident and accident-related expenses. Call now to speak with an attorney at 877-913-7222.