Personal Injury Claim Process in Nebraska
Jan. 27, 2023
There’s nothing easy about recovering from an unforeseen accident, and dealing with the costs associated with property damage and injuries can be incredibly stressful and expensive. Because many of these accidents aren’t our fault, it can often be necessary to work with a personal injury attorney to pursue compensation. However, to do this, you should have a basic familiarity with the personal injury claim process in Nebraska to better understand what you can expect.
If you’d like to learn more about this process and are in the Omaha, Nebraska, area, call us at Abrahamson Law Office. We’re able to represent clients in Sarpy County, Douglas County, Washington County, Saunders County (Wahoo), Otoe County (Nebraska City), and Dodge County (Fremont).
Personal Injury Claims in Nebraska
Each state sets its own laws regarding personal injury claims, and Nebraska is both an “at-fault state” and one that follows a “modified comparative negligence” model. Being an at-fault state means that after an accident happens, the party responsible for the accident occurring is also the one required to pay any damages associated with the crash. For example, if you were rear-ended by another driver, you would file a claim against their insurance policy, not your own.
Under the state’s comparative fault law, multiple parties can be found liable for an accident. For instance, if one driver was found to be 80% responsible for a crash and the other driver 20%, the first driver would be responsible for paying damages, but only 80% of the final settlement amount. However, if you’re the one seeking a personal injury settlement offer, you can only do so if you hold less than 51% of liability.
Before you can file a lawsuit against an individual, you must first file a claim with the other person’s insurance. You’ll also need to report the accident to the police if the crash results in an injury or damages of over $10,000. Most people who are serious about seeking a fair settlement will then want to hire an attorney who can help them through this process. First, they can help negotiate on your behalf with the insurance company, but if this results in an inadequate payout, they can then help you file a claim.
Central to a successful lawsuit is ample evidence that clearly shows liability because this will help in proving negligence in an accident. Your attorney will attempt to settle out of court to save on expenses and reduce the time it takes, but if it does go before a judge, they’ll represent your interests in court and defend your rights. Finally, they’ll review the final settlement offer to ensure it meets all your needs and covers all related expenses.
Statute of Limitations in Nebraska
The statute of limitations to file a personal injury claim in Nebraska is four years from the date of injury, which is considerably longer than the national average of two years. However, if you wait too long and file after this deadline has passed, a judge will almost certainly throw out your case.
Of course, every accident is different so the possible compensation for a personal injury claim will also vary. In general, you can ask for any damages that are directly related to the accident like medical expenses, property damage, and lost wages as well as non-economic damages like pain and suffering.
Personal Injury Attorneys in Omaha, Nebraska
If you’ve recently been injured in an accident that wasn’t your fault, you may be able to bring a personal injury lawsuit against the guilty party. To learn more about this or for help filing a claim, reach out to our firm, Abrahamson Law Office, located in Omaha, Nebraska.