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Suffering injuries in an auto accident can turn your life upside-down in an instant. However, the word “accident” can be misleading. While some accidents occur purely due to chance, many incidents that cause injuries happen because of another party’s negligent or wrongful behavior. In such cases, Nebraska law gives the injured individual the right to hold the at-fault party accountable with a personal injury claim or lawsuit.
If you have suffered injuries due to another party’s actions, here is what you need to know about personal injury claims in Nebraska.
What Is Personal Injury?
“Personal injury” is a term referring to any harm an individual suffers due to the negligent or deliberate actions of another party. This can include injuries sustained in accidents, medical malpractice, defective products, or even assault and battery. When someone is injured by another’s actions and sustains a personal injury, they may be entitled to recover compensation from the at-fault party with a personal injury claim.
How Does a Personal Injury Claim Work?
When someone’s actions injure a person, that person has the right to file a claim with the at-fault party’s auto insurance company. If the insurer will not provide a settlement that covers all the injured person’s accident-related injuries and losses, the injured party can file a lawsuit.
What is personal injury insurance? To initiate a personal injury lawsuit in Nebraska, the injured individual (plaintiff) must file a complaint against the party they believe to be responsible for their injuries (defendant). The complaint will offer an overview of the details of the incident, the resulting injuries, and the compensation the plaintiff is seeking.
After the injured party files a complaint, the defendant will have an opportunity to respond. Both parties will then engage in a discovery process, which involves exchanging evidence and conducting depositions. Many personal injury cases are settled out of court. However, if a settlement cannot be reached, a trial will occur, and a judge or jury will determine liability and award appropriate compensation.
Potential Compensation in Nebraska Personal Injury Claims
The compensation available in a Nebraska personal injury claim will depend on the specific circumstances of your case. However, you may be entitled to recover compensation for losses. What do you have to prove in a personal injury claim? For example, you have to prove that you encountered damages and losses such as:
- Medical expenses, including past medical care and future medical treatment costs
- Lost income and future earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Loss of enjoyment of life and quality of life
What is the value of a personal injury claim? It depends on the settlement amount given by mediation process or ordered by the court.
Statute of Limitations for Nebraska Personal Injury Claims
What is personal injury law that you should watch out for? Each state places a time limit on how long an injury victim has to file a lawsuit against the at-fault party. What is the statute of limitations on a personal injury claim in Nebraska? In Nebraska, the statute of limitations stipulates that the injured individual must initiate legal action within four years of the accident date or risk being barred from recovering compensation through the court system.
While four years might sound like a long time, consult a personal injury attorney as soon as possible. The sooner you speak to a legal professional, the sooner they will be able to collect evidence before it disappears. Also, the sooner that these lawyers can interview witnesses before their memories become unreliable.
Types of Personal Injury Claims We Handle
At Mueller Schmidt Mulholland & Cooling, our experienced personal injury attorneys handle a wide range of cases. For instance, some of the personal injury settlement examples our firm can handle are:
- Motor Vehicle Accidents – If a crash with a car, truck, or motorcycle accident injured you due to another driver’s negligent actions, we can help you pursue compensation for your losses.
- Slip and Fall Accidents – Property owners have a duty to maintain safe premises for anyone who is legally present. If you have been injured due to a property owner’s failure to address hazardous conditions on their property, we can help you file a premises liability claim.
- Pedestrian Accidents – When you’re walking, whether in a parking lot, downtown to shop, or on a sidewalk in your neighborhood, you expect to be safe. If you were injured as a pedestrian, we can assist you in seeking compensation for your injuries and related expenses.
- Workplace Injury – If you have suffered an injury on the job, you might be entitled to file a third-party injury claim in addition to filing a workers’ compensation claim. Our attorneys can guide you through the process and fight for the benefits you deserve.
Contact an Experienced Personal Injury Attorney Today
Still don’t know what are personal injury damages awarded for your losses? Filing a personal injury claim can be challenging. Particularly so when you are still in the midst of your medical and emotional recovery. Working with an experienced Omaha personal injury lawyer can put your claim in good hands while you focus on healing.
The seasoned legal team at Mueller Schmidt Mulholland & Cooling has nearly 60 years of combined experience handling personal injury cases. Our law firm is ready to fight for the compensation you deserve. Call us today at 402-999-9000 or contact us online for a free consultation with one of our skilled attorneys.
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