Before you accept a settlement offer from an insurance company, it’s recommended that you consult with a car accident lawyer to understand the value of your claim. Insurance companies are notorious for offering settlements that don’t fully compensate injured persons and their families for all their accident-related losses. A personal injury lawyer with experience handling car accident claims can help determine the value of a car accident claim and negotiate with insurance companies to get a settlement that meets your needs. For more information, reach out to a Nebraska car accident lawyer.
In this post, we’ll explore the various factors that influence car accident settlement amounts.
Compensation Available in a Car Crash Claim
Settlement amounts are based on the damages or losses, an injured person suffered due to the accident. An individual involved in an auto accident in Nebraska may be eligible for compensation for the following damages:
Medical expenses: You may be entitled to compensation for medical bills related to your injuries, including hospital stays, surgeries, doctor visits, prescription medications, rehabilitation, and ongoing medical care. This includes past and future medical bills.
Lost income earnings: If your injuries prevent you from working, you might be able to claim compensation for the wages or income you’ve lost during your recovery period. This can also include compensation for any diminished earning capacity if your injuries lead to a long-term or permanent disability.
Pain and suffering: Non-economic damages such as pain, suffering, and emotional distress can also be compensated. Calculating these damages can be complex, often involving factors like the nature and extent of your injuries, the impact on your daily life, and medical assessments.
Property damage: Compensation for the repair or replacement of your vehicle and any personal property damaged in the accident.
Loss of consortium: If the accident has affected your relationship with your spouse or family members, you might be eligible for compensation for the loss of companionship, support, and other intangible losses.
Wrongful death damages: If the accident resulted in the death of a loved one, surviving family members might be eligible to pursue compensation for funeral expenses, medical bills, loss of financial support, and loss of companionship through a wrongful death claim.
Berry Law Settlements
Individual case results vary based on the facts of each case . Here are a few recent case results Berry Law car accident attorneys have secured for their clients:
- $65,000 for a client whose vehicle was T-boned by a motorist who ran a red light.
- $105,000 for a client who suffered a chest injury after their vehicle was rear-ended by another driver’s car.
- $125,000 for an elderly client on hospice who was injured in a rear-end accident.
- $50,000 for an on-duty Uber driver injured when they were T-boned by a driver who ran a red light.
- $92,000 for a driver injured in an accident after the at-fault driver failed to yield the right-of-way
Factors that Affect Auto Accident Settlement Amounts
The amount of money you may recover in a car accident case depends on various factors, such as:
- The extent of injuries: The severity of injuries sustained by the parties involved is a significant factor. More serious injuries typically result in higher medical expenses, longer recovery periods, and increased pain and suffering, all of which can contribute to a larger settlement.
- Medical expenses: The total cost of medical treatment, including hospitalization, surgeries, doctor visits, rehabilitation, and ongoing care, can significantly impact the settlement amount.
- Future medical costs: If the injuries have long-term effects or require ongoing medical care, the anticipated future medical expenses will also be taken into account.
- Lost wages and earning capacity: Compensation for lost wages due to time off work, as well as any impact on future earning capacity, can contribute to the settlement.
- The extent of pain and suffering: Physical pain, emotional distress, and impact on the victim’s quality of life are considered when calculating non-economic damages like pain and suffering.
- Emotional and psychological factors: The emotional impact of the accident and injuries can also play a role in determining settlement amounts.
- Insurance coverage: The insurance policies of the parties involved, including policy limits, may influence the available funds for a settlement.
Car Accident Laws in Nebraska
State laws also influence settlement amounts in Nebraska.
Nebraska is an At-Fault Insurance State
Nebraska is an “at-fault” or “tort” insurance state regarding car accidents. This means that when an accident occurs, someone must be determined to be at fault for causing the accident. The at-fault party, or their insurance company, is responsible for covering the costs of damages and injuries resulting from the accident. This includes property damage to vehicles and any medical expenses or other costs related to the injuries.
Because at-fault drivers are responsible for the damages they cause, Nebraska law requires drivers to carry liability insurance coverage, which covers the damages and injuries suffered by other parties if they are found at fault in an accident. Liability coverage is meant to provide financial protection to other drivers, passengers, pedestrians, and property owners affected by an accident caused by the insured driver.
The minimum requirements for Nebraska drivers are:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 per accident for property damage
Nebraska is a Modified Comparative Negligence State
Nebraska follows a modified comparative negligence rule, also known as a comparative fault rule when determining compensation in personal injury cases, including car accidents. This rule considers the degree of fault of each party involved in an accident and determines how it affects the amount of compensation an injured person can recover. This rule is applicable both in insurance claims and in personal injury lawsuits. During negotiations or litigation, the parties and their insurers will consider the respective percentages of fault to arrive at a fair settlement or court judgment.
Under the modified comparative negligence rule, each party involved in an accident can be assigned a percentage of fault for causing the accident. This percentage reflects the degree to which their actions contributed to the accident.
Nebraska has a threshold that determines whether an injured party can recover compensation from another party.
If you are eligible to recover compensation based on your percentage of fault, the amount of compensation you can receive will be reduced by your degree of fault. In other words, the compensation you’re awarded will be proportionally reduced based on your contribution to the accident. For example, if you are found 30% at fault for the accident and you’re awarded $10,000 in damages, your compensation will be reduced by 30%, leaving you with $7,000.
The modified comparative negligence rule applies even when multiple parties share fault for the accident. Each party’s percentage of fault is determined, and compensation is adjusted accordingly.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
Nebraska Statute of Limitations
A statute of limitations is a legal time limit within which a lawsuit must be filed. In the context of car accident cases, it refers to the time frame during which a person involved in the accident can bring a legal claim against the responsible party. If the statute of limitations expires, the injured party may lose the right to seek compensation through a lawsuit.
In Nebraska, the statute of limitations for personal injury cases, including car accidents, is generally four years. This means that from the date of the car accident, the injured party has four years to settle the claim or file a lawsuit seeking compensation for injuries or damages resulting from the accident. If the lawsuit is not filed within this time frame, the court may dismiss the case based on the statute of limitations defense raised by the defendant.
However, exceptions or circumstances can extend or shorten this deadline. If you want to pursue a car accident lawsuit, it’s best that you consult with a personal injury lawyer about your legal options.
Contact a Car Accident Lawyer at Berry Law
Car accident settlements vary widely depending on the circumstances of each case. If you or a loved one suffered injuries in a motor vehicle accident, you may be tempted to accept an offer from the insurance company to resolve your matter quickly. However, you could be leaving money on the table — money you need for the losses you and your family have suffered. Reach out to a personal injury lawyer.
Compensation won’t take away your suffering, but it can provide you and your family peace of mind at this difficult time. The car accident lawyers at Berry Law can help you seek justice and the compensation you deserve. Call or fill out our online contact form to schedule a free consultation today.
