When you’re involved in a car accident, it can be an incredibly disorienting experience. The legal and insurance processes often feel overwhelming, especially when you’re dealing with injuries or vehicle damage. At Berry Law, we’re here to guide you through each step, helping you understand and exercise your rights. Here’s what you need to know to protect yourself after a car accident in Nebraska.
Your Right to Medical Care
After an accident, your health and safety are the top priorities. Nebraska law requires that all drivers stop to check for injuries and call emergency services if necessary. Even if you feel okay, seeking medical attention is essential, as some injuries may only become apparent hours or days later.
- Why It Matters: A medical evaluation documents your injuries, which is crucial for any future insurance or legal claims.
- Your Action Step: Seek medical help as soon as possible and keep all records of your treatment.
Documenting the Accident Scene
Collecting information and evidence at the scene helps protect your rights, whether you’re pursuing an insurance claim or taking legal action.
- Exchange Information: Obtain names, contact details, insurance information, and license numbers from all involved drivers.
- Take Photos: Photograph vehicle damage, road conditions, traffic signs, and any visible injuries.
- Speak with Witnesses: Gather contact details from anyone who saw the accident unfold.
- Your Action Step: Use your phone’s camera to capture as much as you can and secure witness statements if possible.
Filing an Insurance Claim in Nebraska
Nebraska operates under a fault-based insurance system, meaning the at-fault driver’s insurance typically covers damages. You have the right to file a claim with either your own insurance or the other driver’s insurance, depending on the situation.
- What’s Covered: Depending on the severity of the accident, you may be entitled to compensation for:
- Medical Bills: This includes emergency care, ongoing treatment, and medication costs.
- Vehicle Repair Costs: The at-fault party’s insurance may cover repair or replacement.
- Lost Wages: If injuries prevent you from working, you may recover lost income.
- Your Action Step: Report the accident to your insurer as soon as possible and consider consulting a lawyer to ensure you receive a fair settlement.
Understanding Comparative Negligence in Nebraska
Nebraska follows a modified comparative negligence rule, meaning you can still recover damages even if you are partially at fault, provided your share of the fault is less than 50%. If you are found 20% at fault, for example, your compensation will be reduced by that amount.
- Why It Matters: Insurance companies may use comparative negligence to reduce payouts, so it’s vital to have a clear understanding of fault distribution.
- Your Action Step: Document every detail and consider working with an attorney to establish fault accurately.
Key Steps to Take After an Accident
Taking the right steps immediately after an accident can strengthen your claim and help protect your rights:
- Call Emergency Services: A police report provides an official record of the incident.
- Seek Medical Care: Even if you feel fine, injuries can surface later, so get checked out.
- Document Everything: From photos to statements, collect as much evidence as possible.
- Contact a Lawyer: Working with an attorney provides you with an advocate who can help navigate complex insurance and legal processes.
- Your Action Step: Review these steps after an accident to help avoid missing any critical details.
Common Defenses Insurance Companies May Use
Insurance companies may try various tactics to minimize your claim, so it’s essential to be prepared:
- Comparative Negligence: They may argue that you bear some responsibility for the accident, reducing their liability.
- Disputing Injury Severity: Insurance adjusters may question the extent of your injuries to avoid paying high medical costs.
- Liability Challenges: Insurers may attempt to blame third parties or use incomplete information to contest liability.
- Your Action Step: Document your injuries and damages thoroughly, and consult an attorney to counter any potential defenses.
Seeking Compensation for Damages
In Nebraska, car accident victims may seek different types of compensation depending on the circumstances:
- Economic Damages: Covers tangible losses, including medical bills, lost wages, and property repair costs.
- Non-Economic Damages: Compensates for pain, suffering, and reduced quality of life.
- Punitive Damages: In cases of extreme negligence, you may be eligible for punitive damages as a deterrent against reckless behavior.
- Your Action Step: Calculate both current and future losses to help make sure your claim fully reflects the impact of the accident.
Why Work With Berry Law?
With over 55 years of experience in Nebraska, Berry Law understands that car accident victims need strong advocates to ensure fair compensation. Our attorneys bring a wealth of experience, fighting for clients who need help navigating insurance claims and personal injury cases. When you work with us, we stand shoulder-to-shoulder with you from day one, working relentlessly to protect your rights and secure the justice you deserve.
If you or someone you know has been involved in a car accident in Nebraska, contact Berry Law to learn more about how we can support you on the road to recovery.
