After being injured in a car accident, you might be considering your options for how to move forward and seek relief. But fighting for compensation against insurance companies and defense lawyers could be overwhelming for those without professional legal guidance.
Therefore, it can prove beneficial to reach out to a Bellevue car accident lawyer in Nebraska for help. An experienced injury attorney from Berry Law could provide legal support for your car accident case and help you get the compensation you deserve.
Filing an Insurance Claim for a Car Accident
Many car accident cases are resolved by filing an insurance claim. Nebraska follows the fault system when it comes to auto insurance, which gives claimants more filing options than in those who live in no-fault states.
Under the fault system, a person may file an insurance claim under his or her own policy or against the at-fault driver’s insurance company. If a person can claim with his or her own insurance company, he or she may seek economic damages up to his or her policy limits. Their insurance company would typically then file a subrogation claim against the at-fault driver’s insurance company. A subrogation claim allows car insurance companies to recoup the payments they had to make on behalf of their own policyholder against the responsible driver’s insurance company.
Filing a Lawsuit for a Car Crash in Bellevue
If the insurance claim does not cover the full breadth of a person’s damages, he or she may file a personal injury lawsuit within four years of the car accident under Nebraska Revised Statutes §25-207. The process of filing a lawsuit could be broken down into several stages.
The first phase begins with the plaintiff filing their complaint, alleging the facts of the car accident, and asking the court for a judgment in their favor for damages. The defendant answers the complaint, and other pleadings and motions may follow to determine whether the case moves forward to litigation.
If the parties cannot come to an agreement and settle the matter, the case goes into the discovery phase. Discovery is a pre-litigation phase that allows both sides to investigate the facts, gather evidence, and build their case for trial. Parties might hire experts to testify how the accident occurred and conduct depositions of witnesses who can explain their perspective.
If no settlement is reached at the end of discovery and the plaintiff’s case survives motions to dismiss, the claim is argued in court at trial. After a car crash lawyer in Bellevue presents the evidence on behalf of the plaintiff, the defendant can present their case. At the end of the trial, the jury reaches a verdict in favor of or against the plaintiff’s cause of action. Both parties may appeal the verdict.
Ways a Bellevue Car Accident Attorney Could Help
A Bellevue car accident lawyer could help you with the legal challenges you face due to an injury that was the result of another person’s negligence. Call Berry Law today to schedule a consultation and see if we can help fight for you.