If you have been hurt and someone else was partly to blame, you need to know comparative negligence laws in Nebraska. These laws have a major impact on whether you can hold the other party accountable for harming you.
Berry Law knows comparative negligence laws inside and out, and we have helped many clients to prove fault under these laws so they can collect the maximum amount of compensation possible if someone else caused them harm.
You should give us a call today to schedule a free consultation with a Omaha personal injury lawyer at our firm to better understand what we can do for you.
What Are Comparative Negligence Laws in Nebraska?
Comparative negligence laws in Nebraska establish the rules for what happens if you are partly to blame for your own accident, but someone else is also partly to blame.
Under traditional common law, and in a few states, pure contributory negligence rules still apply. That means if you are even a small percentage responsible for your accident, you have no option to recover compensation from the other party — even if they bear the majority of the blame.
This is not the case in Nebraska. Under Nebraska Revised Statutes section 25-21,185.09, a modified comparative negligence law was put in place. The relevant statute reads:
“Any contributory negligence chargeable to the claimant shall diminish proportionately the amount awarded as damages for an injury attributable to the claimant’s contributory negligence but shall not bar recovery, except that if the contributory negligence of the claimant is equal to or greater than the total negligence of all persons against whom recovery is sought, the claimant shall be totally barred from recovery.”
This essentially means that if you are less than 50% to blame, you can recover partial compensation for your injuries. However, if you are 50% or more to blame, you cannot.
Under this law, if you are allowed to collect from the other party, damages are also reduced based on your percentage of fault. If you suffered $100,000 in damages but were 20% to blame, you could recover $80,000.
How Do Comparative Negligence Laws in Nebraska Affect Your Case?
Because of comparative negligence laws, you have the option to make a case against another party even if you played a small part in causing your accident.
However, the stakes become very high when proving fault because even a small difference in the determination of your liability can affect your right to recover.
If you had $100,000 in damages, for example, you could collect $51,000 from the other party if you could show they were 51% at fault. However, if you were 50% at fault, you would not be able to pursue a claim for any damages at all.
Obviously, in this type of case, it’s critical that you work with a Nebraska comparative negligence lawyer who can help you to put together the strongest possible case showing the other party bears the majority of the blame.
Getting Help from a Nebraska Personal Injury Lawyer
A Nebraska personal injury lawyer at Berry Law can provide invaluable assistance in understanding Nebraska’s comparative negligence laws and can help to maximize your chances of recovering full and fair compensation under these rules.
Contact us today to schedule your free consultation and learn more about how we can help you show fault so you’ll stand the best chance of collecting the full and fair compensation that you deserve.
