A significant injury could drastically change the trajectory of your life. In some cases, a serious accident could impact your ability to provide for yourself and your family. You may even be too injured to manage your own daily needs.
If you have suffered an injury because of another person’s carelessness, you have the right to file an injury claim. A dedicated personal injury attorney on our team will advise you on your chances of recovery through a civil lawsuit and help you choose the best course of action moving forward.
Bringing a legal claim requires careful investigation, thorough legal knowledge, and aggressive advocacy. Don’t go into battle without the insight of a La Vista personal injury lawyer from Berry Law.
Establishing Negligence in La Vista Civil Claims
Suffering an injury does not automatically make a person eligible for monetary compensation. For you to obtain compensation for an injury, you must prove that another person or party caused your injury.
The term negligence is used to describe the carelessness or recklessness that led to your injuries. Negligence occurs when a person’s careless, intentional, or reckless actions result in another individual’s injuries. While an intentional act could result in a personal injury claim, accidents form the basis of most injury claims in La Vista. For example, many personal injury claims involve auto collisions, motorcycle collisions, pedestrian accidents, slip and fall incidents, and more.
Proving negligence requires establishing four basic elements:
- A duty of reasonable care existed between the defendant and the plaintiff
- The defendant failed to uphold their duty
- The defendant’s breach of duty directly caused the plaintiff’s injuries
- The plaintiff’s injuries resulted in compensable damages
Should a judge or jury determine that the opposing person/party was acting recklessly at the time of the accident, you would be entitled to monetary compensation from them. An attorney on our team can assist with a La Vista personal injury claim by proving the defendant’s negligence and establishing the value of your injuries.
The Impact of Contributory Negligence
In some accidents, it might not be immediately obvious who is responsible. In fact, many accidents have more than one person or party to blame. A legal doctrine known as contributory negligence could impact a personal injury claim in La Vista if you are partially at fault.
At trial, the jury will carefully weigh the evidence before assigning fault for a claimant’s injuries. According to Nebraska Revised Statute §25-21,185.09, a plaintiff would be barred from receiving compensation if their degree of responsibility for an accident is equal to or greater than 50%.
If you are less than 50% at fault, the court will reduce your compensation by the degree of your liability. For example, if you are 20% responsible for your own injuries then you may claim 80% of the total compensation.
Speak with a La Vista Personal Injury Attorney Today
After a severe bodily injury, it can be difficult to determine your next steps. While your medical treatment should be your top priority, it is also vital to consider your legal rights.
You are entitled to bring a personal injury suit to recoup your losses. Call Berry Law today to speak with a La Vista personal injury lawyer about compensation.