While some collisions are minor, others are severe accidents that can leave you with catastrophic injuries that permanently alter your life. Trying to handle legal and financial matters in the aftermath of a devastating car accident can be overwhelming and stressful.
A Lancaster County car accident lawyer can investigate the circumstances that led to your accident and determine what parties are at fault. Ultimately, an experienced personal injury attorney could help seek compensation from any parties who were at fault.
When is a Driver Considered Negligent in Lancaster County?
Most legal claims arising from car accidents are based on a legal theory of negligence. According to this theory, a person is legally responsible when he or she acts in a manner that falls below the standard of care that a reasonable person would exercise in the same situation. If a driver is careless, he or she may be negligent and thus responsible for any resulting damages.
Negligence consists of four separate elements that a plaintiff must prove to hold another party liable for causing an accident. First, an injured party must show that the negligent party owed a legal duty of care to him or her. Since all drivers have a responsibility to drive safely and responsibly for the benefit of others, drivers generally owe a duty to anyone they injure in a car crash.
A plaintiff must also prove that a driver breached the reasonable duty of care, such as by violating a traffic rule or operating a vehicle while intoxicated. This breach of the duty of care must be a direct cause of the accident that results. Finally, a plaintiff must show that he or she was injured due to the accident.
The Statute of Limitations for Car Accident Claims
All states establish deadlines for filing personal injury lawsuits called the statutes of limitations. Those injured in car accidents are subject to the applicable statute of limitations. After these deadlines have passed, a person may not be able to pursue a claim, which can make it impossible to recover the damages he or she is entitled to.
Under Nebraska Revised Statutes §25-207, an injured party has four years from the date of his or her accident to pursue compensation for his or her losses. Although there are some exceptions, four years from the date of the accident is generally the statute of limitations for personal injury claims.
The statute of limitations makes it even more crucial to contact a car accident attorney in Lancaster County as soon as possible after an accident. While four years may seem like ample amount of time to file a claim, time passes quickly, and claims can be complicated.
Call a Lancaster County Car Accident Attorney for Advice
The type and amount of compensation you may be able to receive in a car accident claim varies according to the severity of the accident and your injuries. A Lancaster County car accident lawyer could help you determine what you are entitled to. Call Berry Law today for a free consultation to discuss your case.