It is understandable that a person who suffered a serious injury may be frightened and confused. After all, he or she may need expensive medical attention to treat his or her injuries. The prospect of demanding compensation for losses may seem overwhelming without the help of a Lincoln personal injury lawyer.
However, a delay in demanding fair payments can often threaten a valid claim. Defendants and their insurance companies may be working to gather evidence to minimize their payment. To fight back, it is necessary to understand your rights and collect the evidence needed to pursue an effective claim with an attorney’s help.
Types of Injury Claims in Lincoln
With a comprehensive understanding of Nebraska negligence laws, a local personal injury attorney from Berry Law can pinpoint the crucial facts and develop the evidence necessary to hold the other party liable. Meanwhile, our ability to work effectively with treating physicians, forensic medical professionals, and rehabilitation professionals helps ensure that no part of your damages demand will be left to speculation or guesswork.
We represent clients in injury claims all over Nebraska, including those involving:
- Car crashes
- Truck accidents
- Bicycle collisions
- Construction accidents
- Bus crashes
- Motorcycle collisions
- Food-borne illnesses
- Dog bites
- Farm equipment and machinery accidents
- Consumer and industrial products liability claims
- Broken bones and severe soft-tissue injuries
- Burn injuries
- Head and brain injuries
- Neck or back injury requiring extensive chiropractic treatment
- Prenatal injuries to pregnant women and their fetuses
Proving an Injury Claim with a Lawyer’s Help
The majority of personal injuries in Lincoln are the result of accidents. However, certain scenarios place individuals in positions where they must provide protection to others. If a person fails to provide protection, and an injury occurs, it is considered negligence. Without proving that the defendant in your case was negligent, you will not recover financial compensation for your injuries.
There are three steps to proving negligence in an injury case.
- You must establish that the defendant owed you a duty of care. This duty varies, depending on the circumstances. For example, while motorists are responsible for operating their vehicles safely, the level of care property owners must exercise to protect visitors from foreseeable harm is not always as clear.
- After proving that a duty existed between yourself and the defendant, you must then demonstrate how they breached that duty. Any reckless, careless, or intentional act could constitute a breached of care.
- The third element is causation. You must link your injuries directly to the defendant’s negligence to recover compensation. Specifically, you must prove that you suffered compensable damages as a direct result the defendant’s negligence. These damages could include pain and suffering, lost wages, and medical expenses.
Every civil claim is unique. However, a personal injury lawyer at Berry Law will generally work to demonstrate how a defendant owed a plaintiff a duty of care and how their failure to uphold that duty resulted in an injury.
What Does Compensation Cover?
Every person who suffers an injury due to another party’s negligence has the right to compensation. This means that the defendant should provide compensation that would put the plaintiff in the position he or she would have been in had the incident never occurred.
The goal of a claim is to cover all a plaintiff’s losses. In many instances, these extend beyond physical injuries to include compensation for emotional trauma and financial losses. If an incident leaves you in intense pain or in a situation where you now suffer from PTSD, a defendant may also have to provide compensation to cover that lost quality of life. Similarly, if an injury forces you to miss time at work to seek medical care or recover from your injury, a defendant must provide reimbursement for all lost wages.
Are There Limits on Financial Compensation in an Injury Case?
While there is sometimes a limit on the financial compensation a Lincoln plaintiff can recover in their personal injury cases, there is one important exception to keep in mind. Claimants pursuing compensation for damages related to medical malpractice face limits on their recovery depending on when their injury or illness occurred. Berry Law’s diligent legal team can advise you on how this limitation could impact your personal injury compensation.
How Much Time Do I Have to File Suit?
Potential plaintiffs do not have an unlimited amount of time to file a personal injury claim. According to Nebraska Revised Statutes §25-207, you must file suit within four years of the date that your injury occurred. Failure to comply with this filing deadline could leave you unable to recover any compensation whatsoever.
Let a Lincoln Personal Injury Attorney Help
Every time that another party is responsible for an incident that results in a personal injury, he or she must provide full compensation for your losses. However, collecting these payments can be complex. Defendants may argue that they did not have a duty to keep you safe, or that your own actions were the source of the injury. A Lincoln personal injury lawyer will fight back on your behalf. Call Berry Law today to discuss how we can help you.
You’re injured, not broken.