It is a sad fact that most people will become seriously injured at some point in their lives. Many of these injuries will be severe enough to necessitate a trip to the emergency room or physical rehabilitation sessions. While some of these injuries are the victim’s own fault or are simply “acts of God” as an insurance company might call them, others are attributable to the actions of another party.
Whenever another person is at-fault for an injury in the state of Nebraska, the injured party has the right to demand civil compensation. Whether the defendant inflicted the injury through an intentional action or whether the injury results from an accident, the injured party may be able to demand payments for physical injuries, emotional distress, and economic losses.
A determined and persistent Omaha personal injury lawyer with Berry Law Firm could help you pursue the full compensation to which you may be entitled. Our experienced trial attorneys could set up a consultation to hear your side of the story, work to gather relevant evidence, and lead the way in both settlement negotiations and civil lawsuits.
Sources of Personal Injury Cases in Omaha
Most personal injury claims arise out of accidents. These are situations in which the defendant did not mean to cause any harm to the injured party, but an injury occurred due to their carelessness or recklessness. Nebraska law states that even if a defendant did not mean to cause any harm, they can still be held civilly liable for resulting damages if a plaintiff can prove that they were negligent.
Legal negligence occurs when a defendant violates their duty to protect an individual and that individual is injured as a result. This basic framework for a negligence case applies to injuries sustained in situations such as:
- motor vehicle accidents
- falling accidents
- animal attacks such as dog bites
- defective products
- improper maintenance of property
Another major source of personal injury lawsuits is intentional criminal conduct. While the defendants in instances of assault, sexual abuse, or homicide usually face criminal prosecution for their actions, criminal courts have no authority to force that defendant to provide monetary compensation to their victims.
People who are injured in criminal scenarios have the right to demand payment from the defendant. Whether an injury was the result of an accident or a criminal act, an Omaha personal injury attorney could help them iron out all the important details of their case.
No matter how the injury occurred, potential plaintiffs have a limited time to come forward. A law known as the statute of limitations controls when a Nebraska court will hear a personal injury case. According to Nebraska Revised Statutes §25-207, plaintiffs have four years from the date of injury to file.
Potential Sources of Compensation
The central component of any personal injury lawsuit is a physical harm. This harm does not need to be life-threatening, but it is typically an injury that requires treatment by a doctor as well as continuing therapy afterwards. Common injuries in personal injury cases include:
- Severe cuts and scrapes
- Separated joints
- Sprained ligaments and tendons
- Broken bones
- Spinal cord injuries
- Traumatic brain injuries
A defendant may be held responsible for providing compensation for any injury connected to their actions. Even in seemingly minor accidents, the defendant could be held liable to pay for all medical costs associated with a plaintiff’s injury.
A personal injury claim should take the full impact of the incident into account. For instance, many plaintiffs lose significant earnings from missed time at work. Others may endure severe pain and loss of enjoyment of life. An injury lawyer in Omaha could work with a plaintiff to determine their full losses and demand compensation.
Help from Trial-Tested Omaha Personal Injury Attorneys
Suffering through a personal injury can be a frustrating and confusing experience. Even if an individual makes a full recovery, they could be facing thousands of dollars in medical bills and weeks of lost wages from work missed during the recovery process.
It is important to remember that at-fault defendants may be held liable for paying victims for the damage they cause—and an Omaha personal injury lawyer from Berry Law Firm could help you throughout this process. We work on behalf of the injured to gather evidence, negotiate with insurance companies, and take the lead in settlement negotiations and trials. Call today to set up a free consultation and take back control of your life.