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 may be your own fault or are simply “acts of God” as an insurance company might call them, others are attributable to the actions of another person or company.
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 you were injured through an intentional action or from an accident, you could demand payments for physical injuries, emotional distress, and economic losses.
A determined and persistent Omaha personal injury lawyer at Berry Law could help you pursue the full compensation you’re entitled to. 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 are the result of an unintentional accident. 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:
- Car accidents
- Falling accidents
- Animal attacks such as dog bites
- Farm equipment and machinery
- Construction accidents
- Defective products
- Improper maintenance of property
- Food-borne illnesses
- Birth and prenatal injuries to pregnant women and their fetuses
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 the at-fault person to provide monetary compensation.
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 you iron out the important details of your case and fight for compensation.
Deadline to File a Civil Claim
No matter how the injury occurred, potential plaintiffs have a limited amount of 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.
What Happens if Someone Misses the Statute of Limitations for Their Personal Injury Case?
In most cases, if someone does not file their claim within four years of becoming injured, they will lose the opportunity to recover any accident-related damages. However, state law makes some exceptions to the four-year statutory deadline. For example, when a minor suffers a personal injury, the four-year filing period does not begin until they become a legal adult.
Potential Sources of Compensation
The central component of any personal injury lawsuit is 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
The at-fault person may be held responsible 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, you may lose significant earnings from missed time at work. You may also endure severe pain and loss of enjoyment of life. An injury lawyer in Omaha could work with you to determine your full losses and demand compensation.
What Are Punitive Damages?
Punitive damages are not awarded in all personal injury claims but may be awarded in some. These damages are separate from the other forms of compensation and may be granted to punish the defendant for gross or willful negligence. The court also awards punitive damages as a means of dissuading others from engaging in similar, egregious misconduct in the future.
Can You Still Obtain Compensation with Partial Liability?
According to the legal doctrine known as comparative negligence, even if you are partially responsible for the incident that led to your injuries, you can still collect compensation. Nebraska law allows an injured individual to recover compensation as long as their percentage of liability does not exceed 49%.
However, the court will reduce your compensation according to your percentage of fault. If you are equally responsible for the incident that caused your injuries, you will be barred from obtaining any compensation.
Personalized Counsel Throughout the Claims Process
No matter how serious your injuries are or what type of accident you have been injured in, we are ready to guide you through the complex claims process. Claims require extensive work, from the paperwork and medical records to negotiations with insurance adjustors, many injured persons find themselves confused and overwhelmed. Allow us to handle the details of your claim so you can concentrate on your recovery. Our team works to get you the highest compensation available.
During the course of your claim, we are also here to provide you with our personalized, one-on-one counsel. Whenever you have questions, you can always expect prompt answers. From start to finish, we keep you updated on the status of your claim and make sure that you know what to expect from your case.
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 the person at-fault may be held liable for the damage they cause – and an Omaha personal injury lawyer from our 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.
You’re injured, not broken.