Car accidents are a leading cause of personal injuries in Nebraska and throughout the country. These incidents can lead to serious injuries that can permanently affect a person’s health and quality of life. However, the victims of these accidents do not need to accept their situation or face it alone.
If the injuries suffered in a car accident were due to another driver’s negligence, an injured individual has the right to demand compensation. This can include payments for any medical bills, lost income, and mental anguish.
An Omaha car accident lawyer could help an accident victim pursue this compensation. From the moment that they are hired, one of our diligent personal injury attorneys at Berry Law could work to collect vital evidence, protect you from aggressive insurance company tactics, and author demand packages that seek every dollar to which you are entitled.
Potential Consequences of a Car Accident
Even a seemingly minor collision can have a long-lasting impact on an individual driver or passenger’s life. The smallest of vehicles still weigh more than 2,000 pounds, which means they can place a great deal of force on a person’s body in an accident. Common personal injuries suffered in car accidents include:
- Severe cuts and scrapes
- Separated joints
- Neck and back strains
- Broken bones
- Burn injuries
The cost of treatment for any of these injuries can easily reach into the tens of thousands of dollars. Therefore, a car accident claim should demand that the defendant or their insurance company provide reimbursement for some, if not all, of these costs.
In several cases, a physical injury may tell only part of the story. Victims of an accident may also suffer financial harm as well, such as lost wages due to an inability to work or time missed to attend doctors’ appointments. Additionally, plaintiffs can also demand compensation for the pain or suffering caused by the accident. An Omaha car accident attorney could help victims properly portray the impact their accident has had on their life.
What Must Be Proven in a Car Accident Case
Most car accident cases are based on the legal cause of action known as negligence. Negligence specifically applies when a person is injured due to the accidental action of another party. Even though the other party did not mean to cause an injury, the law considers them liable because of the carelessness of their actions.
When proving negligence in a car accident, a plaintiff typically must prove three core elements to achieve a positive outcome to their case:
- The defendant owed them a duty of care – this always applies in car accident cases, since all drivers assume a duty to protect other parties whenever they are on the road.
- The defendant failed to uphold this duty of care – in simple terms, a plaintiff must prove that the defendant was at fault for the accident in question. This can be achieved through evidence such as a police report citing the defendant for a traffic violation or dash-cam footage showing a driver distracted by their phone.
- The defendant’s violation of the duty of care directly caused a physical injury – naturally, people making car accident claims are usually injured in some way, but they may need a medical record indicating that their injuries were caused by the accident.
In addition to proving the elements of negligence, a plaintiff must also be sure to file their case on time. A law known as the statute of limitations controls when a Nebraska civil court will hear a case.
According to Nebraska Revised Statutes §25-207, potential plaintiffs have only four years from the date of the accident to file a case. A proactive car accident lawyer in Omaha could help an injured plaintiff gather proof of a defendant’s negligence and ensure they pursue their claim in a timely manner.
Contact an Omaha Car Accident Attorney Today
The immediate aftermath of a car accident can be a confusing and complicated time. An injured individual may need to seek emergency medical treatment and their car may be beyond repair.
While they are focusing on getting their lives back in order, the defendant’s insurance company may be pressuring them for a statement or offering a token sum to quickly settle the claim.
An Omaha car accident lawyer from Berry Law Firm could help handle the details of the case while the victim concentrates on recovering from their injuries. At the same time, our trial attorneys could work to demonstrate the negligence of the defendant driver and demand full compensation. Call today to schedule a consultation and discuss your options.