Car accidents are a leading cause of injuries in Omaha and throughout the country. These incidents can lead to serious injuries that can permanently affect a person’s health and quality of life. However, if you were injured in a car accident, you do not need to accept the situation or face it alone.
If the injuries you suffered in a car accident were due to another driver’s negligence, you have the right to demand compensation for any medical bills, lost income, and mental anguish. An Omaha car accident lawyer can help you pursue compensation for your injuries.
A diligent personal injury attorney at Berry Law can work to collect vital evidence, protect you from aggressive insurance company tactics, and author demand packages that seek full compensation for your injuries.
Potential Consequences of a Car Wreck
Even a seemingly minor collision can have a long-lasting impact on a driver or passenger. 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 a car accident. Common injuries suffered in car wrecks 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, an auto collision claim should demand that the defendant or their insurance company provide reimbursement for some, if not all, of these costs.
In many cases, a physical injury may tell only part of the story. Victims of car accidents may suffer financial harm as well, such as lost wages due to an inability to work or time missed to attend doctors’ appointments. You can also receive compensation for the pain or suffering caused by the collision. A local attorney can help you determine the impact the accident had on your life and pursue compensation for the entire amount you are entitled to.
What Must Be Proven in a Local Auto Accident Case?
Most auto 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 an Omaha auto collision case, you typically must prove three core elements to achieve a positive outcome:
- The defendant owed you a duty of care – all drivers assume a duty to protect other parties whenever they are on the road.
- The defendant failed to uphold this duty of care –evidence such as a police report citing the defendant for a traffic violation or dash-cam footage showing a driver distracted by their phone can be used to prove a breach of care.
- The defendant’s violation of care directly caused your physical injuries – 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.
How Does Nebraska’s Comparative Negligence Law Affect a Claim for Compensation?
Even if you can prove another person’s liability in your car accident case, the state’s comparative negligence rule can still impact your compensatory award. The comparative negligence doctrine allows you to recover compensation even if you are partially at fault for your injuries. However, any percentage of liability attributed to you will be reduced from your recoverable damages.
For example, let’s say the court finds you 30% responsible for the accident. This means that you will only receive 70% of the full compensation amount, because you are 30% liable for the accident and therefore 30% responsible for the injuries.
In Omaha, a car accident plaintiff must be less than 50% responsible for their own injuries to recover compensation. This means that if you bear more fault for causing your auto collision than the defendant, you will be barred from recovering any damages whatsoever. Fortunately, Berry Law’s team of steadfast attorneys can help refute any allegations of comparative negligence in your case to maximize your financial recovery.
Statute of Limitations for Car Crash Claims in Omaha
In addition to proving the elements of negligence, you must also be sure to file your case on time. A law known as the statute of limitations controls when a local 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 at Berry Law can help you gather proof of a defendant’s negligence and ensure you pursue your 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 our firm could handle the details of the case while you concentrate on recovering from your injuries. At the same time, our trial attorneys could work to demonstrate the negligence of the other driver and demand full compensation. Call Berry Law today to schedule a free consultation and discuss your options.