Car accidents can be extremely terrifying. Any person who has been in an accident can recall the heart-sinking moment they realized they were going to crash. You may take all the necessary driving steps to avoid an accident, but you can’t control other motorists.
Severe injuries are common in car accidents at high speeds. Even a seemingly minor fender bender can lead to a serious injury. The resulting physical injuries may not only require medical attention, but they can also negatively impact a person’s ability to earn a living and their overall quality of life.
Individuals who suffer these losses may have the ability to demand compensation. However, a successful claim requires detailed knowledge of the law as well as the ability to effectively negotiate with insurance companies. This can seem like an overwhelming task – especially without the assistance of a skilled personal injury attorney.
A Papillion car accident lawyer stands ready to take the lead in your claim for damages against a negligent driver. Berry Law’s team can work to investigate the cause of the crash and present evidence of the fact that the defendant driver was responsible for the collision.
Common Causes of Car Accidents in Papillion
Car accidents in Papillion are often the result of someone’s negligence. This means that insurance companies and the courts must assign blame for a crash. One way to accomplish this is to determine whether one driver was violating a traffic law at the time of the car accident. Examples of traffic violations which could create civil liability in the event of a crash include:
- Failing to yield
- Running a red light
- Driving under the influence of drugs or alcohol
If a court issues a citation for a traffic violation, it can be used as evidence of that driver’s fault for a collision.
Accidents may also be the result of other types of distracted driving. A person who looks at their cell phone, eats, or applies makeup while behind the wheel is may be at fault for a crash.
Courts in Papillion will use the concept of modified comparative negligence to evaluate the liability of all parties involved in a car accident. Although this sounds complex, it is somewhat simple.
According to Nebraska Revised Statute §25-21,185.09, a court must reduce a plaintiff’s compensatory award if it is found that he or she shares blame for the collision. This means that if you are partially at-fault for the crash, the courts will reduce the compensation you receive.
For example, if you were found to be 20 percent at-fault for the accident, the courts would take 20 percent away from the payment. This means you would receive 80 percent of the total compensation.
Additionally, if the claimant’s percentage of liability rises to 50 percent or more, they would be barred from recovering any damages. A Papillion auto collision attorney can help demonstrate that a defendant was the sole liable party for a crash to obtain maximum compensation on the plaintiff’s behalf.
What is the Value of a Car Crash Claim?
Car crashes can inflict catastrophic and even life-threatening injuries to all parties involved. Fortunately, a claim can seek compensation for all medical treatment resulting from the collision as well as any intangible losses such as:
- Pain and suffering
- Emotional anguish
- Diminished earning capacity
A Papillion car crash attorney can help measure a person’s losses and file an injury claim for the full value of their case.
Our lawyers can also help meet the filing deadlines imposed by the State’s statute of limitations. According to Neb. Rev. Stat. §25-207, individuals generally have four years from the date of a car accident to demand compensation. Missing this deadline could leave a person unable to collect compensation.
A Papillion Car Accident Attorney Can Help
While it is true that a defendant who causes a car accident is liable to provide compensation to injured parties, it falls on you and your attorney to demonstrate their negligence. At the same time, the defendant and their insurance company will be working to deny liability or to shift blame onto you, which can result in a reduced award or no compensation entirely.
A Papillion car accident lawyer can explain your rights under the law, gather evidence of the defendant driver’s fault, and measure your losses to make fair demands. Contact Berry Law today to see how we can help you with your injury claim.