According to the Nebraska Department of Transportation (NDOT), about 29,500 car crashes occurred in 2020. Of these, almost 9,900 led to varying degrees of injury, 233 recorded fatalities, and almost 19,400 reported property damages only (PDO).
Sadly, the number of traffic fatalities seems to be increasing going by the 2022 Nebraska Traffic Fatality Toll Comparison report. When you’ve been injured or have lost a loved one,, a car crash can turn your life upside down. If you have been involved in a car crash in Nebraska and are seeking compensation, speak to an experienced Nebraska car accident attorney about your case. Berry Law can help.
Establishing Fault in a Nebraska Car Accident Case
Determining who is at fault is a requirement in every Nebraska car accident case. Unfortunately, just because another driver crashed into your car doesn’t mean that they are automatically at fault.
Identifying and properly labeling the at-fault or liable party can be a complex endeavor, particularly in a comparative negligence state like Nebraska. Here, the courts will look at the role played by both parties in the accident.
In order to correctly identify the entity responsible for the auto accident and subsequent injuries, relevant parties will have to look for proof of negligence. To establish that one or both parties were negligent, your car wreck lawyer will consider the following elements:
- Duty of care: The at-fault party had an obligation to ensure that you were reasonably safe around them (e.g., drivers are required to drive in a safe manner and with regard to other road users).
- Breach of duty: That the at-fault party, through negligence or carelessness, acted contrary to established safety protocols (e.g., if a driver speeds excessively, drives under the influence of illicit substances, runs a red light, or drives recklessly, they have breached the duty they owe other road users).
- Causation: That because they failed at that obligation, you were involved in a car crash that damaged your property and/or caused you harm (e.g., if the driver ran a red light and T-boned another vehicle that had the right of way, it means that the at-fault party’s actions directly caused the victim’s accident and injuries).
- Damages: You suffered some losses as a result of the injuries or property damage (e.g., because of the accident, you had to get medical treatment and/or repair or replace your damaged property).
If you can successfully prove that all four elements were present in your situation, you can seek to recover all incurred losses and get the compensation you deserve from the liable or at-fault party. An
Comparative Negligence in Nebraska and Its Impact on Your Settlement
Nebraska is a comparative fault state. This means that before any compensation is awarded, the courts will also identify your possible role in the accident. This happens more frequently than you think.
But because of the same rule, you may be able to still recover a significant settlement amount even if you were partly responsible for your injuries. For example, if the other party ran a red light and crashed into your vehicle, but there’s evidence that you were texting on the phone at the time or didn’t have your headlights on.
The court can hold you liable on the assumption that had you been less distracted or had your headlights on, the accident might have been avoided. If it’s determined that you were partly at fault for the accident by less than 50%, the courts will still award your settlement.
But how much you’ll eventually receive will depend on the degree of your fault. For instance, if the court awards $100,000 but found that you were 10% responsible for the auto collision, you will only receive $90,000 (10% less). Despite any role you played, your auto accident attorney in Nebraska will work hard to ensure you receive the maximum compensation.
It’s also important to keep in mind that it’s not uncommon for the liable party to pass blame or tell a different version of the story. Whether it’s due to deception or simply not remembering accurately, this can impact the compensation that the accident victim receives. It’s imperative to choose skilled Nebraska lawyers who will handle investigations, evidence collection, and other legal aspects to ensure that you have the strongest case possible.
Recoverable Damages from a Nebraska Car Accident Injury Claim
Depending on their circumstances, victims of catastrophic car wrecks in Nebraska can claim the following damages (financial compensation for losses and injuries):
- Wages loss
- Medical treatment costs, including future treatments
- Rehabilitative treatment costs
- Diminished or loss of earning capacity
- Property damage
- Pain and suffering
- Mental distress
- Emotional anguish
- PTSD and depression
- Loss of companionship
- Loss of consortium
- Disfigurement and scarring
- Temporary or permanent disability
How Much Money Can You Get from a Nebraska Car Accident Case?
Typical car accident injury claims in Nebraska can range from $1,000 to millions of dollars in compensation.
But please note that this is a very subjective figure to ascertain because all car accidents are unique. Their circumstances are different, the peculiarities of each case are different, and injuries can be different. The final amount you’ll receive can depend on the following factors:
- The liable party/parties
- Their extent of insurance coverage
- The severity of your injuries
- How much you’ve spent on treatment and will likely spend in the future
- Wages you have lost because you’re in recovery
- Possible impact on your future earning capacity
- The extent of property damage
- How quickly you sought treatment after the auto crash
- Your current daily rate at work
- Any additional costs and expenses caused by the accident
- Your role in the auto collision
- Whether you took the right steps after your accident
These factors will play a role in the final settlement or verdict amount. Unfortunately, they are difficult to compute, which is why you have to talk to an experienced car accident lawyer in Nebraska, who will examine the facts of your case before giving you an opinion on case value.
How Our Experienced Nebraska Car Accident Lawyer Can Help
While you may want to try to recover your claim yourself, the reality is that it’s easier and faster if you have a skilled Nebraska car accident lawyer fighting for you and representing your interests. Plus, you’re more likely to receive the full settlement you’re entitled to.
A seasoned lawyer for accident injuries will provide professional legal guidance that will prevent you from making grievous mistakes that can cost you your settlement. We’ll advise you on how to proceed and act so that you can get maximum compensation. We’ll also provide legal representation and support where necessary.
For example, many accident victims have received far less than they should have or had their claims outright denied because of their actions, mistakes, or errors. Don’t let that happen to you.
Let the highly seasoned personal injury attorneys at Berry Law help you get the compensation you deserve. Contact us today for a free case evaluation.