If you’ve been hurt in a traffic accident in Nebraska, you should be aware of a few rules that might significantly influence any claim you file for compensation. We will discuss the laws regarding car accidents in Nebraska. However, this knowledge can’t guarantee success.
You need legal representation from a personal injury lawyer to ensure you have a strong case to recover rightful compensation for your losses. At Berry Law, our Millard car accident attorneys can help you hold the negligent party liable for your financial losses.
How to Get Compensated for a Car Accident in Nebraska
What are your options if you’ve been hurt in an accident and Nebraska law says you should be reimbursed? Your claim may be settled in at least three ways:
- The insurance company for the other motorist may negotiate a settlement
- If the other motorist is uninsured or underinsured, you may negotiate a settlement with your insurance provider
- Filing a lawsuit can be the last resort
In the aftermath of an accident, the other driver’s insurance company will likely contact you quickly. This is so that they can get the matter over with as soon as possible and pay as little as possible in damages.
Don’t expect the insurance company to look out for you. You should discuss your case with a lawyer for car accident injuries, regardless of how you plan to resolve your claim.
Nebraska Car Insurance Requirements
Knowing the state’s liability auto insurance requirements and any other coverage laws that might influence your car accident claim is essential. Here is the minimum insurance coverage as required by law:
- Bodily injury liability: $25,000 limit per person/$50,000 limit per accident; assists in paying for the medical bills, funeral costs, and other damages incurred by the victim of an accident you caused.
- Property damage liability: $25,000 limit; it helps pay for repairs to the other party’s automobile, house, or other structure if you caused the accident.
- Uninsured motorist: $25,000 per person/$50,000 limit per accident; if the other driver doesn’t have insurance, this may help pay for your medical care.
- Underinsured motorist: $25,000 per person/$50,000 limit per accident; if the other driver doesn’t have adequate liability insurance to pay for your medical care, this helps.
The Nebraska Car Accident Statute of Limitations
The right to sue in court may be subject to the statute of limitations under Nebraska Revised Statute § 25-207, which specifies a four-year deadline by which you must file a lawsuit to claim compensation. Claiming damages or notifying the insurer of an occurrence must be done within a reasonable period following an accident. However, there are instances when a shorter limitation will apply, so it is important to speak with a lawyer right away regarding your claim to determine which deadline fits your case.
The “clock” begins ticking on the day of the accident for any lawsuit filed by a driver, passenger, motorcyclist, bicycle, biker, pedestrian, or property owner for injuries or property damage sustained in a car accident. If someone was killed in the accident and their family wishes to file a wrongful death claim, they have two years from the accident victim’s death date.
You should give yourself enough time to file a lawsuit, even if you think your case will be settled via the auto insurance claim procedure. This will give you more bargaining power if a settlement has to be reached. Consult an auto accident lawyer in Millard, NE, if you may be close to missing the deadline for submitting a claim.
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Comparative Negligence Affects Compensation in a Nebraska Car Accident
Let’s say you decide to go to court after suffering catastrophic injuries in a Nebraska vehicle accident. After hearing both sides of the story, the jury finds that the other motorist was at fault, but you are also partially to blame. How will compensation be awarded?
You might still be able to sue for financial compensation after an automobile accident under the modified comparative negligence rule. Still, the amount will be reduced in proportion to your fault. In addition, you will not be awarded any compensation if your degree of responsibility is higher than 50%.
Let’s say the jury decides that your medical bills, lost wages, and emotional distress add up to $10,000. But the jury also finds that you were 10% to blame for the accident. Your original $10,000 would be reduced by 10%, or $1,000, bringing the total to $9,000.
If your car accident case goes to trial in Nebraska, the judge or jury will use the comparative negligence rule. An insurance adjuster will also use it as a guide. Remember, there is no scientific way to determine who is at fault, so reaching a settlement or winning a case in court will depend on your case specifics. Consult a car wreck lawyer to understand your legal options better.
Compensation for Damages in a Millard Crash
If you were involved in an auto accident, you could get compensation to ease your financial burdens. Examples of Millard vehicle accident damages include the following:
- Pain and suffering
- Lost wages
- Loss of earning capability
- Medical bills
- Permanent disability
- Property damage
Schedule a Free Consultation with Our Car Injury Lawyers
After a car accident, you should first talk to an auto accident attorney in Millard, NE. Schedule a no-obligation, free consultation by contacting Berry Law, your trusted and experienced car wreck law firm.