Car accidents are a leading cause of injuries in Omaha and throughout the country. These incidents can lead to serious injuries that can permanently impact a person’s health and quality of life. However, you do not need to accept or face the situation alone.
If the injuries you suffered 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.
Berry Law firm’s legal team can work to collect vital evidence, protect you from aggressive insurance company tactics, and submit demand packages that seek full compensation for your injuries.
Potential Compensation for a Car Accident Claim
You have the legal right to pursue compensatory damages for your injuries and losses when you have been injured by the negligence of someone else. This compensation will generally cover either economic or non-economic losses.
Economic damages are the measurable losses that you experienced. These losses are measurable because documentary evidence can establish the exact compensation you need.
Medical expenses generally make up the largest portion of economic losses. The cost of medical treatment for any severe injury can easily reach tens of thousands of dollars.
Therefore, an auto collision claim should demand that the defendant or his or her insurance company provide reimbursement for all of these costs. Other forms of financial damages include lost wages and property damage.
Non-economic damages are the emotional and subjective losses you face after an auto wreck. These losses are impossible to quantify, as everyone experiences pain and suffering differently. Your car accident lawyer can help in explaining these losses.
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 hears a case.
According to Nebraska Revised Statutes §25-207, plaintiffs generally have four years from the date of the injury to settle their claim or file a lawsuit against the negligent party . However, there are many circumstances when a shorter limit period may apply, which is why it is important to discuss your case with a Berry Law attorney right away. A car accident lawyer from Berry Law can help you gather proof of a defendant’s negligence and ensure you pursue your claim in a timely manner.
What Must Be Proven in a Nebraska Auto Accident Case?
When proving negligence in an Omaha auto collision case, you typically must prove three core elements to establish negligence and 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 negligent driver 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 claims are usually injured in some way, but they may need a medical record indicating that their injuries were caused by the accident.
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How does Nebraska’s Comparative Negligence Law Affect a Claim for Compensation?
The state’s comparative negligence rule can still impact your compensatory award even if you can prove another person’s liability. The comparative negligence doctrine allows you to recover financial 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. This means that you will only receive 70% of the full compensation amount because you are 30% liable and, therefore, 30% responsible for the injuries.
In Omaha, a plaintiff must be less than 50% responsible for his or her own injuries to recover compensation. This means that if you bear the same amount or 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 attorneys can help refute any allegations of comparative negligence in your case to maximize your financial compensation.
Resolving a Car Accident Claim Through a Settlement or Trial
In general, there are two ways to obtain a favorable outcome in a car accident injury claim. The first is to negotiate a favorable settlement with the at-fault party or their insurance company. The second is to take the case to trial and secure a verdict.
Few personal injury claims ever go to court. It is not uncommon for these types of cases to reach a resolution before it becomes necessary to file a lawsuit. However, you should be cautious of insurance adjusters who urge you to settle a claim quickly before you have retained an attorney or before you’ve had the opportunity to fully evaluate all of your injuries and damages.
Insurance companies are businesses that want to pay as little money in settlements as possible. Consequently, the initial settlement offer will likely not reflect the full extent of your injuries and losses.
With an attorney negotiating and fighting on your behalf, you can rest assured that you will not be pushed into an unreasonable settlement.
Going to Trial
If the at-fault party’s insurance company refuses to offer you a fair settlement, the legal team at Berry Law is prepared to take your claim to court. Going through a civil trial is an intensive process, which is why you need a skilled legal professional by your side.
An Omaha auto accident attorney can help you gather evidence, prepare arguments, and keep track of legal deadlines. In a successful claim, the court will enter a verdict in your favor and award comprehensive compensation.
Common Types of Car Accidents
There are many different types of car accidents. While any type of collision has the potential to cause serious bodily injuries, some crashes are more likely to have serious consequences than others.
Rear-end collisions are the most common type of motor vehicle accident. These crashes occur when the front of one car strikes the back of another. Though many of these instances are considered minor “fender benders,” the reality is that rear-end collisions could have fatal consequences.
Side-impact, or T-bone, crashes are also fairly common. This occurs when the front of a vehicle strikes the side of another. T-bone collisions are especially common in intersections.
Head-on collisions are the least common and arguably most dangerous types of vehicle collisions. These wrecks occur when the front of two vehicles collide, often while traveling at high speed. Drunk or fatigued driving may be a factor.
Some of the most lethal types of car crashes are rollover accidents. A rollover happens when a motor vehicle tips onto its side or flips onto its roof. These crashes are especially dangerous, as the damage occurs to the top of the vehicle—the area least reinforced for impact.
No matter the type of vehicle collision you were in, a car accident attorney in Omaha can help you build a legal claim against the responsible party.
Potential Consequences of a Car Wreck
Even a seemingly minor collision can have a long-lasting impact on accident victims, requiring intensive medical care. The smallest vehicles still weigh more than 2,000 pounds, which means they can place a great deal of force on a person’s body. Common injuries suffered in car wrecks include:
- Severe cuts and scrapes
- Separated joints
- Neck and back strains
- Spinal cord injuries
- Organ damage
- Traumatic Brain Injuries
- Broken bones
- Burn injuries
A physical injury may tell only part of the story in many cases. These types of catastrophic injuries can also cause you to suffer economic and emotional harm.
A car accident lawyer in Omaha can help you determine the impact the accident had on your life and pursue compensation for the entire amount you are entitled to. The determined lawyers at our law firm have the resources to help you accurately assess your losses.
Contact an Omaha Car Accident Attorney Today
The immediate aftermath of a car accident can be confusing and complicated. You may need emergency medical treatment, and your car may be beyond repair.
While you are focusing on getting your life back in order, the defendant’s insurance adjuster may be pressuring you for a statement or offering a token sum to quickly settle the claim.
Our clients’ needs come first, and our personal injury attorneys can fight to secure the maximum compensation possible on your behalf. Contact Berry Law today to schedule a free consultation and discuss your options.