Damages and injuries sustained due to accidents caused by the other party’s negligence can be devastating. Reversing the effects isn’t possible but obtaining the compensation that covers the cost of the injuries helps.
This compensation from the negligent party helps pay for your medical expenses, compensate for any lost income, and provide some financial comfort for your suffering. If you suffered a personal injury in Fremont, Nebraska, you should consider contacting a personal injury lawyer at the earliest. Too much is at stake to put off filing a claim or lawsuit to recover damages.
Filing a Personal Injury Claim in Fremont, NE
A personal injury claim must be brought in a civil court to seek compensation if a fair settlement can’t be reached via negotiation. Your legal action officially begins when you file a complaint. It includes information on the relevant parties and the relevant jurisdiction.
It includes accusations made against the defendant and a summary of the evidence supporting your case. Once the complaint is submitted to the court, a summon and a copy of the complaint are issued and must be served on the defendant.
The defendant must submit a response to that within 30 days of the complaint. There is much more to a personal injury claim, which a personal injury attorney who serves Fremont can help explain.
What to Expect During a Fremont Personal Injury Claim Process
At Berry Law, we begin with a thorough investigation into your accident to determine what happened and who is to blame. Determining negligence is the core of any injury case. We’ll assess the full extent of your injuries and create a strong compensation claim in your defense.
Our personal injury lawyers serving Fremont, NE, would also assist you by handling interactions with the insurance provider. We are determined to defend your rights in court if a fair settlement can’t be achieved with negotiation.
Determining Negligence in a Fremont Personal Injury Claim
In Nebraska, the rule of comparative negligence is used to determine who is responsible for your accident. According to the comparative negligence theory, the compensation amount must reflect the degree of blame assigned to the two involved parties.
Consider an example where an 18-wheeler collided with a car while switching lanes. The truck driver may be at fault since they failed to examine the blind area adequately. However, you can be partially responsible for the crash if you were going too fast and didn’t brake in time, causing a collision with the truck.
If you were even partially at fault, your compensation (from 1% to 49%) would be reduced under Nebraska’s negligence statutes. The Nebraska law forbids you from suing for damages if you were more than 50% at fault for the collision. Our lawyers can help determine fault and assist you in obtaining fair compensation for your injuries.
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What Compensation Are You Entitled to in a Personal Injury Claim?
For your injuries, you may be entitled to monetary compensation based on several criteria, including but not limited to: emotional and physical pain and suffering; financial hardship or loss; lost earning ability; loss of consortium; impairment; disfigurement; and more.
These damages may include, but are not limited to:
- Medical bills
- Pain and suffering
- Lost wages
- Physical disability
- Emotional trauma
- Permanent scars
- Mental anguish
- Loss of love and affection
- Mental disability
- Property damage
Time Limit for Filing a Personal Injury Claim in Nebraska
In Nebraska, the time restriction for filing a personal injury claim is usually four years; however, there are cases in which a different or shorter time period is proper, therefore it is very important to consult with an attorney to determine the time limit that applies to your case.
According to Nebraska Revised Statute §30-810, the statute of limitations for a wrongful death claim is two years from the date of death. Personal injury claims stemming from workplace accidents also have a two-year statute of limitations from the date of injury.
Filing a lawsuit may be the best way to obtain a fair settlement for your injuries, but what about the insurance company? Should you settle with an insurance company?
Should You Settle with an Insurance Company?
Some insurance adjusters can guarantee to pay your costs to keep you from hiring legal counsel and fighting for a higher settlement. Remember that reduced claim payments are advantageous to the insurance carrier., which is why they would try their best to settle with the least amount.
You should only sign something that releases or waives your right to sue the other party once you are fully aware of the scope of your injury. Most medical professionals and personal injury attorneys suggest waiting until your injuries have healed before settling your case.
Before making any choices if you’ve been injured, it’s a good idea to consult our Fremont personal injury lawyers about your alternatives. We wouldn’t charge you for your consultation but provide you with all the information and clarity you need to proceed with your case.
Get Legal Consultation from a Personal Injury Attorney Serving Fremont
Personal injury claims are serious matters when an innocent person has severe or catastrophic harm. If you want full and fair compensation, you’ll need professional knowledge and the capacity to present a compelling case in court.
If you want a trial lawyer and experienced litigator for a case involving serious personal injury, get in contact with us. We at Berry Law are seasoned trial attorneys that concentrate on cases involving personal injuries. Get a free consultation, discuss your case with us, and let us assist you with the legal obligations of your case.