Nebraska personal injury law FAQs

Omaha, NECar crashes are the most common reason to file a personal injury claim in Nebraska, but you can also seek damages if you were injured in other types of accidents caused by someone else’s negligence. Other common types of personal injury cases involve medical malpractice, product liability, slip and falls, or nursing home abuse.

Here are a few of the most frequently asked questions accident victims have.

What is the comparative negligence rule?

Nebraska follows a modified comparative negligence rule, which means that the damages awarded to an accident victim will be reduced if they are found to be partially to blame for what happened. Keep in mind that if you are found to be over 50% to blame you are barred from recovering damages. If you know you were somewhat to blame, make sure you don’t talk to the insurance company before consulting with an experienced Omaha personal injury lawyer.

Do I still have a personal injury case if I don’t feel hurt after the accident?

This is one of the most common mistakes accident victims make. They do not feel particularly bad in the aftermath of the accident and they don’t seek medical attention. What you need to understand is that the shock of a car accident will send a rush of adrenaline coursing through your veins. Adrenaline has the ability to mask pain and you may not realize that you have a back or neck injury. The symptoms may take a few days or weeks to appear. The problem is that the longer you wait to seek medical attention the harder it will be to convince the insurance adjuster that your injury was caused by the accident and not something else.

What if I had a pre-existing condition? Can I still file a personal injury claim?

You most certainly can. For instance, if you already had a bad back, at the very least you can hold the other party accountable for aggravating your condition. However, make sure you don’t allow the insurance company to access your medical file. If you do that, a ruthless insurance adjuster will immediately claim that the pain you complain about is caused by the pre-existing condition and has nothing to do with the accident, so you don’t deserve any damages. To protect your interests, talk to a good lawyer and have them refer you to an independent medical expert.

Do I have to go to trial? 

Not necessarily. Contrary to what you may think, getting a lawyer doesn’t mean you’ll be going to court. Personal injury lawyers prefer to settle a claim through negotiations with the insurance company. Showing up with an aggressive lawyer by your side will be enough to convince the insurance people it’s best to settle rather than risk going to court and losing. 

On the other hand, if the party responsible for your accident doesn’t have enough insurance liability you may have to sue them.

How long will it take to settle my personal injury claim?

Each case is unique and there’s no one-size-fits-all type of answer to this question, but it will be months before your lawyers reach a settlement with the insurance company. If you were severely injured and sustained considerable financial losses you can expect the insurance company to fight you for every penny. Fortunately, the statute of limitations for accident-related personal injury claims is four years in Nebraska, so you have plenty of time to file a lawsuit if you cannot reach an agreement. 

If you were recently injured in a car accident in Nebraska, schedule a free consultation with a knowledgeable attorney at the Rensch & Rensch Law firm, with offices in Omaha and Columbus. Their attorneys work on a contingency fee basis, so you don’t owe them anything unless they win your case.

Contact info: 

Rensch & Rensch Law

Toll-free: 800-471-4100 

Omaha office:

7602 Pacific St #102, Omaha, NE 68114

Columbus office:

1470 25th Ave, Columbus, NE 68601