Omaha, NE- When you have been injured in traffic accident, a slip and fall accident, or by a medical malpractice, to name a few, you could be thinking about filing a personal injury claim. And you are within your rights to do so, and there are things you must understand about personal injury claims in Nebraska.
All states have what is referred to as a statute of limitations, which place time frame on the amount of time you have to file a personal injury claim. The statute of limitations for injury suits in Nebraska is four years—most states impose a two year limit. While the statute of limitations is longer than most states, it doesn’t mean you should delay your filing, when you act quickly you can present a stronger case.
Nebraska injury attorney Richard Rensch understands the importance of filing an injury claim in a timely fashion and will work diligently to prove negligence and gather any evidence that will strengthen your case.
If you are filing an injury claim against local or state government agencies which played a role in your accidental injury you must file your claim within two years.
When you file and injury claim against a company or individual, they can argue that you somehow played a role in the accident. Nebraska applies a “modified comparative fault” to some injury cases which limits the award you receive.
For instance, say you are attempting to make a right turn and you are rear-ended by another motorist, but you didn’t use your turn signal. Although that driver is responsible for hitting you, they can argue you played a role in the accident because you failed to indicate you were turning. A court can decide that you had some responsibility for the accident. At trial, the court could determine you are 15 percent responsible for the accident and the driver who hit you is 85 percent responsible. That means any resulting settlement from another driver will be 85 percent of your total injury claim, you are responsible for the remaining percentage.
If a court determines you are 50 percent or more responsible for you injury claim almost always drops to zero and you won’t receive any compensation.
There are a number of monetary damages you may be able to recover when you are injured which includes:
- Cost of medical care (present and future) which arise as result of your injury/injuries
- Cost of property damage
- Lost wages (present and future)
- Pain and suffering
- Emotional distress
- Wrongful death if you are a parent, spouse or child of the victim. Few states allow siblings or other distant relatives to sue for wrongful death
- Loss of companionship if you are filing a wrongful death claim
It is important to note that medical malpractice claims are capped at $1.75 million for all damages including medical costs, lost wages and other compensatory damages.
A successful personal injury suit is dependent upon the strength of your case. When you need a talented and experienced attorney, you can rely on Nebraska accident attorney Richard Rencsh to aggressively pursue your case and maximize your final settlement.