When suffering injuries due to accidents in Nebraska, most individuals consider how much money they stand to recover before filing a personal injury claim. It’s an important consideration – after all, individivuals need to know whether it’s even worth pursuing legal action before filing a suit. Their medical costs may number in the millions of dollars, and they may have missed many thousands more in lost wages. It is logical to figure out whether a settlement can even cover these damages, especially if you’re about to embark on the long, arduous, stressful, and expensive process of filing a personal injury lawsuit. Although there are many factors that could impact the amount of compensation a plaintiff can receive in Nebraska, some of the most universally-applicable are the damage caps that exist in the Cornhusker State.
What are Damage Caps?
As the name suggests, damage caps represent the maximum amount of compensation you can receive for injuries after an accident. As is the case with virtually every other aspect of American law, each state handles damage caps in its own unique manner. Some states impose strict damage caps on plaintiffs, while others have no damage caps whatsoever. That being said, the federal government does have some control over how damage caps are handled across the nation. According to federal law, plaintiffs cannot recover more than $250,000 for medical malpractice claims. Damage caps are quite strict, and even the most inventive and shrewd attorneys cannot circumvent them in most circumstances.
What are the Damage Caps in Nebraska?
If you have been injured in an accident, you might feel reassured to hear that there are virtually no damage caps present in Nebraska. This type of situation is extremely rare, especially in the case of non-economic damages. These are damages that do not have a fixed dollar amount associated with them, such as pain and suffering or loss of companionship. As you might expect, these damages are extremely open-ended, and it is up to the jury to decide what they’re worth. For this reason, most states put limits on how much a plaintiff can receive. Nebraska does not, which means that there is theoretically no limit to how much money you’ll receive as a result of your lawsuit – especially if you can prove significant non-economic damages.
The only exception has to do with medical malpractice claims. Nebraska does limit your ability to receive compensation in this situation. Prior to 2003, the cap was at $1.25 million, although it has since risen to $2.25 million. However, this isn’t really relevant if you have been injured in a normal accident.
Enlist the Help of a Qualified Attorney Today
If you have suffered injuries as a result of someone else’s negligence and you’re curious about how much compensation you stand to receive, you should consult with a qualified personal injury attorney as soon as possible. From Abbott to York, attorneys across Nebraska are standing by to assist you. Seeking justice and a fair settlement isn’t always easy, but the process becomes much more straightforward when you enlist the help of a legal expert.