Nebraska Personal Injury Law; What To Do If You Are Involved In An Accident.
By Barb Parchal, Partner, Smith Pauley LLP
When it comes to personal injury claims in Nebraska, it's important to understand the key aspects of the process. In Nebraska, personal injury claims are subject to a statute of limitations, which means that there is a limited time period within which you can file a claim after an accident or injury. It's crucial to act promptly to protect your rights.
To pursue a personal injury claim in Nebraska, you generally need to establish that another party was negligent or at fault for your injuries. This involves proving that the other party owed you a duty of care, that they breached that duty, and that their breach directly caused your injuries and resulting damages.
In Nebraska, personal injury claims can arise from various incidents, such as car accidents, slip and falls, medical malpractice, product liability, and more. It is advisable to consult with a personal injury attorney who is well-versed in Nebraska law to guide you through the legal process and ensure your rights are protected.
Nebraska car accident laws aim to provide a fair and efficient resolution for those involved in car accidents. Here are some key points to understand:
Fault-Based System: Nebraska follows a fault-based system for car accidents. This means that the party responsible for causing the accident is typically held liable for the resulting damages.
Comparative Fault: Nebraska employs a comparative fault rule, meaning that the compensation awarded to an injured party may be reduced if they are found partially at fault for the accident.
Reporting Requirements: Nebraska law mandates reporting accidents to law enforcement if they result in injury, death, or property damage exceeding $1,000. Additionally, parties involved in an accident must exchange relevant information, such as names, contact details, and insurance information.
If you find yourself in a car accident, here are a few important steps to take:
1. Stay calm: It's essential to stay calm and composed to handle the situation effectively.
2. Call the authorities: Report the accident to the police, even if it's a minor one. They will create an accident report, which can be useful for insurance purposes.
2. Call the authorities: Report the accident to the police, even if it's a minor one. They will create an accident report, which can be useful for insurance purposes.
3. Check for injuries: First, make sure you and any passengers are okay. If anyone is injured, call emergency services right away.
4. Move to a safe location: If possible, move your vehicle to the side of the road or a safe area to avoid further accidents or traffic congestion.
5. Exchange information: Exchange contact, insurance, and vehicle details with the other parties involved in the accident. Note down their names, phone numbers, license plate numbers, and insurance information.
6. Document the scene: Take pictures of the accident scene, including the damages to all vehicles involved. This evidence can be helpful during the insurance claim process.
7. Gather witness information: If there were any witnesses to the accident, try to get their contact information as well. Their statements can support your version of events if needed.
8. Notify your insurance company: Contact your insurance provider as soon as possible to report the accident and begin the claims process. They will guide you on the necessary steps and documentation required.
9. Seek medical attention: Your health and well-being should be your top priority. Make sure to get proper medical treatment for your injuries. This will not only help you recover but also provide documentation of your injuries.
10. File a claim with the insurance company: Notify the responsible party's insurance company about your injuries and intent to seek compensation. Provide them with the necessary information, such as medical records, bills, and other supporting documents. Be prepared to negotiate with the insurance company, as they may try to settle for a lower amount.
11. Statute of limitations: Be aware of the statute of limitations for personal injury claims. In Nebraska, generally, you have four years from the date of the injury to file a lawsuit. Each state has its own statute of limitations period.
Key Takeaways
It is important to prioritize safety and follow any additional guidelines provided by local laws or authorities.
Remember, every case is unique, and the outcome of a personal injury claim depends on various factors. Seeking legal advice from a qualified attorney will help you understand the strengths and weaknesses of your case and provide you with the best possible chance of obtaining fair compensation for your injuries and losses.
Barb is a partner at Smith Pauley. She brings a client-centered focus to her work in the areas of corporate law and business & succession planning. Barb takes pride in always placing her clients’ best interests first and is relentless in anticipating the “what if” scenarios when drafting or reviewing contracts. Her primary goals are to protect her clients and help them achieve their goals. With her extensive experience and proven expertise, she helps clients navigate complex issues and creates personalized plans that produce their desired outcomes.