The Nebraska Department of Transportation’s (DOT) crash data shows that the majority (66.9%) of car accidents in this state result in property damage only, and only 0.6% of car accidents in 2019 were fatal. In between these categories, however, there are many injuries and varying degrees of injury.
If you were in an accident in Nebraska and the accident was not your fault, you might deserve to be compensated for your losses. You might have suffered property damage or an injury, or your loved one could have died because of the accident. No matter what the circumstances, you should not have to pay the expenses of an accident that was not your fault. The negligent driver might owe you compensation for your pain and suffering, as well.
When you suffer injury or other losses in a car accident in Nebraska due to another person’s negligence, you have several avenues for pursuing compensation. The Nebraska car accident lawyer at Pintas & Mullins Law Firm may be able to help you recover payment for your suffering. To schedule a free consultation at no obligation and learn more about how we can assist you, call the Pintas & Mullins Law Firm team at (800) 223-5115.
How to Get Compensation After a Car Accident in Nebraska
If you get into a car accident, there are several ways that you might be able to recover compensation for your losses. Nebraska follows a fault-based system, so whether you choose to go only through the car insurance system or you want to pursue legal action after your accident, the cause of the accident will play a large part in your ability to receive payment.
Nebraska uses a modified comparative negligence rule for determining the right to compensation. According to Nebraska Revised Statute 25-21, 185.09, a claimant’s right to receive damages for an injury is diminished proportionately by their contribution to the injury. For instance, if you partly contributed to causing the accident, the compensation you can receive will be reduced by the percentage of your fault. So if you are 15% at fault, you would only be eligible to receive 85% of the award. Additionally, in order to be eligible to receive compensation, your portion of the fault has to be less than the fault of the other person or people involved in the accident.
Thus, determining who bears the fault for your car accident is essential to pursuing compensation for it. If you were entirely or mostly at fault for the accident, your recourse for compensation would be through your own car insurance coverage. If someone else was at fault for the car accident, there are several ways you may be able to recover compensation:
- File a claim with the at-fault driver’s insurance provider. They should compensate you for medical bills and vehicle repairs or replacement.
- File a claim with your own insurance provider. They will most likely reach out to the at-fault driver’s company to subrogate the claim. If the at-fault driver is uninsured, you may be able to receive compensation through your own provider, depending on the details of your policy.
- File a personal injury lawsuit against the at-fault driver to sue for compensation for your own injuries and associated losses.
- File a wrongful death lawsuit against the at-fault driver to sue for compensation for the death of your loved one.
Pintas & Mullins Law Firm is here to help you when you suffer in a car accident because of someone else’s negligence. We can advise you of your legal options and help you determine the best course of action for getting the payment for the losses that you deserve. Our Nebraska car accident lawyer and the rest of our team are dedicated to pursuing justice.
Damages You May Be Able to Recover
When someone else causes you to suffer through their negligence, you may be able to pursue both economic and non-economic damages through a civil lawsuit. These losses include:
- Property damage costs, such as vehicle repairs, vehicle replacement, rental car costs, and the value of other property damaged in the car accident, such as a laptop or watch
- Present and future medical costs for injuries you suffered in the accident
- Present and future income you lose because of the accident
- Funeral costs if your loved one died in the accident
- Pain and suffering compensation for both physical and mental pain
- Emotional distress for the stress and trauma of the accident
- Loss of companionship if the accident affected your ability to interact with your loved ones
How Nebraska Statutes of Limitations May Affect Your Case
A statute of limitations is a time constraint that limits when you can take legal action for a wrongful event. The statute of limitations for cases involving personal injury and property damage for car accidents is four years from the date of the accident, according to Nebraska Revised Statute 25-207. If you want to file a wrongful death lawsuit, you have two years from the date of your loved one’s death, according to Nebraska Revised Statute 30-810.
How Pintas & Mullins Law Firm Could Help You
Our Nebraska car accident lawyer and the rest of our team at Pintas & Mullins Law Firm want to help you receive the compensation you deserve after a car accident that was not your fault. To establish who was at fault and show your right for recompense, we might:
- Collect video footage of the accident
- Collect photos of the scene of the accident and the damaged vehicles
- Analyze evidence at the scene, such as tire marks
- Find and interview eyewitnesses for their statements
- Obtain and review police reports of the accident
- Obtain and review your medical records to prove your suffering
- Identify the types and amount of damages you may be able to recover
After investigating the circumstances of your accident, we can negotiate with insurance providers on your behalf or file a lawsuit for you in civil court. Although most personal injury cases settle outside the courtroom, we will argue for you in front of a jury if necessary.
At Pintas & Mullins Law Firm, we work on contingency. This means that you will never owe us any fees unless we can earn a settlement for you. To find out how we might be able to assist you and set up a free consultation, call us today at (800) 223-5115.