Personal Injury Law in Lincoln, NE

Were you hurt due to another’s negligence in Lincoln? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Lincoln, NE can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Lincoln relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in Lincoln, NE

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

• Car Accidents
• Slip and Fall
• Dog Bites
• Medical Malpractice
• Workplace Accidents
• Burn Injuries

Most Common Injuries in Lincoln 

Data from 2014 from the Department of Health and Human Services shows 20,915 injury hospitalizations in Lancaster County. Unfortunately, crash data from the same department shows that the number of deaths due to accidents has increased since 2011. As a result of these incidents, the CDC published data from 2018 that says traffic crash deaths cost Nebraskans $349 million that year alone.

Steps in a Personal Injury Lawsuit in Lincoln, NE

Once you determine that you wish to proceed forward with a personal injury action in Nebraska

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

After you contact a lawyer in Lincoln and file a lawsuit, a series of events go into motion. However, most personal injury cases settle out of court, but only your attorney can advise you if this is in your best interest. If mediation fails to bring a solution, then a judge and jury decide who receives compensation for damages.

Nebraska Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

While there are no guarantees about how much you may receive, considering precedent can provide some starting points. For example, the Lincoln Journal-Star reported in 2019 that the police department settled an excessive force case for $110,000. As new lawsuits go through the system, this precedent can always change how the law interprets your case. U.S. News reported in 2021 about a woman disfigured by a rubber bullet during protests. Her lawsuit includes reimbursement for both physical trauma and First Amendment rights violations.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in NE, that means you risk not receiving any compensation at all.

Damage Awards in Nebraska

If your Nebraska personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

The Nebraska Legislature has not established a cap for damages in personal injury lawsuits. As a result, there’s potentially no limit to what a jury awards a plaintiff. There is one exception for medical malpractice suits, however. A court in Lincoln cannot award more than $2.25 million for this type of tort action.

Statute of Limitations in Lincoln, NE Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

Lincoln residents have up to four years from a qualifying incident to file a personal injury lawsuit. Attempts to receive reimbursement for injuries through civil action after this time may be denied.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Lincoln, NE Lawyer

Pursue a personal injury claim in Lincoln against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Nebraska state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!