Personal Injury Law in Omaha, NE

Were you hurt due to another’s negligence in Omaha? 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 Omaha, 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 Omaha 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 Omaha, 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 Omaha 

Deaths due to injury made up 6% of total deaths to Nebraskans according to data from the  Nebraska Department of Health and Human Services. In addition, death rates from falls are relatively low for Nebraskans. Until the age of 65 years, when fall-related injury death rates begin to rise dramatically. In Omaha and across the state, unintentional motor vehicle crashes and suicide were the leading causes of injury death.

Steps in a Personal Injury Lawsuit in Omaha, 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.

The first step in filing a lawsuit in Omaha, is consulting with your attorney, and filing a claim form with the Nebraska courts. The defendant will be notified, and accept your claim, or  file a counterclaim and enter the evidence exchange process. Then you will enter mediations and either come to a settlement outside of court, or move on to trial.

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.

In Nebraska, and especially in cities like Omaha, motor vehicle accidents are the #1 cause of injury. Typically, motor vehicle accidents see higher personal injury settlements due to the fact there is often damage to personal property, or multiple people are injured as a result of an accident. However, not all personal injury cases involve motor vehicle accidents and as a result, the Nebraska Judicial Branch is hesitant to state an average for settlements.

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. In order 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. 

For an average personal injury case in Omaha, Nebraska law does not impose any caps on any type of damages.

Statute of Limitations in Omaha, 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.

Nebraska statute of limitations dictates that you have four years from the date of your injury in Omaha to file a relevant suit.

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 Omaha, NE Lawyer

Pursue a personal injury claim in Omaha 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!

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