Personal injury claims are governed by civil statutes and regulations at the state level. This means that different damages can be sought in each state. The assignment of liability and the methods for determining negligence in personal injury claims also vary from one state to the next.
While the laws governing personal injury claims in Nebraska are not extremely strict in terms of establishing “fault”, it can still be a challenge to prove the damages you’ve suffered. You must be able to show that you have suffered harm due to the negligent or intentional actions of another in order to receive financial compensation for the losses and expenses associated with your injury.
Nebraska is a “Comparative-Fault State”
Nebraska personal injury claims fall under a shared or comparative-fault system. In other words, you can still receive damages for an injury that you were partially responsible for as long as your degree of fault for your own injuries does not amount to any more than 49 percent.
In personal injury claims in the state of Nebraska, you can name multiple individuals or parties in your lawsuit; however, in doing so, you will be required to prove the level or degree of responsibility each holds for the injuries you’ve suffered.
Shared fault must be determined before compensation can be awarded. Each party in the claim will be required to pay a percentage of damages based on their level of fault in the case. In product liability claims, the manufacturer can be held entirely responsible for your injuries, minus any degree of fault you might hold for your own injuries.
Potential Damages for Personal Injury in Nebraska
Damages awarded in a Nebraska personal injury claim can include financial expenses and economic losses as well as compensation for physical and emotional pain and suffering. The type and amount of damages sought in a claim depend on the severity of your injuries and the other case-specific details.
Medical expenses are typically the biggest portion of the economic damages sought in Nebraska personal injury claims, but they are not the only financial losses that can be included in your case. If you’ve experienced other financial losses such as lost wages, expenses associated with hiring household help, or loss of future earnings, you can include these items in the damages you seek as well.
Non-economic losses, while more difficult to substantiate, can also be included in your claim. You must prove you have experienced pain and suffering as a result of your injuries. The legal system will attempt to assign an appropriate dollar figure to your pain and suffering in order to determine the damages awarded in your case.
A personal injury attorney familiar with handling cases in Nebraska will be able to educate you on the claims process. He or she will also be able to determine the damages you should seek.
Statute of Limitations for Personal Injury Claims in Nebraska
Every state has a statute of limitations for filing personal injury lawsuits. Nebraska has three separate statutes. For libel and slander lawsuits, the timeframe for filing is one year. For medical malpractice claims, the statute is two years. For all other personal injury claims, the state of limitations is four years.
Because there are time limits placed on personal injury lawsuits, it is advisable to hire an attorney and initiate the claim process as soon as possible. The statute of limitations begins as soon as you realize you’ve suffered an injury. In many instances, injuries are not immediately apparent. If the statute of limitations has expired, you may still be able to file for damages but you will need the assistance of an attorney familiar with handling exception cases.