An Omaha personal injury will be able to make the entire process of filing an Omaha personal injury claim much less stressful tan if you handled it on your own. An Omaha personal injury lawyer will have experience handling personal injury claims and so will be able to help you prepare as effectively as possible for your claim, in order to give you the best chance of receiving compensation for your injuries.
Omaha personal injury law involves civil claims where a person has been injured through the recklessness, intentional misconduct or negligence of another person, health care facility or a company. A personal injury claim may arise from psychological or physical injuries. Personal injury law covers what makes up an injury and sets up the circumstances under which an individual may be held liable for the injury of another. Accidents can happen anytime but can be prevented if each individual does not act carelessly and respects their duty of care to other individuals.
Omaha Personal Injury Cases Personal injury cases usually arise when a person is injured due to another’s negligent behavior. The most common claim in these cases is negligence. Car accident cases are frequently based on the premise that the defendant was negligent. A usual formula for evaluating negligence under Omaha personal injury law requires a plaintiff to prove the following elements by a preponderance of the evidence:
- The defendant owed the claimant a duty of care
- The defendant violated that duty
- The plaintiff suffered an injury because of the defendant’s breach of duty
- The plaintiff suffered damages as an outcome of the defendant’s misconduct
In some circumstances, defendants are responsible for negligence due to the operation of law and not because they directly harmed the other party. This could mean that a hospital may be held liable for an injury that was caused by just one nurse. In other words, employers may be held liable for injuries or damages caused by employees during work.
Omaha Personal Injury Damages Under Omaha personal injury law, damages in personal injury cases may include past, current and future medical expenses, lost wages, pain and suffering, mental anguish and loss of consortium. There is no precise amount of damages set for any personal injury case. The total value of monetary compensation that one may obtain will depend on several factors and these include the severity of the injury, how long the injury would last and how much time the injured person has lost from work. An Omaha personal injury lawyer can help you evaluate your claim and see what level of compensation you should rightfully be awarded.Modified Comparative Negligence Figuring out who was at fault is a matter of discovering who acted carelessly. There are cases when the claimant is also found to be at fault. Under Omaha personal injury law, the city follows a system using the modified comparative negligence 50 percent rule. If an injured party is found to be 49 percent or less responsible for his injury, he may recover damages but at a reduced amount, which will be based on the degree of his fault. No damage award can be recovered if the claimant’s fault level reaches 50 percent or more. This is how the modified comparative negligence rule works in the city of Omaha and the entire state of Nebraska. An Omaha personal injury lawyer can help you identify who to name as a defendant in your claim and can establish the level of liability each person involved in the accident has.
Modified Joint and Several Liability A modified joint and several liability approach is only followed by Omaha courts in entering judgment against several defendants. This approach is only applied when addressing economic damages or in personal injury cases where the defendants are found to have acted jointly to cause harm or injury to another.
Omaha Personal Injury Lawyer If you feel that you have a valid personal injury claim and deserve to be compensated, you should speak with an Omaha personal injury lawyer as soon as possible after your accident. An Omaha personal injury lawyer will examine the facts of your case and, if he/she agrees that you have a valid claim, will guide you through the entire claim process. You will find that the skill and experience of an Omaha personal injury lawyer will be of great benefit to you and your claim, putting you in the strongest position possible to be awarded compensation.