Lincoln Car Accident Lawsuits: How Comparative Fault Affects Your Case
Nebraska recorded 231 traffic fatalities in 2023, an 18% decrease from the prior five-year average. Yet, thousands more are injured in car accidents across the state every year and seek out the assistance of a Lincoln car accident lawyer.
Nebraska is an at-fault state, meaning the responsible driver is liable for your damages. The legal process after a car accident can be complex, particularly when comparative negligence is involved in your Lincoln car accident claim.
If you were hurt due to someone else’s negligence, speaking with a Lincoln car accident lawyer is one of the most important steps you can take to protect your rights.
Nebraska’s Modified Comparative Negligence Standard
Before diving into how fault is calculated, it helps to understand the legal framework Nebraska uses, because it directly impacts how much compensation you can receive.
How the Comparative Negligence System Works
Nebraska follows a modified comparative negligence standard under Nebraska Revised Statute 25-21,185. In a comparative negligence system, each party involved in a car accident is assigned a percentage of fault.
Under Nebraska’s modified comparative negligence rule, you can recover compensation as long as you are less than 50% at fault for the accident. If you are found 50% or more at fault, you are barred from any recovery in Nebraska.
For example, if you sustained $100,000 in damages but are found 20% at fault, your compensation would be reduced by 20%, leaving you with $80,000. An experienced personal injury lawyer can work to minimize the fault attributed to you.
Proving Negligence After a Car Accident
Negligence is the legal foundation of most car accident claims in Lincoln. Proving it requires establishing the duty of care, breach, causation, and damages.
The accident claim is supported by evidence from the accident scene, witness statements, the police report, and medical records. Furthermore, a thorough investigation may also involve accident reconstruction specialists and analysis of distracted driving by negligent drivers.
Common Car Accident Injuries and Their Legal Impact
The severity of your injuries directly shapes what compensation you may pursue.
Types of Injuries Seen in Lincoln Car Accident Cases
Car accidents can cause a wide range of injuries, from soft tissue injuries and broken bones to traumatic brain injuries and spinal cord injuries. Even crashes that initially seem minor can lead to long-term complications and require extended medical treatment. Burn injuries represent another category of severe injuries seen in high-impact collisions.
However, the true impact of car accident injuries extends beyond physical pain, as accident victims often face lost income, emotional distress, and emotional trauma. They deserve fair compensation for every dimension of their suffering.
What Compensation Can You Recover?
Once liability is established, how much compensation you can recover depends on the strength of your evidence and the severity of your injuries.
In Nebraska, injured parties can seek compensation for both economic and non-economic losses. Economic damages include medical expenses, medical bills, lost wages, and property damage. Non-economic damages cover pain, suffering, and emotional distress.
Insurance companies and insurance adjusters are trained to offer quick, low settlements. They try to reach the settlement even before the full extent of injuries sustained is known. You must seek medical attention immediately after the crash, collect medical records from all medical providers, and consult personal injury attorneys before accepting any offer from insurance companies.
How Lincoln Personal Injury Lawyers Can Help
Skilled legal representation can make a measurable difference in your car accident claim’s outcome.
What a Car Accident Attorney Does for You
Lincoln personal injury lawyers investigate accidents, gather evidence, and handle insurer negotiations. A personal injury law firm with local knowledge can navigate the legal process more efficiently for your car accident case.
A Lincoln car accident lawyer can help you recover lost wages, cover medical expenses, and pursue compensation for all damages. Many personal injury law firms offer a free consultation and work on contingency, meaning you pay nothing unless you win.
A Lincoln car accident attorney with a proven track record handles personal injury cases across personal injury practice areas, including motorcycle accidents, truck accidents, and wrongful death claims involving motor vehicle accidents.
Nebraska’s Statute of Limitations and Key Deadlines
The statute of limitations for a car accident case in Nebraska is four years from the date of the accident. Missing this deadline means losing your right to file a Lincoln car accident claim entirely.
Personal injury cases also involve strict procedural deadlines beyond just the statute of limitations. A Lincoln auto accident attorney will ensure all filings are completed on time and all personal injury claims are properly documented.
Contact a Lincoln Car Accident Lawyer Today
Are you injured in a Lincoln car accident case involving multiple parties or comparative negligence disputes? Contact Lowe Law Group’s skilled attorneys. Our experienced attorney team at the Lincoln, NE office will listen to your personal injury case and give free advice.
Apart from free consultation, we offer a contingency-fee structure, which means you only pay when you win. As a trusted car accident attorney and auto accident lawyer serving lincoln ne, we fight for accident victims every step of the way.
