Personal injury cases are based on tort law, instances when the negligent actions of one party result in harm to another. These cases are conducted in civil court rather than criminal court, and a personal injury attorney plays an invaluable role in helping a victim receive compensation for medical treatment, lost wages, property damage, and pain and suffering.
Auto accidents are a common type of personal injury case, because a driver is required to exercise reasonable care when operating a vehicle, and failure to do so is considered negligence. When it’s determined one person’s negligence caused injury to another, the victim has a right to pursue financial compensation for their losses.
The first step is to file a claim with assistance from a car accident injury attorney. Under Nebraska law, you have the right to pursue a third-party claim against the defendant’s insurance company. Facts of the case are gathered, witnesses are questioned, and requested information is exchanged between parties. A personal injury attorney will represent the victim in court or negotiate a settlement if the facts of the case show the defendant breached their duties and caused harm to the plaintiff.
There are several reasons an injured party may have their claim denied. Participants often are required to sign a no-fault release agreement before participating in a risky activity like skiing or skydiving. If the plaintiff was injured while engaging in actions that are obviously or inherently dangerous, the case could be dismissed due to assumption of risk.
Under the terms of contributory negligence, a jury may determine the plaintiff was partly responsible for the accident and decrease the damages awarded. If they find the plaintiff’s actions contributed to 20% of the accident, the victim would be compensated for only 80% of the damages. In Nebraska, this proportion of liability assigned to the plaintiff must be less than 50% for receipt of compensation.
Before pursuing a claim, it’s essential to meet with an accident injury attorney. They will evaluate the validity of your case and help you determine the best way to proceed.
Were you injured as a result of the negligence or recklessness of another party? Pursue the compensation you deserve with the assistance of a personal injury attorney. Salerno & Associates has been a trusted advocate for Omaha-area injury victims for over 30 years and will provide the representation you need. To schedule a consultation, call (402) 502-9002 or contact them online.