If you’ve been injured or had your car damaged in a collision, a car accident attorney can help you recover damages, especially if the insurance companies involved are being uncooperative. But before you start this process, it’s good to have an idea of how it will go. Here’s what you should expect from a car accident lawsuit for personal injury or wrongful death, and how you can prepare.
What You Should Know Going In
1. What You Need to Prove
In Nebraska, the party at fault in the accident is responsible for the damages, so your car accident attorney will need to prove it was the other driver who caused the accident. You’ll also need to prove the extent of your damages, including medical bills and repair costs.
2. How Fault Will Be Determined
There are a few specific standards for holding the other driver liable. Your lawyer will need to show either that they were driving in an unsafe or illegal manner, that the driver was intoxicated or incapacitated, or that there was something wrong with their car which caused the accident.
3. How Proceedings Will Go
You may be able to settle your claim out of court after participating in negotiation with the other parties. However, if the claim goes to trial, both you and the defendant will have the opportunity to present your evidence and arguments before a jury who will decide the merit of your claim.
4. What Payout to Expect
When you present a personal injury claim, you may receive payment both for financial and non-financial damages. Financial damages include medical bills, lost wages, and property damage. Non-financial damages include payment for pain and suffering as well as loss of companionship.
5. The Effects of Shared Fault
If you and the other driver are both partially at fault, this will affect the compensation you can expect to receive—and may even make you liable for your opponent’s bills. For example, if you are found to be 20% at fault, you will be responsible for 20% of your costs and your opponent will only need to repay 80%. If the court determines you are 50% at fault or more, you are not entitled to any compensation—and if you are more at fault than the other party, you can be sued for a portion of their costs.
By knowing what to expect from your car accident case, you can give yourself the best chance of a successful suit. For over 40 years, Cada Cada Hoffman & Jewson has provided Lincoln, NE, and the surrounding residents with sound legal advice for their personal injury cases, estate planning, and business needs. If you’re looking for a car accident attorney, their experienced lawyers are the perfect choice to help you move forward with your case. Call them today at (402) 477-2233 for more details and to develop a strategy for your case. Contact them online to schedule a consultation.