Alliance Car Accident Lawyer

Alliance Car Accident Attorney

Car accidents occur every day, causing catastrophic damage around the country, and Alliance, NE, is no exception. If you or a family member has been injured in a car collision or suffered subsequent damages, consider speaking with an Alliance car accident lawyer about your accident.

Island Law Office, PC, LLO serves clients throughout the Nebraska panhandle, providing informed assistance with their personal injury claims. We handle a variety of different accident cases, such as animal attacks, motor vehicle accidents, and slip-and-falls. In addition, we assist the families of wrongful death victims.

Recovering Damages With a Car Accident Claim

If you were in a car accident, there’s a fair chance that the other driver was negligent, leading to the collision and your subsequent injuries. Nebraska allows injured individuals to file a civil case against the person responsible for bodily harm and the other damages that followed. If the court agrees with your injury claim, you’ll be able to recover your economic and non-economic damages.

Nebraska does not place damages caps on personal injury claims, except for cases of medical malpractice. You can file your injury claim with your county’s judicial district court, or if your injury and other losses are relatively minor (meaning you don’t expect to request or receive more than $3,900 in damages), you can choose to file with a small claims court.

However, many injury cases involving car accidents are worth more than that amount, especially with moderate physical injuries. Therefore, it’s ideal to consult with your legal counsel beforehand to know how much you may be entitled to.

Economic Versus Non-Economic Injury Damages

Economic damages, also called special compensatory damages in NE, are objective and itemized costs that are directly associated with your accident. These include any related (within reason) past and future medical costs, loss of income, lost earning capacity, damaged personal property (e.g., vehicle damage), including the cost to repair or replace said property, the cost of acquiring substitute domestic services (e.g., childcare), and funeral/burial costs in cases of wrongful death.

Non-economic damages, or general compensatory damages, are subjective and must be assigned a dollar amount by the court. Examples of these damages include past and future bodily pain, emotional distress, mental suffering, inconvenience, humiliation, loss of companionship or society, and injury to the person’s reputation. Nebraska also allows the spouse of the injured party to claim loss of consortium with their spouse (affection, love, guidance, advice, etc.).

Shared Fault and Modified Comparative Negligence in NE

Within personal injury claims, particularly in traffic accident cases, it’s very common for the defendant’s legal representation to argue that the injured party was partially responsible for the accident and, thus, their injuries and damages. If the court agrees and finds that you were partly at fault for the incident, the proceedings will follow the doctrine of comparative negligence.

Nebraska abides by the concept of comparative negligence in injury claims where more than one party shares responsibility. More specifically, NE law follows modified comparative negligence. This means that as long as you’re determined to be less than 50 percent at fault for the accident, you may still recover your damages, although the amount will be reduced by the percentage you were found to be liable.

For example, if you’re determined to be 40 percent responsible for the incident, you can still receive compensation for 60 percent of your total damages. If the court finds you to be 50 percent or more at fault, you are barred from receiving any compensation for your losses.

FAQs

Q: Is Nebraska a No-Fault Accident State?

A: No, Nebraska is a “fault” state for car accidents rather than “no-fault,” meaning the person who was at fault for causing the traffic incident is responsible for any losses that it caused, including injuries and car damage. The state requires all motorists to have insurance to help pay for damages in these instances, but there’s usually a limit; any outstanding damages to the injured party allow them to take legal action and pursue further compensation.

Q: What Is the Statute of Limitations on a Car Accident Injury in NE?

A: The statute of limitations for most personal injury claims in Nebraska, including car collision injuries, is four years from the date of the accident. If there is a delayed discovery of sustained bodily harm, which only applies to some cases, the statute of limitations will begin from the date of discovery. However, the total time limit may be subject to reduction.

It’s important to begin your case early since once the deadline passes, you’re prohibited from pursuing compensation for damages.

Q: Can the Deadline for an Injury Claim Be Extended in Nebraska?

A: In Nebraska, the time limit for an injury claim may be extended if the injured party is considered “legally disabled,” meaning unfit to attend to their own affairs. The statute of limitations will begin once they have obtained proper help and supervision from a parent or guardian or once they meet the criteria to be legally abled. An injured person is exempt from the standard statute of limitations if they are younger than 20 years old, imprisoned, or suffer from a mental disorder.

Q: Is Leaving the Scene of an Accident a Felony in Nebraska?

A: Yes, leaving an accident scene is a felony in Alliance and throughout Nebraska. All motorists must stop if involved in a collision where somebody may have been injured or killed. They must also exchange information with the involved parties and provide reasonable help to those injured, if any.

If a driver left an accident where someone sustained less than serious bodily injury, it is still a Class IIIA felony; if anyone was seriously injured or killed, it is then a Class III felony.

Consult With an Alliance Car Accident Lawyer About Your Injury

With Attorney Bell Island and his team at Island Law Office, PC, LLO, your injury case is in good hands. Our skilled car accident attorneys are qualified and passionate about ensuring each of our clients obtains the settlement payout they’re entitled to. Contact our office today to schedule a consultation with a knowledgeable law professional. We can listen to your story and inform you of the available legal options.