Understanding Comparative Negligence in Nebraska Personal Injury Cases

Understanding Nebraska’s Comparative Negligence Law

Nebraska’s comparative negligence law is a cornerstone of personal injury claims in the state. This law allows injured parties to recover damages even if they bear some responsibility for the accident. Under the modified comparative negligence system, the compensation you receive is reduced by your percentage of fault. For instance, if you are found to be 30% at fault for an accident, you can still recover 70% of your total damages. However, if your fault exceeds 50%, you are barred from recovering any damages. This system ensures that while you can still seek compensation for your injuries, it is proportionate to your level of responsibility in the incident.

Most accidents are often more complicated than they seem. For example, road conditions, signage, and driver behavior play a role in car accidents. Therefore, in many personal injury cases, multiple parties share responsibility, even the injured victim. If this is the case for you, you may wonder if you can still receive compensation for your losses. When your injuries are caused by someone else’s negligence, you have the right to seek compensation. With Nebraska’s modified comparative negligence system, you may still recover damages if you are under 50% at fault for the accident.

At Knowles Law Firm, we understand the laws that may apply to your Nebraska personal injury claim, including comparative negligence. With our 55 years of experience and commitment to excellence, you can rely on us to fight for your rights and a fair settlement, even if you are partially responsible for your injuries. With our personalized and client-focused approach, we create a plan tailored to your unique needs that gives you the best chance of achieving a successful outcome.

What Is Comparative Negligence and How Can It Impact Your Nebraska Personal Injury Claim?

Nebraska uses a modified comparative negligence system when multiple parties are responsible for a personal injury case. Under this rule, each party involved receives a percentage of fault which is later deducted from their respective damages. However, those over 50% responsible cannot collect any damages at all. Additionally, the concept of claimant’s contributory negligence means that any contributory negligence attributed to the claimant can reduce the damages awarded but does not completely bar recovery unless the claimant’s negligence is equal to or greater than the total negligence of those being sued.

For example, if you are 20% responsible for a bicycle accident, and your claim is worth $300,000, your compensation will be reduced by 20% to $240,000. While this system benefits those who share a portion of the blame for their personal injury case, insurance companies often do anything they can to assign you an unjust percentage of fault.

Our knowledgeable lawyers understand how to negotiate with insurance companies to increase your chance of receiving a fair settlement. We thoroughly investigate the incident, gather evidence to build a strong claim, and ensure you do not receive an unfair fault percentage.

How Comparative Fault Works in Nebraska

In Nebraska, the concept of comparative fault plays a crucial role in determining the outcome of personal injury cases. The court assigns a percentage of fault to each party involved based on the evidence presented. This percentage directly impacts the amount of compensation each party can receive. For example, if you are awarded $100,000 in damages but are found to be 40% at fault, your compensation will be reduced to $60,000. This system is designed to ensure that each party is held accountable for their actions and that the compensation reflects the true extent of each party’s responsibility. By understanding how comparative fault works, you can better navigate your personal injury claim and strive for fair compensation.

Contributory Negligence in Nebraska Personal Injury Claims

Contributory negligence is a pivotal concept in Nebraska personal injury claims. It refers to the plaintiff’s own actions that may have contributed to their injuries. Under Nebraska law, if your contributory negligence is equal to or greater than the defendant’s, you are barred from recovering any damages. However, if your fault is less than the defendant’s, you can still recover partial compensation. For example, if you are found to be 30% at fault and the defendant is 70% at fault, you can recover 70% of your damages. This principle ensures that while you may bear some responsibility for your injuries, you can still seek compensation if the defendant’s fault is greater.

The Impact of Comparative Negligence on Car Accident Cases

Comparative negligence significantly impacts car accident cases in Nebraska. If you are partially at fault for a car accident, your compensation will be reduced by your percentage of fault. For instance, if you are found to be 20% at fault and the other driver is 80% at fault, you can recover 80% of your damages. However, if you are found to be 50% or more at fault, you will be barred from recovering any damages. Understanding how comparative negligence works in car accident cases is essential to ensure you receive fair compensation for your losses. This knowledge can help you navigate the complexities of your claim and work towards a favorable outcome.

What Damages May You Recover for Your Nebraska Personal Injury Case?

Personal injuries can have a physical, emotional, and financial impact on your life. Even if you were partially responsible for your injuries, you may still receive compensation for these losses with Nebraska’s comparative negligence statute. Understanding negligence claims under Nebraska laws is vital, as they dictate how fault is assigned and impact your ability to recover compensation. Depending on the severity of your injuries and other unique details of your case, you may recover the following damages:

• Past, present, and future medical bills
• Lost wages from missed work
• Loss of earning capacity
• Ambulance ride
• Prescribed medications
• Physical therapy and rehabilitation
• Pain and suffering
• Disability or disfigurement
• Loss of consortium
• Emotional distress
• Reduced quality of life

While the economic damages, like medical bills and lost wages, are relatively straightforward to calculate, non-economic damages, such as pain and suffering, are more complex. We consider every detail and use your medical bills, invoices, receipts, pay stubs, tax returns, and personal statements to accurately determine your claim’s value. Our skilled team also considers comparative negligence when navigating your personal injury claim to ensure the other party does not unfairly blame you for the accident to avoid paying you compensation for your losses.

Need Help With Your Nebraska Personal Injury Claim? Contact the Reputable Team at Knowles Law Firm Today

Navigating a personal injury claim and modified comparative negligence in Nebraska can be confusing, especially when multiple parties share fault in a personal injury case. At Knowles Law Firm, we bring 55 years of experience and a client-focused approach to fight for your rights and ensure a fair settlement. Our deep understanding of Nebraska’s laws and dedication to each client’s unique needs set us apart in handling personal injury claims effectively. We offer a free consultation to discuss your case with an attorney and provide the legal guidance you need.

At Knowles Law Firm, our commitment to excellence has resulted in numerous multi-million dollar settlements for our clients. Our personalized approach ensures you receive the attention and care you deserve, helping you understand your rights and options throughout the legal process. Understanding the party’s negligence is crucial in personal injury claims as it can significantly impact your compensation. We work diligently to move cases forward so you can focus on recovery. Contact us at (402) 431-9000 or fill out a contact form to schedule a consultation and take the first step toward securing the compensation you deserve.