Personal injury law is an area of civil law that allows injured individuals to seek compensation for damages caused by the negligence or wrongful conduct of another person, company, or entity. Personal injury claims can arise from a wide variety of accidents and incidents, including car accidents, slip and fall accidents, medical malpractice, product liability, and more. If you have been injured in an accident that was not your fault, you may be wondering whether you have a personal injury claim. The first step is to contact a Bellevue personal injury attorney as soon as you’re able to discuss your options. Contact Knowles Law Firm today to schedule a free consultation.
Proving Liability in a Personal Injury Claim
To prove that someone else is responsible for your injury, you must prove that they were negligent. This includes establishing four elements.
Duty: The first element of negligence is duty. For someone to be held liable for negligence, they must owe a duty of care to the victim. The term “duty of care” refers to the legal obligation that one person has to take reasonable care to avoid harming another person. For example, in a medical malpractice case, you must prove that the other doctor owed you a duty of care. This is usually simple, as proving that a doctor-patient relationship existed will establish the duty.
Breach of Duty: The second element of negligence is a breach of duty. This occurs when the negligent party fails to uphold their duty of care. For example, if a doctor provider negligently fails to order appropriate tests or follow up on test results, leading to a delay in diagnosis or mistreatment, this could be a breach of their duty of care.
Causation: The third element of negligence is causation. For someone to be held liable for an accident, their actions must have caused the accident. This means there must be a causal link between the negligent party’s actions and the victim’s injuries or damages.
Damages: The fourth and final element of negligence is damages. For someone to be held liable for an accident, the victim must have suffered some type of injury or damage as a result of the accident. This could include physical injuries, emotional distress, property damage, or even lost wages.
Compensation for a Personal Injury Claim in Nebraska
If you’re successful in a personal injury lawsuit, you will typically be awarded economic and non-economic damages. Economic damages are financial losses directly attributable to an accident or injury. They include financial costs like medical bills, lost income, and damage to personal property. In contrast, non-economic damages are more challenging to quantify because they are not tangible losses. They include pain and suffering, emotional distress, and loss of enjoyment of life.
How Long Will it Take to Resolve a Personal Injury Claim in Nebraska?
The amount of time it takes to resolve a Bellevue personal injury claim can vary depending on the circumstances. If the parties are able to reach an agreement out of court, the process may only take a few months. However, if the case goes to trial, it could take years to reach a final resolution. In addition, the amount of time it takes to resolve a claim may also be affected by the availability of witnesses and evidence. Delays in gathering this information can extend the process. As a result, it is difficult to estimate how long it will take to resolve a personal injury claim without knowing the specifics of the case. While some claims can be resolved relatively quickly, others may take much longer to conclude.
The Knowles Law Firm Can Help You
We understand how difficult it is to find the right personal injury attorney. It is best if you find someone knowledgeable and dedicated, but also someone you can trust. Here’s why you should choose The Knowles Law Firm:
- We take all our cases on a contingency fee basis. If you don’t get paid, we don’t get paid. Initial consultations are always free.
- We take care of all communication with insurance companies and other parties that need to be notified or provided with information/documents.
- Because of our good reputation, when you hire us, defendants and insurance companies know that you’re serious and won’t try to take advantage of you.
If you have any questions about a possible claim, don’t hesitate to contact The Knowles Law Firm today to schedule a free consultation.