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If you file a personal injury lawsuit in Nebraska, you will encounter the legal theory of negligence. Negligence is the foundation for most civil lawsuits. As the injured party, it is your responsibility to prove negligence before you can recover financial compensation. A less common doctrine called negligence per se, however, may reduce your burden of proof and make it easier to achieve compensation. What Is Negligence? Negligence in personal injury law means that a person or party was careless and that this caused or contributed to an injury. Being careless means using a…

As the victim of a personal injury accident, you may not realize that you have certain duties of care. For example, you have a responsibility to mitigate your damages and losses as much as possible. If you fail to fulfill the duty to mitigate, you could receive a reduced payout from an insurance company – or a denied claim altogether. Learn more about your duty to mitigate to better protect your right to recover financial compensation in Nebraska. What Does it Mean to Mitigate Your Damages? Mitigate means to reduce or minimize. In personal…

If you get injured and file a personal injury lawsuit in Nebraska, you may be eligible to recover a category of damages referred to as pain and suffering. Pain and suffering is an umbrella phrase that refers to many different types of intangible or general losses connected to an accident. Knowing how pain and suffering is calculated in the Nebraska courts can help you understand the value of your lawsuit. What Are Pain and Suffering? The byproducts of an accident are not only financial. Some of the worst ways that an accident affects a…

Whiplash is a common injury suffered in traumatic accidents, such as car crashes and falls. It describes an injury to the muscles or tendons of the neck, such as a sprain or tear. Whiplash can be painful and debilitating, interfering with the victim’s range of motion. Several treatments are available for whiplash, however, and most patients make full recoveries. Rest There is no immediate cure for whiplash. Instead, treatments are designed to control symptoms and reduce pain while the muscles and tendons in the neck repair themselves. A patient may experience symptoms of whiplash…

Pedestrians are constantly at risk of getting hit by cars in a busy city such as Omaha. The Nebraska Department of Transportation reported 342 pedestrian accidents and 20 deaths in 2019 alone. Although pedestrians face many safety hazards, careless and reckless drivers are the greatest risks of all. Identifying the most common causes of pedestrian accidents can help you avoid an accident – or determine the cause of your accident if you’ve been hit by a car in Omaha. Distracted Driving Distracted driving is one of the most serious traffic accident risks in Nebraska….

If an accident involves a bump or blow to the head, it can cause severe injury and trauma to the brain. Brain tissues and fluids are sensitive to impacts and vulnerable to traumatic brain injuries. Immediate medical care can help prevent or mitigate the worst possible symptoms of a brain injury. Delaying medical care or leaving a head injury untreated, on the other hand, can lead to worsened and longer-lasting effects. Irreversible Brain Damage An untreated head or brain injury can lead to a much more severe diagnosis than the patient would have received…

A personal injury settlement can help you pay for the bills that came from an accident and move on with your life. A settlement is an agreement you make with an insurance company to accept a certain amount of money in exchange for releasing the company from further liability for your losses. Personal injury settlements are complicated legal matters that deserve attention from a Omaha personal injury attorney. How Much Is the Average Personal Injury Settlement? If you conduct an online search for average personal injury settlements, you will find pie charts breaking down…

Public places can be just as dangerous as private properties in Omaha, Nebraska for visitors and passersby. Public parks, sidewalks, buildings and structures must be appropriately maintained to reasonably prevent accidents and injuries. If the state or federal government – or one of its employees – is careless in fulfilling the accepted duties of property care, the government agency could be financially responsible (liable) for a related accident. Government Liability in Omaha, Nebraska The rules of premises liability hold property owners to certain duties of care. A duty of care is a legal obligation…

Slip, trip and fall accidents are some of the most common reasons behind emergency department visits in Nebraska. Slip and falls can happen anywhere, at any time – including in the workplace, at a store or business, in a public park, or right at home. If someone’s failure to adequately inspect and maintain his or her property contributed to a slip and fall accident, that person or party may be financially responsible for related injuries and expenses. Determining whether a victim has grounds to file a premises liability lawsuit in Omaha takes understanding the…

Tires are some of the most important parts of a motor vehicle. They are what connect to the road and allow a driver to maintain control of the vehicle. If a tire contains a product defect, this could compromise the safety and control of the entire vehicle – causing a car accident. Unfortunately, many manufacturers distribute tires with dangerous defects. Design Defects A tire defect is an issue with the product that makes it unreasonably dangerous for consumers to use. A tire defect can take many shapes and forms. One type is a design…