A car accident is a frightening and damaging event. It can cause physical and emotional injuries that stay with you for a long time. If you and your family are dealing with serious injuries, expensive medical bills, property damage, lost wages and other losses after a motor vehicle accident, contact the Lincoln car accident attorneys at Knowles Law Firm. We can help you move forward. Request a free consultation today.
Why Choose Knowles Law Firm
- Our legal philosophy is to always make the client our top priority.
- We will fight for the best possible case results on your behalf.
- Our Lincoln personal injury attorneys work on a contingency fee basis, with no fees upfront.
- We have years of professional experience in personal injury and auto accident law.
- Our law firm has maintained an excellent reputation throughout Nebraska over the years.
A Lincoln Car Accident Attorney Can Help With the Legal Process
If you’re unsure whether or not to use a car accident attorney during the claims process, look at the severity of your injuries. Insurance companies often underestimate the true worth of cases that involve serious injuries. If you need a fair award to pay for past and future medical care as well as other losses, a Lincoln car accident lawyer can help you fight for the financial compensation you need.
If you are involved in an accident with a truck, on the other hand, please reach out to our Lincoln truck accident attorneys to help with your case.
Don’t Speak With Insurance Companies On Your Own
One of the primary ways a car accident lawyer can help you is by dealing with insurance companies on your behalf. You should remember to never admit fault to an insurance company, and quite frankly, it’s wise to not even speak with the insurance company until you speak with an experienced personal injury lawyer. Insurance companies are out only for themselves. They will attempt to pay out as little money as possible to protect their bottom line. When you speak to them without a lawyer, they may assume they can take advantage of you because you don’t know what you’re doing and don’t fully understand how the process works. The simple act of hiring a lawyer will force the insurance company to take you more seriously and to think twice about offering you less than what you’re truly entitled to.
Nebraska Is an At-Fault State
After an auto accident in Nebraska, you will seek monetary benefits from the auto insurance provider of the at-fault driver. This is the rule under Nebraska’s tort-based system. In a fault or tort state, the driver or party that causes the traffic accident is financially responsible for the victim’s losses. It will be up to you or your lawyer, however, to prove that party’s fault before you can recover compensation.
You Can Still Recover Compensation If You’re Partially at Fault
If you’re in a car accident in Nebraska, you may still be able to recover compensation if you were partially responsible for the accident and the injuries you sustained. Car accident claims are governed by a law known as comparative negligence. Under this law in Nebraska, if a victim is less than 50 percent at fault for the accident, they can still recover monetary compensation. The amount awarded at the conclusion of a trial will then be reduced by the percentage that the victim was found to be at fault. If the victim is 50 percent or more at fault, they will not be able to recover any compensation whatsoever.
Proving Negligence in a Car Accident Claim
You may have a valid personal injury claim if you’ve been injured in a car accident due to someone else’s negligence. To be successful, you will have to prove that the defendant was, in fact, negligent. Four main elements must be present for a successful personal injury case: duty, breach, causation, and damages.
Duty refers to the legal obligation that one party has to another. For example, drivers have a duty to operate their vehicles safely.
A breach occurs when the duty is violated – in the case of a car accident, this will happen when one driver fails to follow the rules of the road and causes an accident.
Causation refers to the relationship between the breach and the injuries suffered – in other words, did the breach actually cause the injuries?
And finally, damages refer to the injuries or losses suffered as a result of the accident. If these elements are present, you likely have a personal injury case.
How Much Is Your Case Worth?
A successful insurance claim or car accident lawsuit in Lincoln can provide you with the financial resources to pay for both past and future related economic losses. It can give you the money your family needs to finally move forward after a serious wreck.
For most individuals, the primary purpose of filing a car accident personal injury claim is to recover financial compensation. While this won’t take away the pain you experienced, it can help you pay for the financial losses you suffered from the accident. This is a crucial step, as there’s no reason you should have to pay for these expenses out of your pocket if the accident wasn’t your fault. The two primary types of compensation in a car accident claim are economic and non-economic damages.
Economic damages are awarded to make a victim whole again. It reimburses them for financial losses directly related to the accident, such as medical expenses and lost wages. Non-economic damages are awarded to compensate the victim for intangible losses and emotional injuries, such as pain and suffering.
Available compensation from the at-fault party may include:
- Past and future medical expenses
- Losses of income (and future earnings)
- Property repairs
- Pain and suffering
- Loss of consortium
- Out-of-pocket costs
- Punitive damages
Calculating Non- Economic Damages In a Car Accident Claim Can be Complicated
Calculating non-economic damages can be complicated. While no rule dictates how insurance companies or juries should place a value on these types of intangible losses, a typical formula used is called the multiplier method. This takes the total amount of economic damages (those with specific monetary values like medical bills and lost wages) and multiplies it by a number between 1.5 and 5, depending on the severity of the injuries, with 1 being minor and 5 being the most severe. For example, if the total amount of economic damages is $10,000 and the injuries and damages are fairly severe, a multiplier of 3 might be used. In this case, the injured party could recover $30,000 in non-economic damages.
How much your case is worth will depend on key factors such as the severity of your injuries and the insurance coverage available. If you are curious about the potential value of your car accident case, schedule an in-depth case review with an attorney from Knowles Law Firm.
Car Accident Safety Tips
Automobile accidents are a primary cause of injuries and deaths in the US. Motor vehicles are dangerous weapons – especially when operated by careless or reckless drivers. Take certain steps to enhance your safety.
Before an accident:
- Never drink and drive. Impaired driving is one of the most frequent causes of car accidents.
- Pay attention. Put your cell phone away and keep your eyes on the road.
- Always obey roadway rules and traffic laws.
- Use defensive driving techniques to stay prepared for changing roadway situations.
- Watch your speed. Speeding is another common cause of serious collisions.
After an accident:
- Stay calm, pull over and check yourself for any injuries. Turn on your hazard lights.
- Move your disabled vehicle to a safe place, if possible.
- Call the police if the car accident caused injuries, deaths or $1,000 in property damage.
- Write down the other driver’s name, insurance information and phone number.
- Take photos of the scene and the cars involved if you’re able to do so. This can help show what caused the accident and the severity of it.
- Go to a hospital immediately.
Always do your best to prevent collisions and avoid auto accidents in Nebraska. If you do get into a collision, however, take these steps to lay the foundation for a successful insurance claim.
Don’t Miss The Deadline To File Your Claim
If you were in a car accident in Lincoln, Nebraska, you must file your car accident claim by a specific deadline if you wish to pursue financial compensation. This deadline is known as the statute of limitations. If you miss this deadline, you won’t be eligible for any monetary award. In Nebraska, the general statute of limitations for car accident cases is four years from the date of the accident.
While four years sounds like a long time, it’s still important to speak with a lawyer as soon as possible. The longer you wait, the more difficult it is for an attorney to obtain the necessary evidence to prove your case. If you don’t speak with a lawyer immediately, you could miss out on eyewitness testimony or video footage that has since been deleted. These are two crucial pieces of evidence that could mean the difference between winning and losing a case.
Nebraska Does Not Cap Damages on Car Accident Claims
Some states limit the damages that can be recovered in personal injury claims. In Nebraska, there is no such limit in car accident claims. A cap on damages only exists for medical malpractice claims in Nebraska. This means that if you were in a car accident in Lincoln, Nebraska, the jury can award you whatever damages they believe are reasonable, given the circumstances.
Speak to a Lincoln Car Accident Attorney Today
If you or a loved one has recently been injured in a motor vehicle accident, contact our Lincoln car accident attorneys to schedule a free legal consultation. Knowles Law Firm can help you and your family achieve justice through tailored legal services. Contact us online or call (402) 431-9000 today.