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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.

How Much Is Your Car Accident Claim 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

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: This includes all past, present, and future medical costs related to the accident, such as hospital stays, surgeries, medication, physical therapy, and any necessary medical equipment. For example, if you suffered a broken leg, you might have costs for the emergency room visit, the surgery to repair the break, follow-up visits, and physical therapy to regain strength and mobility.
  • Lost Wages: If your injuries caused you to miss work, you could recover compensation for the income you lost during that time. This also includes loss of future earnings if your injuries impact your ability to work in the future. For instance, if you are a construction worker who can no longer perform physical labor due to a severe back injury, you can claim compensation for the difference between your previous and current earning capacities.
  • Property Damage: This covers the cost of repairing or replacing your vehicle and any other personal property damaged in the accident.

Non-Economic Damages

Non-economic damages are awarded to compensate the victim for intangible losses and emotional injuries, such as:

  • Pain and Suffering: This compensates for the physical pain and emotional distress suffered due to the accident. The severity and duration of the pain, as well as any ongoing discomfort, are considered.
  • Loss of Consortium: If the injuries negatively impact the victim’s relationship with their spouse, such as the ability to show affection or maintain a normal relationship, compensation may be awarded.
  • Emotional Distress: This includes anxiety, depression, and other emotional impacts caused by the trauma of the accident and injuries.

Available compensation from the at-fault party may also include out-of-pocket costs and, in some cases, punitive damages intended to punish particularly reckless behavior.

What You Can Do to Help Your Claim Following a Car Accident in Lincoln, NE

Taking the right steps immediately following a car accident can significantly impact the success of your claim. Here’s what you should do:

  1. Prioritize Safety First: Ensure you and anyone else involved are safe. If you can, move your vehicle to a safe location to avoid further accidents.
  2. Call 911: Report the accident to the police, especially if there are injuries, fatalities, or significant property damage. A police report will be a crucial piece of evidence in your claim.
  3. Gather Evidence at the Scene: Take photos and videos of the accident scene, including vehicle damage, skid marks, road conditions, traffic signs, and any visible injuries. This visual evidence can help establish what happened and who was at fault.
  4. Exchange Information: Obtain the names, contact information, driver’s license numbers, license plate numbers, and insurance details of all drivers involved. Also, collect contact information from any witnesses.
  5. Seek Medical Attention: Even if you feel fine, it’s important to get a medical evaluation as some injuries may not be immediately apparent. Keep all medical records and bills as they will be essential for your claim.
  6. Notify Your Insurance Company: Report the accident to your insurance provider as soon as possible. Provide them with the necessary information but avoid giving a detailed statement until you consult with an attorney.
  7. Document Everything: Keep a detailed record of everything related to the accident and your injuries, including medical visits, treatments, medications, and how the injuries have affected your daily life.
  8. Consult a Car Accident Attorney: Speak with an experienced car accident lawyer to understand your rights and the best course of action. They can help you navigate the complex legal process and negotiate with insurance companies on your behalf.

Analyzing the Most Common Types of Car Accidents in Lincoln

Understanding the common types of car accidents can help you recognize the risks and take preventive measures. Here are some frequent types of collisions in Lincoln:

Rear-End Collisions

These occur when one vehicle hits the back of another. They are often caused by tailgating, distracted driving, or sudden stops. Rear-end collisions can result in whiplash, back injuries, and other serious conditions.

Side-Impact or Broadside Collisions

Also known as T-bone accidents, these happen when the front of one vehicle crashes into the side of another. They often occur at intersections due to running red lights or failing to yield. These collisions can cause severe injuries to the occupants on the impacted side.

Head-On Collisions

These are among the most dangerous types of accidents and occur when two vehicles traveling in opposite directions collide front-to-front. Common causes include wrong-way driving, distracted driving, or impaired driving. Head-on collisions often result in catastrophic injuries or fatalities.

Rollover Accidents

Rollovers can occur when a vehicle flips over onto its side or roof. They are more common with high-profile vehicles like SUVs and trucks and can be caused by sharp turns, speeding, or collisions. Rollovers often result in serious injuries or death due to the violent nature of the crash.

Statistics from the Nebraska Department of Transportation indicate that in 2020, there were 37,094 reported traffic crashes, resulting in 4,246 injuries and 233 fatalities. Rear-end and side-impact collisions accounted for a significant portion of these accidents.

Common Car Accident Injuries in Lincoln, NE

Car accidents can result in a wide range of injuries, some of which may not be immediately apparent. Common injuries include:

Whiplash

This is a neck injury caused by the sudden jerking motion of the head, commonly seen in rear-end collisions. Symptoms can include neck pain, stiffness, and headaches.

Broken Bones

Fractures can occur in any part of the body during a collision. Commonly broken bones include arms, legs, ribs, and collarbones.

Traumatic Brain Injuries (TBI)

TBIs result from a blow to the head and can range from mild concussions to severe brain damage. Symptoms may include headaches, confusion, dizziness, and memory problems.

Spinal Cord Injuries

Damage to the spinal cord can result in partial or complete paralysis. These injuries are often life-altering and require extensive medical treatment and rehabilitation.

Internal Injuries

These can include damage to organs such as the liver, spleen, or kidneys. Internal injuries can be life-threatening and may require emergency surgery.

Lacerations and Bruises

Cuts and bruises are common in car accidents due to broken glass and impact with the interior of the vehicle. Severe lacerations may require stitches or lead to significant scarring.

Psychological Trauma

The emotional impact of a car accident can be profound, leading to anxiety, depression, and post-traumatic stress disorder (PTSD).

Understanding Insurance Claims After Your Lincoln Vehicle Collision

Filing an insurance claim after a car accident involves several steps:

  1. Filing Your Claim Form and Providing Documentation: Notify your insurance company as soon as possible. Fill out the claim form accurately and provide all necessary documentation, including the police report, medical records, repair estimates, and any other relevant information.
  2. Understanding Insurance Policies and Settlement Offers: Review your policy to understand your coverage limits and exclusions. Be cautious of initial settlement offers from insurance companies, as they may be lower than what you are entitled to. Consult with your attorney to evaluate the offer.
  3. The Role of an Auto Accident Attorney When Dealing With Insurance Companies: An experienced car accident attorney can help you navigate the claims process, negotiate with insurance adjusters, and ensure you receive fair compensation. They can also assist in gathering additional evidence and, if necessary, represent you in court.

How the Theory of Negligence Is Applied to Your Lincoln Car Accident

Negligence is a key factor in determining fault in car accident claims. Here’s how it is applied:

Proving Fault in Nebraska Car Accidents

To prove negligence, you must demonstrate that the other driver owed you a duty of care, breached that duty, and caused your injuries as a result. Evidence such as police reports, witness statements, and expert testimony can support your claim.

Considering Comparative Negligence in Nebraska

Nebraska follows a comparative negligence rule, which means you can still recover damages if you are partially at fault, as long as your fault does not exceed 50%. Your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault and awarded $100,000, your compensation will be reduced to $80,000.

Our Firm Handles Other Types of Vehicle Crash Cases

In addition to car accidents, Knowles Law Firm handles various types of vehicle crash cases:

Motorcycle Accidents

Motorcyclists are particularly vulnerable to severe injuries due to the lack of protection. Common causes include driver inattention, road hazards, and vehicle blind spots.

Truck Accidents

Collisions with large trucks can be devastating due to the size and weight disparity. Causes often include driver fatigue, improper loading, and mechanical failures.

Pedestrian and Bicycle Accidents

Pedestrians and cyclists are at high risk for serious injuries in collisions with motor vehicles. These accidents are often caused by driver inattention, failure to yield, and distracted driving.

Boating Accidents

Boating accidents can result in drowning, traumatic injuries, and property damage. Common causes include operator inexperience, alcohol use, and equipment failure.

What Sets Our Lincoln Car Accident Lawyers Apart?

Our commitment to our clients distinguishes us from other firms:

A Client-Centric Approach

We prioritize our clients’ needs and work tirelessly to achieve the best possible outcomes. Our personalized approach ensures each case receives the attention it deserves.

Proven Track Record

Our firm has a history of successful settlements and verdicts. We have helped countless clients secure the compensation they need to move forward with their lives.

No-Win, No-Fee Structure

We operate on a contingency fee basis, meaning you pay nothing unless we win your case. This ensures our interests are aligned with yours and we are fully committed to your success.

Significant Car Accident Settlements Achieved by Knowles Law Firm

We have secured substantial settlements for our clients:

Rear-End Collision Resulting in a Chest Injury

Our client received $200,000 for medical expenses and pain and suffering after a rear-end collision caused a severe chest injury.

Injury in Rear-End Collision Involving an Elderly Client

An elderly client was awarded $150,000 after suffering multiple fractures in a rear-end collision.

Motorcycle Accident Involving a Cow

In a unique case, our client received $300,000 after a motorcycle accident involving a cow on the road led to serious injuries.

Motor Vehicle Collision in Rural Nebraska

A client involved in a head-on collision in rural Nebraska received $500,000 for extensive injuries and ongoing medical care.

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.

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