Personal injury claims can be difficult and messy. There are many different factors that can potentially impact your claim, and it is important to be aware of these factors in order to maximize your chances of receiving fair compensation for your injuries.
One factor that can potentially impact your personal injury claim in Nebraska is comparative negligence. Here, we will explore what comparative negligence is, how it impacts personal injury claims in Nebraska, and what you can do to protect your rights in the event of an accident.
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What Is Comparative Negligence?
Comparative negligence, also known as comparative fault, is a legal doctrine that allows for the assignment of fault in personal injury cases. Under comparative negligence, each party involved in an accident can be assigned a portion of responsibility for the accident.
For example, if a plaintiff is injured in a car accident and the defendant is found to be 80% at fault, but it is also determined that the plaintiff was 20% responsible for the accident, the plaintiff’s damages would be reduced by 20% to account for their own contributory negligence.
How Does Comparative Negligence Impact Personal Injury Claims in Nebraska?
In Nebraska, the comparative negligence doctrine is used to determine fault in personal injury cases. Nebraska follows a modified comparative negligence rule, which means that a plaintiff can only recover damages if they are found to be less than 50% at fault for the accident.
Under Nebraska law, if a plaintiff is found to be partially responsible for their injuries, their damages will be reduced by the percentage of fault that is attributed to them. Additionally, if the plaintiff is found to be more than 50% at fault, they will not be able to recover any damages for their injuries.
How Can I Protect My Rights After an Accident?
If you are involved in an accident in Nebraska, it is important to take steps to protect your rights and ensure that you receive fair compensation for your injuries. Here are a few things to keep in mind:
1. Seek Medical Attention
If you are injured in an accident, it is important to seek medical attention as soon as possible. Even if you do not think your injuries are serious, it is always best to get checked out by a medical professional to ensure that there are no hidden injuries or complications.
2. Document Everything
It is important to keep detailed records of the accident and your injuries. This can include taking photos of the scene, keeping copies of medical bills and other expenses, and keeping a journal of your pain and recovery.
3. Hire an Experienced Personal Injury Lawyer
Navigating personal injury claims can be difficult, especially when comparative negligence is involved. An experienced personal injury lawyer can help you understand your rights and represent you throughout the claims process, helping to maximize your chances of receiving fair compensation for your injuries.
Conclusion
Comparative negligence can have a significant impact on personal injury claims in Nebraska, and it is important to be aware of this doctrine in order to protect your rights and maximize your chances of receiving fair compensation. By taking steps to document the accident and your injuries, seeking medical attention, and hiring an experienced personal injury lawyer, you can protect your rights and receive the compensation you deserve.