When someone suffers harm, injury, or damage caused by another person or entity’s actions, they may have a legal claim for compensation under personal injury laws. These laws are in place to protect people from negligence, intentional harm, and other kinds of misconduct that cause harm.
In Nebraska, the personal injury laws cover a wide range of accidents and incidents. This article will provide an overview of Nebraska’s personal injury laws, including the different types of claims, the statute of limitations, and the damages that injured parties may seek.
Table of Contents
Types of Personal Injury Claims
There are several types of personal injury claims that a person may make in Nebraska. These include:
Car Accidents
Car accidents are one of the most common forms of personal injury. If someone is injured in a car accident caused by another driver’s negligence, they may be able to file a claim for damages.
Slip and Fall Accidents
If someone slips and falls on someone else’s property due to their negligence, they may have a claim for damages. These cases are often referred to as premises liability claims.
Medical Malpractice
When a healthcare provider fails to provide the proper standard of care, resulting in harm or injury, the victim may have a medical malpractice claim.
Product Liability
If someone is injured by a defective or dangerous product, they may have a product liability claim against the manufacturer or seller of the product.
Dog Bites
If someone is bitten or attacked by a dog, the owner or keeper of the dog may be liable. Nebraska has strict liability laws when it comes to dog bites, which means the owner is responsible, even if they didn’t know their dog was aggressive.
Statute of Limitations
The statute of limitations is the amount of time a person has to file a lawsuit after an injury. In Nebraska, the statute of limitations for personal injury claims is four years from the date of the injury. However, there are some exceptions to this rule.
For personal injury claims against a government agency, the statute of limitations is two years. Medical malpractice claims have a shorter statute of limitations of two years from the date of discovery of the injury or when it should have been discovered.
It’s essential to note that if a person fails to file their claim within the statute of limitations, they may lose their right to do so.
Damages in Nebraska Personal Injury Cases
Those who prevail in a personal injury claim may be awarded damages. The types of damages that a person may seek include:
Economic Damages
Economic damages are sums of money awarded for expenses resulting from the injury. This may include medical bills, lost wages, and property damage.
Non-Economic Damages
Non-economic damages are awarded for harm that’s more challenging to quantify. For instance, this may include pain and suffering, emotional distress, or loss of enjoyment of life.
Punitive Damages
Punitive damages are only awarded in cases of egregious misconduct. Their purpose is to punish the liable party and deter similar conduct in the future.
Conclusion
Nebraska’s personal injury laws provide legal recourse for those who have been harmed due to negligence, misconduct, or intent. It’s essential to understand the different types of personal injury claims, the statute of limitations, and the damages that a person may seek.
If someone believes they have a personal injury claim, it’s crucial to consult with an experienced attorney who can ensure their rights are protected and determine the best course of action.