When an individual is injured in an accident, it can be a very confusing and stressful time. Unfortunately, it’s not uncommon for the injured party to be partially at fault for their injuries. As a result, many people question what happens when they are partially at fault for their injuries in Nebraska.
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Understanding Comparative Negligence in Nebraska
In Nebraska, the legal concept of comparative negligence is used to determine financial responsibility for accidents where more than one party may be at fault. Comparative negligence means that each party involved in the accident takes responsibility for their percentage of fault.
For example, if an individual is injured in a car accident and they were determined to be 25% at fault, they can still recover damages, but their award will be reduced by 25%.
Contributory Negligence in Nebraska
It’s important to note that Nebraska also adopted the contributory negligence system in the past, which barred any recovery if the injured party was even partially at fault for their injuries. However, this system has been replaced with the comparative negligence system.
Determining Fault in Nebraska
Determining fault in an accident case relies heavily on evidence. Evidence can include witness testimony, video footage, police reports, and other documentation that can help establish what happened. It’s important to hire an experienced personal injury attorney who can help you gather and present evidence to prove your case and establish the percentage of fault.
How Your Percentage of Fault Affects Your Damages
Nebraska follows the modified comparative fault rule, which means that the amount of damages an injured party can recover will be reduced by their percentage of fault. If an injured party is found to be 51% or more at fault for their injuries, they will be barred from collecting any damages.
Here’s an example: If an individual was injured in a slip and fall accident at a store, and they were found to be 25% at fault for the accident because they were texting and not paying attention to their surroundings, they can still recover damages. However, their award would be reduced by 25%.
The Role of Insurance Companies
When an accident occurs, both parties’ insurance companies will investigate the accident to determine fault. If the insurance companies can’t agree on who was at fault, they may have to go to court.
It’s important to remember that insurance adjusters will try to limit the amount they pay out in damages. They may try to prove that you were more at fault than you actually were to reduce the amount they pay out.
Conclusion
If you were partially at fault for your injuries in Nebraska, you may still be able to recover damages. However, your award will be reduced by the percentage of fault that you contributed. It’s important to work with an experienced personal injury attorney who can help you gather evidence and prove your case to maximize your compensation.