Douglas County Car Accident Lawyer
Involvement in a car accident can be more than a simple nuisance. Even minor mishaps have the potential to produce extensive vehicle damage and serious, possibly life-threatening injuries. To further complicate matters, the negligent actions of other motorists may directly cause such incidents, raising the possibility of civil liability and lawsuits.
Individuals embroiled in such circumstances may be entitled to financial compensation. Resolving personal injury actions often requires following a legal process that might best be overseen by a car accident lawyer in Douglas County. Our team of skilled personal injury attorneys at Inkelaar Law can help you effectively pursue the compensation you need after your accident.
State Law on Car Accident Claims
In accordance with Nebraska Revised Statutes §48-137, individuals who believe they sustained injuries due to another’s negligence may initiate a civil action against the said party. Any such claim for a car wreck must be filed within two years of when the incident in question occurred.
There are virtually infinite reasons a collision between two motor vehicles might occur. Specific negligent or irresponsible actions that might give rise to a civil claim include and are not limited to:
- Driving while intoxicated (DWI) or driving under the influence (DUI) of alcohol or other mind or reflex-inhibiting substance
- Operating a vehicle known to possess mechanical faults that could impair proper driving
- Engaging in reckless driving techniques
- Failure to stop at a red light
- Distracted driving, such as texting while driving, eating while driving, or driving after taking one’s eyes off the road
Modified Comparative Negligence
Before any personal injury claim can proceed, an adjudicating body must first ascertain the percentage of fault each party bears for the incident in question. In this regard, Nebraska adheres to a legal concept known as modified comparative negligence.
Under this principle, you may not recoup any damages if you are found to be 50 percent or more at fault. Moreover, the maximum amount of damages you may recover would be reduced by your own percentage of fault. For example, if a judge or jury assigns 20 percent of the blame for your accident and subsequent injuries to you, you would only be able to recover 80 percent of your total damages. A well-practiced car accident lawyer in Douglas County could help you learn how comparative negligence may impact your compensation for automobile accidents.
Winning an Automobile Wreck Lawsuit
Retaining the services of a car accident attorney in Douglas County, Nebraska might enhance your chances of success in a civil suit. This is because you must demonstrate several legal concepts in order to convince an adjudicating body that you should be entitled to compensation, which can be a complicated endeavor depending on the case.
The four elements of legal negligence are as follows:
- The duty of care – the defendant had a duty to ensure your wellbeing through reasonably safe behavior
- Breach of duty – the defendant failed to uphold their aforementioned duty
- Causation – a direct causal relationship existed between the defendant’s actions or inaction and the accident that injured you
- Damages – the accident caused you to suffer compensable physical injuries and/or losses
The skilled lawyers from Inkelaar Law can help formulate legal strategies by gathering evidence, investigating the accident scene, speaking with eyewitnesses and law enforcement officials, reading official reports recounting the incident’s events, reviewing medical reports, and consulting with physicians or other health care experts.
Specific sources of monetary compensation may vary from case to case depending on factors like the extent of the damage that occurred and the severity of your injuries. Commonly pursued damages in a collision’s aftermath include past and future lost wages, medical expenses, and general pain and suffering.
Talk to a Douglas County Car Accident Attorney
Car accidents can be aggravating and difficult to deal with. They may also affect many aspects of your life, so running the ensuing legal gauntlet may be necessary to ensure your long-term wellbeing.
If you were involved in a car accident and sustained injuries due to another driver’s negligence, consult with a car accident lawyer in Douglas County as soon as possible. Speaking to one of our knowledgeable attorneys at Inkelaar Law might be the first step in recouping a financial reward.