However, Nebraska is considered an at-fault state. Under Nebraska's fault statute, the at-fault party will bear the burden of financial responsibility for any injury or damages sustained by victims in a traffic collision. The at-fault driver's insurance provider will be responsible for paying for your injuries. Though, Nebraska's comparative negligence law may apply if the at-fault party uses contributory negligence as a defense.
Understanding Modified Comparative Fault in Nebraska
According to Nebraska Revised Statute 25-21,185.09, if a claimant was found to have contributed to the incident, the amount of compensation awarded shall diminish in proportion to the claimant's percentage of fault. However, you will be totally barred from recovering damages if you were found to be 50 percent or more responsible. For example, if you were involved in a traffic collision and were found to be 20 percent at fault for the accident, you will only be able to recover 80 percent of the damages awarded in a successful settlement.
Filing a Wrongful Death Suit
According to Nebraska Revised Statutes section 30-809, wrongful death is defined as a death caused by any wrongful act of neglect or default of another party. If the victim had lived, such a wrongful act of neglect or default would have allowed him or her to bring a personal injury claim to court.
Who Can File a Wrongful Death Claim?
In Nebraska, a wrongful death claim must be filed by the legal representative of the deceased person's estate. This may be a spouse, parent, or child.
The possible damages that may be recovered through a Nebraska wrongful death claim include:
- Medical expenses related to the final illness or injury of the deceased person
- Compensation for the loss of companionship, care, comfort, and guidance of the deceased person
- Compensation for burial and funeral expenses
- Lost income and benefits the deceased would have earned if he or she had survived
- Any pain and suffering or mental anguish endured by the deceased during his or her final moments
- Lost value of household services performed by the deceased person, such as childcare, chores, and repairs.
Hire a Skilled Catastrophic Injury
Attorney in Omaha, Nebraska Today
Catastrophic injuries like spinal cord and traumatic brain injuries can leave devastating long-term effects on your physical, financial, and emotional health. The good news is, you don't have to go through this battle alone. If you believe that another party's negligence caused your catastrophic injury, hiring a knowledgeable Nebraska personal injury attorney can make a significant difference in your case.
At Harris & Associates, P.C., L.L.O., our attorneys believe that no person should suffer the financial burdens or consequences of an incident that was caused by another person's negligent actions. As experienced catastrophic injury attorneys, we will:
- Fight to protect your rights and represent your best interests
- Review every aspect of your case and conduct a comprehensive, private investigation
- Gather vital information, pieces of evidence, and necessary documentation
- Attempt to prove fault and establish liability
- Determine and estimate case-value
- Handle all communication and negotiations on your behalf while you recover
- Negotiate a fair settlement with the at-fault party's insurance company
- File a personal injury or wrongful death lawsuit, where applicable