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Have you had a car accident while on the way to grab an iconic Runza sandwich? Maybe you’ve been hit by a tractor on one of the state’s many rural roads. No matter the type of accident you’ve experienced, RP Legal Group will help you seek compensation.
RP Legal Group assists clients in Lincoln, Omaha, Sioux City, Grand Island, Bellevue City, and other locations throughout NE. Contact our firm at (888) 340-7454 for your free consultation now.
Have a look at some of our reviews to learn why we’re Nebraska’s preferred personal injury firm.
What You Need To Know About Filing a Personal Injury Lawsuit in Nebraska
Ideally, you should hire an attorney who is a member of the Nebraska State Bar Association to help with your claim. Filing a personal injury claim is rather complicated, and making a mistake could jeopardize the outcome of your case.
If you want to file your claim, here’s what you need to know.
Nebraska’s Statute of Limitations
Generally, Nebraska gives you four years from the date of an accident to file a personal injury claim (Title 25, Section 207, 25-207). The deadline applies to most injury cases, including car accidents, dog bites, and slip-and-fall accidents.
Deadlines vary for other types of cases. A few other deadlines include:
- Injuries caused by dangerous products (excluding asbestos): Five years
- Medical malpractice: Two years
- Claims involving defamation: One year
- Claims against the State of Nebraska: Two years
The statute of limitations pauses if the victim is suffering from some type of “legal disability.” These disabilities include:
- Imprisonment
- Mental incapacity
- Younger than 20 years old
Comparative Negligence in Nebraska
Can you recover damages if you’re partially at fault for an accident in Nebraska? That depends on your degree of fault. You can still recover damages if you’re 50% or less at fault. But if your fault exceeds 50%, the law bars you from compensation.
Here’s an example. Suppose a truck rear-ended you on the freeway because you changed lanes without using your turn signal. A jury determines that you’re 40% at fault for the crash. You could recover 60% of your damages in this case.
Are There Caps on Damages in Nebraska?
Nebraska doesn’t cap damages for most personal injury cases. The only exception is medical malpractice claims. If you sue for malpractice, damages are capped at $2.25 million. This includes economic damages (lost wages, medical bills) and non-economic damages (emotional distress, pain and suffering).
Where and How To File Your Claim
Many personal injury victims are unsure where to file their claims. If you don’t know which court to use, simply consider the amount of your damages.
You can file in small claims court if your damages are less than $3,900. For claims involving damages over that amount, you must file in one of Nebraska’s 12 District Courts. Choose the court in the district where the defendant lives/does business or where the accident occurred.
When you go to court, you’ll have to file a complaint that includes:
- Everyone involved in the incident
- Your injuries
- How, where, and when the accident happened
- Why the defendant is responsible
- Your desired resolution (typically financial restitution)
The filing fee for Nebraska small claims is $30. The fee for filing a civil action in District Court is $53.
For a free legal consultation with a Personal Injury lawyer serving Nebraska, call 888-340-7454
Why Do You Need a Nebraska Personal Injury Lawyer?
It is possible to file a personal injury claim yourself, but you’re likely to have a better outcome by involving legal representation. You should hire a Nebraska personal injury lawyer if:
- You want to recover your damages fully. Those who hire a lawyer are more likely to recover all damages than those who don’t.
- You’re concerned that you’re partly at fault for an accident and want to know how the state’s comparative negligence rules will affect your case.
- You can’t find the defendant, or they’ve fled the state, and you’re worried the statute of limitations will end before you can track them down.
- You’ve tried filing your own claim but are frustrated by all the red tape and complicated laws.
- The insurance company gives you the runaround or offers a very low settlement.
Learn more about our team, then call us to hire an attorney for your case.
Personal Injury Lawyer Near Me 888-340-7454
Our Practice Areas
RP Legal Group will take on any personal injury case, no matter how complex. Here are just some of the case types we handle.
- Auto accidents: Hit by a reckless driver? We accept all car, truck, bus, bicycle, and motorcycle accident cases. We also take cases involving pedestrians hit by cars.
- Dog bites: If a dog has bitten you, you need an attorney who will bite back.
- Construction accidents: While you can’t sue your employer if you’re hurt in a construction accident at work, it’s possible to hold a third party liable.
- Medical malpractice: Have you suffered injuries due to a misdiagnosis or medication mistake? We’ll hold the provider or hospital liable.
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Contact a Personal Injury Accident Lawyer Now
To start the claim process, contact RP Legal Group at (888) 340-7454 for a free consultation with an NE personal injury lawyer.
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Frequently Asked Questions
Learn more about personal injury in Nebraska below by looking at our answers to some common questions we receive.
What Is the Dog Bite Law in Nebraska?
Nebraska holds dog owners strictly liable for bites even if their animal has never attacked anyone before. The only exception is if the victim was trespassing on private property.
Should I Use Small Claims Court?
You should consider using small claims court if your damages are less than $3,900. Many accident victims prefer using small claims because it’s less formal than suing through a District Court.
Is Nebraska a No-Fault Insurance State?
No, Nebraska isn’t a no-fault insurance state. All drivers must have at least $25,000 in bodily injury coverage per accident. Contact a Nebraska personal injury lawyer if an underinsured or uninsured driver hit you.
For a free legal consultation with a Personal Injury lawyer serving your area, call 888-340-7454