Types of Personal Injury Claims
Our firm handles the following types of personal injury claims:
- Car accidents
- Trucking accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Dog bites
- Wrongful death
- Dangerous and defective consumer products, such as pharmaceutical drugs, medical devices, defective auto parts, defective toys, appliances, food, cosmetics, tools, and more
- Premises liability, including slip and fall accidents where the property owner failed to warn or handle unsafe conditions
What is Nebraska’s Statute of Limitations?
A statute of limitations is a legal time limit on how ling you have to file your lawsuit in court. If you suffered an injury in Nebraska, you have four years from the date of the underlying accident to file a personal injury lawsuit in civil court. This is why you should contact and experienced personal injury attorney from Scarff Law Firm right away to get started on your case.
Personal Injury Laws in Nebraska
In order to succeed with your case, you must prove: (1) the at-fault party owed you a duty of care, (2) the at-fault party breached this duty of care by acting negligently or recklessly, (3) the at-fault party’s breach caused the accident and your injury, and (4) you suffered damages from the accident.
What is the Modified Comparative Fault Rule?
However, if you are partly to blame for causing the accident, Nebraska courts follow a “modified comparative fault” rule, which means if your percentage of fault will be taken into consideration when calculating your total award, which can lead to reduced damages or none at all. For example, if your total damages equal $100,000, but you are 20 percent to blame for the accident, you will only collect $80,000 of your award. If you are at least 50 percent at fault, you cannot collect any compensation.
How We Can Help You
We believe that you deserve strong advocacy and support during this time as you try to physically and emotionally recover from your ordeal. Getting the compensation you deserve in the wake of such an accident will generally depend on having legal representation. This is because you will generally be dealing with an insurance company whose sole aim is to pay out as little as possible in liability claims. These large corporations will likely have their own legal teams whose job is to reduce your compensation as much as possible. That is why you need an equally aggressive advocate who can fight back for what is fair and just.
Our Omaha personal injury attorney will do everything possible to help you get a fair settlement or fight for your best interests in court. We will pursue appropriate damages, such as those for past and future medical expenses, out-of-pocket expenses, lost wages or income, property damages/losses, pain and suffering, and emotional distress. In the case of a family member who had died as a result of personal injuries, we will seek damages appropriate to wrongful death for family survivors. This can include funeral and burial expenses, medical expenses incurred prior to the death, loss of the decedent’s wages or income, his or her personal pain and suffering before death, and loss of the decedent’s love and companionship endured by those left behind.
Get the Aggressive Help You Need from Scarff Law Firm
Personal injury and wrongful death laws have been established in Nebraska and across the U.S. to protect you in the aftermath of an unforeseen accident or death. These laws were designed to hold those at fault responsible for their actions or omissions. Our firm will work diligently on your behalf to ensure that the laws are upheld in your case and that you achieve the justice you seek.