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Understanding Comparative Negligence in Nebraska Personal Injury Cases

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Attorney Robert M Knowles
Last Updated: October 30, 2024
Legally Reviewed By: Robert M. Knowles

Attorney & Partner At Knowles Law Firm

Most accidents are often more complicated than they seem. For example, road conditions, signage, and driver behavior play a role in a collision in car accidents. Therefore, in many personal injury cases, multiple parties share responsibility, even the injured victim. If this is the case for you, you may wonder if you can still receive compensation for your losses. With Nebraska’s modified comparative negligence system, you may still recover damages if you are under 50% at fault for the accident.

At Knowles Law Firm, we understand the laws that may apply to your Nebraska personal injury claim, including comparative negligence. With our 55 years of experience and commitment to excellence, you can rely on us to fight for your rights and a fair settlement, even if you are partially responsible for your injuries. With our personalized and client-focused approach, we create a plan tailored to your unique needs that gives you the best chance of achieving a successful outcome.

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What Is Comparative Negligence and How Can It Impact Your Nebraska Personal Injury Claim?

Nebraska uses a modified comparative negligence system when multiple parties are responsible for a personal injury case. Under this rule, each party involved receives a percentage of fault which is later deducted from their respective damages. However, those over 50% responsible cannot collect any damages at all.

For example, if you are 20% responsible for a bicycle accident, and your claim is worth $300,000, your compensation will be reduced by 20% to $240,000. While this system benefits those who share a portion of the blame for their personal injury case, insurance companies often do anything they can to assign you an unjust percentage of fault.

Our knowledgeable lawyers understand how to negotiate with insurance companies to increase your chance of receiving a fair settlement. We thoroughly investigate the incident, gather evidence to build a strong claim, and ensure you do not receive an unfair fault percentage.

What Damages May You Recover for Your Nebraska Personal Injury Case?

Personal injuries can have a physical, emotional, and financial impact on your life. Even if you were partially responsible for your injuries, you may still receive compensation for these losses with Nebraska’s comparative negligence statute. Depending on the severity of your injuries and other unique details of your case, you may recover the following damages:

  • Past, present, and future medical bills
  • Lost wages from missed work
  • Loss of earning capacity
  • Ambulance ride
  • Prescribed medications
  • Physical therapy and rehabilitation
  • Pain and suffering
  • Disability or disfigurement
  • Loss of consortium
  • Emotional distress
  • Reduced quality of life

While the economic damages, like medical bills and lost wages, are relatively straightforward to calculate, non-economic damages, such as pain and suffering, are more complex. We consider every detail and use your medical bills, invoices, receipts, pay stubs, tax returns, and personal statements to accurately determine your claim’s value. Our skilled team also considers comparative negligence when navigating your personal injury claim to ensure the other party does not unfairly blame you for the accident to avoid paying you compensation for your losses.

Need Help With Your Nebraska Personal Injury Claim? Contact the Reputable Team at Knowles Law Firm Today

Navigating a personal injury claim and modified comparative negligence in Nebraska can be confusing, especially when multiple parties share fault in a personal injury case. At Knowles Law Firm, we bring 55 years of experience and a client-focused approach to fight for your rights and ensure a fair settlement. Our deep understanding of Nebraska’s laws and dedication to each client’s unique needs set us apart in handling personal injury claims effectively.

At Knowles Law Firm, our commitment to excellence has resulted in numerous multi-million dollar settlements for our clients. Our personalized approach ensures you receive the attention and care you deserve, helping you understand your rights and options throughout the legal process. We work diligently to move cases forward so you can focus on recovery. Contact us at (402) 431-9000 or visit our contact form to schedule a consultation and take the first step toward securing the compensation you deserve.

Attorney Robert M Knowles
About Our Attorney

Robert M. Knowles

Attorney & Partner at Knowles Law Firm

Robert has tried cases in both state and federal courts and was selected as one of the top 100 litigation lawyers in Nebraska for 2014 by the American Society of Legal Advocates. Less than 1.5 percent of lawyers nationally are selected for this recognition. He is rated AV by Martindale-Hubbell which is the highest rating an attorney can obtain. He was also selected by Martindale-Hubbell as a 2019 Top Rated Lawyer.

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