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What Is the Difference Between Ordinary Negligence and Gross Negligence?

If someone else injures you in Nebraska, you may have the right to file a claim against that person for damages. Before you can receive benefits, however, you will have to prove negligence in a personal injury case. On a legal level, two different standards of negligence exist: ordinary and gross negligence. The type of negligence involved in your case can change how much you receive in compensation. We’ll explore the definitions, examples, and consequences of both types of negligence to provide clarity on how they impact legal outcomes in your personal injury lawsuit….

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What Are Extenuating Circumstances?

Extenuating circumstances is a legal phrase that you may hear in a criminal case or personal injury lawsuit in Nebraska. In a side claim or personal injury case, extenuating circumstances may come into play if an insurance company attempts to blame your injuries on something other than the defendant’s actions or failure to act. Extenuating circumstances are special conditions or factors that can influence the outcome of a case, potentially altering the perception of an incident. Understanding what constitutes extenuating circumstances and how they can impact legal decisions is crucial for anyone involved in…

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What Is the Difference Between Moving and Non-Moving Violations?

In Nebraska, a driver could receive a ticket and fine for both a moving violation and non-moving violation. These are two separate types of offenses that come with different penalties. In general, moving violations are penalized more severely, as they are more dangerous than non-moving violations. However, both minor offenses can lead to points against a driver’s license and various other penalties. Understanding all traffic laws and violations is crucial for any driver, as these offenses can have various legal and financial consequences. Here, we can delve into the differences between moving and non-moving…

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Nebraska Car Seat Laws

To offer children the best possible protection from injuries in a motor vehicle accident, Nebraska requires parents and drivers to use the correct types of car seats for young children. Child passenger safety is paramount in a motor vehicle. Children are more susceptible than adults to serious and deadly injuries in automobile accidents. Obeying Nebraska’s car seat laws is critical for your child’s safety. These laws specify the types of car seats required based on a child’s age, weight, and height, and they play a crucial role in minimizing injuries during collisions. Staying informed about…

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What Is The Duty of a Pedestrian?

Many people assume that because pedestrians are the road’s most vulnerable users, they do not have any responsibilities in terms of safety or roadway rules. While pedestrians are at the greatest risk of injury in accidents, they still have traffic laws they must obey. Nebraska has state and municipal laws outlining pedestrian responsibilities when navigating the streets and sidewalks. Before you decide to walk or jog around Nebraska, learn your duties to help prevent an accident. Understanding pedestrian safety is crucial to avoid accidents with distracted drivers and to know your rights and duties…

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What Is the Difference Between Actual and Proximate Cause?

If you’re injured in an accident that was caused by someone else in Omaha, Nebraska, you may be able to recover financial compensation for your medical bills, property repairs, and other losses. As the filing party, or plaintiff, however, it is your responsibility to prove the elements of your case as more likely to be true than not true. One of these elements is causation. Elements of Proof in a Personal Injury Case in Nebraska A civil case aims to hold one or more parties legally and financially responsible, or liable, for an accident,…

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Nebraska Driving Laws for Senior Citizens

Certain facilities decline with age. An elderly person’s vision, hearing, strength, reflexes, and reaction time may not be what they once were. Modern car features play a crucial role in assisting senior citizens to drive safely and maintain their independence, highlighting the importance of vehicle technology in ensuring their safety on the road. These are all important qualities in a driver, making it important for state laws to stay on top of aging drivers. Like most states, Nebraska has special driving laws reserved for senior citizens. These laws aim to improve roadway safety and…

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What is Foreseeability and Proximate Cause in a Personal Injury Case?

Proving a personal injury case in Nebraska takes fulfilling many complicated legal standards. In a personal injury lawsuit, establishing foreseeability and proximate cause is crucial to proving negligence. The majority of personal injury cases center on the legal doctrine of negligence. It will be up to you or your Omaha personal injury attorney to establish, based on a preponderance of the evidence, that the defendant’s negligence was the proximate cause of your accident and related personal injury. Proving negligence often comes down to whether or not the accident was foreseeable. What is Foreseeability? Before…

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What Is a Damage Cap?

Some states place limits on the maximum amount of financial compensation – or damages – an injured victim can obtain from a defendant during a civil lawsuit. These limits are called damage caps. While the damages available in most states are limit-free and based on what a jury deems appropriate, some states impose damage caps to prevent excessive jury awards. Nebraska is one of them. What Are Damage Caps in Personal Injury Cases? There are two main types of damages in a personal injury case: compensatory and punitive. Compensatory damages make a victim whole…

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Guide to Post-Accident Investigation: When Law Enforcement Will Not Make a Report of the Vehicle Accident

If you get hit by another vehicle in a car accident, one of the first actions you may take is calling the police. Typically, when police arrive at the scene, they start creating a report, which contains information about the accident, including the potential cause. However, there may be some cases in which the police do not make a report. They may think the accident is not serious enough or there were no injuries. However, if you discover your injuries after the accident, you may wonder if you can still file a claim and…

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