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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 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 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 you…

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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 Medical Malpractice 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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What to Do if You Are in an Accident With an Uninsured or Underinsured Driver

Car accidents can be traumatic and overwhelming, especially if you are involved in one with an uninsured or underinsured driver. Not only do you have to deal with the physical and emotional aftermath of the accident, but you may also face financial difficulties if the other driver does not have adequate insurance coverage. In such a situation, knowing what steps to take to protect yourself and your rights is imperative.  At Knowles Law Firm, our car accident lawyers have extensive experience in handling car accidents involving uninsured or underinsured drivers. Our team of dedicated…

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Important Steps to Take After a Workplace Injury

No worker expects to suffer a serious injury on the job. Unfortunately, the workplace is a common setting for accidents, injuries and even deaths in Nebraska. In 2022, the U.S. Bureau of Labor Statistics reported 20,200 workplace injuries and illnesses in Nebraska. If you sustain a workplace injury, take the following steps to ensure the protection of your physical health and legal rights. Get Medical Care Your number one priority after a workplace injury is to get prompt medical care. Do not delay in going to a hospital or visiting a doctor to treat…

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Common Road Hazards That Cause Accidents

No matter how safe a driver is, a road hazard or defect could cause an accident. Dangerous roads can be impossible to safely navigate, ultimately leading to a car accident that causes injuries or deaths. It is the city and state government’s duty to maintain safe public roadways. If a road defect causes a crash, a victim may be able to hold the government responsible. An Omaha car accident lawyer can help navigate your legal case. Potholes and Cracks in the Pavement Potholes are depressions in the road caused by the erosion of the…

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