Frequently Asked Questions About Nebraska Auto Accident Claims
Legally Reviewed By: Robert M. Knowles
Attorney & Partner At Knowles Law Firm
When you’re involved in an auto accident, it’s natural to have many questions. What should you do now? Who is responsible? The Omaha personal injury attorneys of Knowles Law Firm understand that navigating an auto accident claim can feel overwhelming. With 55 years of experience and a track record of multi-million dollar settlements, we’re here to simplify the process for you. We can answer the most common questions we hear about auto accident claims, helping you make informed decisions about your case and what steps to take next.
With over 55 years of experience, we’ve handled countless auto accident cases and understand the challenges you may face. Our history of securing multi-million dollar settlements shows our dedication to achieving fair results for our clients. We aim to provide clear guidance, answering your most pressing questions about auto accident claims so you can feel confident moving forward. We are prepared to support you and take on the stress and complex tasks, so you can prioritize your healing.
FAQs About Car Accident Insurance Claims
Whose insurance pays in a multi-car accident?
In a multi-car accident in Nebraska, determining who pays depends primarily on who was at fault. Nebraska follows a modified comparative negligence rule, meaning each driver can be assigned a percentage of fault. If you are less than 50% responsible, you can recover damages from other at-fault parties.
The primary insurance that pays is typically the at-fault driver’s liability coverage. However, if multiple drivers share fault, their insurance companies may pay proportionally based on their client’s percentage of responsibility. In complex multi-vehicle collisions, your own collision coverage might initially cover your vehicle damage, and then your insurer will pursue subrogation against other responsible parties.
Our award-winning Omaha car accident attorneys can help navigate these complex insurance scenarios to ensure you receive fair compensation.
Do car insurance companies pay medical bills directly?
Car insurance companies typically do not pay medical bills directly to healthcare providers immediately following an accident. Instead, in most cases, you’ll need to pay your medical expenses upfront using your health insurance or personal funds, and then seek reimbursement through an insurance claim or settlement.
Nebraska law requires drivers to carry personal injury protection (PIP), which can help cover initial medical expenses regardless of fault. For serious injuries, the at-fault driver’s bodily injury liability coverage should ultimately cover your medical expenses as part of a settlement. Many healthcare providers may also agree to place a medical lien on your case, allowing them to be paid directly from your settlement.
An experienced car insurance dispute lawyer can help coordinate with medical providers and insurance companies to ensure your bills are properly handled.
What happens if the at-fault driver is uninsured?
When you’re involved in an accident with an uninsured driver in Nebraska, your options for compensation become more limited but not impossible. First, check if your own auto policy includes uninsured motorist coverage (UIM), which is required in Nebraska and typically matches your liability limits. This coverage steps in to pay for your injuries and damages as if the at-fault driver had insurance.
For vehicle damage, you’ll need collision coverage on your policy, which is optional but valuable in these situations. Without adequate coverage, you may need to file a personal lawsuit against the uninsured driver, though collecting on a judgment can be challenging. Some victims may also need to explore their health insurance or medical payment coverage to help with immediate medical expenses.
Our uninsured motorist accident attorneys specialize in maximizing compensation in these difficult scenarios.
How long do I have to file an insurance claim after an accident?
In Nebraska, while you should report an accident to your insurance company as soon as possible (usually within 24-48 hours), the legal deadline for filing a formal injury claim is governed by the statute of limitations. For personal injury claims, including car accidents, you have four years from the date of the accident to file a lawsuit. For property damage claims, you also have four years.
However, insurance policies often contain contractual requirements to report accidents “promptly” or “as soon as practicable.” Waiting too long could give your insurer grounds to deny your claim, arguing that the delay prejudiced their investigation. Additionally, evidence deteriorates and witnesses’ memories fade over time, potentially weakening your case.
For fatal accidents, surviving family members have two years to file a wrongful death claim. We recommend consulting with an attorney as soon as possible after any serious accident.
FAQs About Accident Types and Liability
Who is at fault in a rear-end collision?
In rear-end collisions, the trailing driver is typically presumed to be at fault in Nebraska, as all drivers have a duty to maintain a safe following distance and remain alert to traffic conditions ahead.
However, this presumption isn’t absolute. There are situations where the leading driver may share partial or full responsibility, such as when they suddenly reverse, have non-functioning brake lights, make an abrupt stop without cause, or deliberately cause the accident (as in insurance fraud schemes). Nebraska follows comparative negligence rules, meaning fault can be divided between multiple parties. Even if you were the trailing driver, you might not bear 100% of the liability if the other driver contributed to causing the accident.
Our rear-end collision attorneys can investigate all factors to establish an accurate fault determination and protect your rights.
Who is liable in a parking lot accident?
Liability in parking lot accidents in Nebraska depends on specific circumstances and right-of-way patterns:
Right-of-way hierarchy:
- Drivers in thoroughfare (main) lanes have priority over those in feeder lanes
- Drivers in feeder lanes have priority over those pulling out of parking spaces
Common liability factors:
- Violating traffic signs (stop or yield signs)
- Backing up without looking
- Speeding through the parking lot
- Distracted driving while searching for spaces
Since parking lots are private property, police may not file detailed reports, making self-documentation crucial. Nebraska’s comparative negligence rules apply, meaning multiple drivers may share fault
Our attorneys specializing in parking lot injuries can help determine liability and pursue compensation for these often complex cases.
What causes most head-on collisions?
Head-on collisions in Nebraska are among the most devastating accident types and are typically caused by several key factors.
- Distracted driving, particularly texting or using mobile devices, causes drivers to drift into oncoming traffic.
- Impaired driving due to alcohol or drugs significantly impairs judgment and coordination, leading to lane departures.
- Fatigued driving produces similar effects to intoxication and often occurs on rural Nebraska highways.
- Improper passing attempts on two-lane roads, particularly on hills or curves with limited visibility, frequently lead to head-on crashes.
- Poor weather conditions, such as ice, snow, or heavy rain, can cause vehicles to lose control and cross center lines.
- Sometimes, confusion at complicated intersections or wrong-way driving on highways (often by elderly or impaired drivers) results in these catastrophic crashes.
Our head-on collision lawyers have extensive experience investigating these complex cases to determine liability and secure appropriate compensation for victims.
What makes rollover accidents so dangerous?
Rollover accidents are particularly dangerous and often fatal due to multiple severe risk factors. The violent motion of a vehicle rolling creates multiple impact points and crushing forces that can cause catastrophic injuries even to properly restrained occupants. During a rollover, occupants experience extreme forces from multiple directions, leading to traumatic brain injuries, spinal cord injuries, or internal organ damage.
Vehicle roof crushes are common, reducing survival space within the cabin and causing severe head and neck trauma. Ejection from the vehicle becomes a significant risk, especially for unbelted occupants, dramatically increasing fatality rates.
Rollover crashes frequently trigger fuel system failures or electrical problems that can result in post-crash fires, creating additional danger. Certain vehicles, particularly top-heavy SUVs and trucks with higher centers of gravity, are more susceptible to rolling over during emergency maneuvers.
Our rollover accident attorneys understand the complex dynamics of these crashes and work with specialized experts to build compelling cases for victims.
Are side-impact collisions more dangerous than other accidents?
Side-impact collisions, often called T-bone accidents, are indeed among the most dangerous types of motor vehicle crashes, especially compared to front or rear-impact collisions. The primary reason is the limited protective structure on the sides of vehicles—typically just a door and window rather than the substantial crumple zones found at the front and rear. This means occupants on the struck side have only inches of protection from the intruding vehicle.
The human body is also more vulnerable to side impacts, as the ribs, shoulders, and pelvis cannot absorb forces as effectively from this direction. Modern vehicles include side-impact airbags and reinforced door beams, but these safety features cannot fully compensate for the fundamental physics problem. Children seated on the impacted side face particularly high risks.
The severity of injuries from side-impact collisions often depends on the speed and mass of the striking vehicle, with trucks and SUVs causing more damage than smaller cars.
Our side-impact accident lawyers have extensive experience helping victims of these particularly traumatic crashes.
FAQs About Distracted and Impaired Driving Accidents
How do you prove a driver was texting during an accident?
Proving a driver was texting during an accident involves gathering several types of evidence:
- Cell phone records are the most direct evidence, showing data usage, text messages, or app activity at the time of the crash, though these typically require a subpoena to obtain.
- Witness statements from other drivers or pedestrians who observed the driver looking down or manipulating a phone can be crucial evidence. Police reports may note officer observations about phone use or driver admissions at the scene.
- Video evidence from nearby surveillance cameras, dashcams, or traffic cameras might capture the driver’s actions before the crash.
- In serious cases, accident reconstruction experts can analyze evidence to determine if distraction was likely based on factors like lack of braking or evasive action.
- Social media posts made around the time of the accident can sometimes provide evidence of phone use.
Our texting and driving attorneys know how to legally obtain and present this evidence to strengthen your case.
What constitutes distracted driving beyond cell phone use?
Distracted driving extends far beyond cell phone use to include numerous behaviors that divert attention from the road.
Manual distractions involve taking hands off the wheel for activities like:
- Eating
- Drinking
- Grooming
- Adjusting controls
- Reaching for objects
- Interacting with passengers
Visual distractions pull your eyes from the road, including looking at GPS devices, reading maps or documents, watching videos, or rubbernecking at roadside incidents. Cognitive distractions occupy your mind with tasks like conversing with passengers, listening to engaging podcasts or audiobooks, daydreaming, or driving while emotionally distressed or extremely fatigued.
Many modern vehicle infotainment systems combine multiple distraction types. Nebraska law specifically prohibits texting while driving for all drivers and bans all electronic communication for novice drivers. Even legal activities like adjusting the radio can lead to liability if they cause a driver to operate their vehicle negligently.
Our distracted driving accident attorneys understand how to investigate and establish evidence of all forms of driver distraction.
What compensation can victims of drunk driving accidents receive?
Victims of drunk driving accidents in Nebraska may be eligible for extensive compensation that goes beyond what’s typically available in standard car accident cases.
Economic damages cover quantifiable financial losses including current and future medical expenses, lost wages, reduced earning capacity, rehabilitation costs, property damage, and any other out-of-pocket expenses related to the accident.
Non-economic damages address subjective losses such as pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and loss of consortium for spouses. In drunk driving cases specifically, punitive damages may be available to punish the intoxicated driver’s particularly reckless behavior, though these are limited in Nebraska.
Additional sources of compensation may include the drunk driver’s insurance, your own uninsured/underinsured motorist coverage, and potentially “dram shop” claims against establishments that served alcohol to visibly intoxicated individuals who then caused accidents.
Our drunk driving victim attorneys pursue all available avenues of compensation to maximize recovery for our clients.
Can passengers sue the driver they were riding with?
Passengers injured in car accidents can absolutely sue the driver they were riding with if that driver was wholly or partially at fault for the accident. As a passenger, you are almost never considered at fault for a collision, giving you strong legal standing as an injury victim.
You would file a claim against your driver’s liability insurance policy, which is specifically designed to cover injuries to passengers. This process typically doesn’t mean personally suing your friend or family member, but rather making a claim against their insurance company. If multiple vehicles were involved and more than one driver shares fault, you can pursue claims against all at-fault parties’ insurance policies.
In situations where your damages exceed available insurance, you might need to pursue underinsured motorist claims through your own policy. While some passengers hesitate to file claims against drivers they know personally, remember that you’re claiming against an insurance policy that exists precisely for this purpose.
Our attorneys can help you navigate these sensitive situations while ensuring you receive the compensation you deserve for your injuries.
FAQs About Commercial Vehicle Accidents
What makes truck accident claims different from car accident claims?
Truck accident claims differ significantly from standard car accident cases in several important ways. The severity of injuries is typically much greater due to the enormous size and weight disparity between commercial trucks and passenger vehicles, often resulting in catastrophic injuries or fatalities.
Multiple potentially liable parties may be involved, including the:
- Truck driver
- Trucking company
- Cargo loaders
- Truck manufacturers
- Maintenance contractors
Commercial trucks operate under extensive federal and state regulations from the Federal Motor Carrier Safety Administration (FMCSA), creating additional legal standards and potential violations to investigate. The insurance policies covering commercial vehicles have much higher coverage limits (often $750,000 to $2 million or more) compared to passenger car policies. Evidence in truck cases includes specialized data sources like electronic logging devices, onboard computers, and mandatory drug testing results.
Trucking companies typically dispatch rapid response teams to accident scenes immediately, making quick legal representation for victims essential. Our award-winning Omaha truck accident attorneys understand these differences and have the resources to effectively handle these complex claims.
Who is liable when a company vehicle causes an accident?
When a company vehicle causes an accident in Nebraska, liability often extends beyond just the driver to include the employer under several legal theories. The doctrine of respondeat superior (Latin for “let the master answer”) holds employers legally responsible for negligent acts committed by employees while performing job duties.
This means a company is typically liable when an employee causes an accident while driving for work purposes. Direct negligence claims against the company might include negligent hiring (failing to properly screen drivers), negligent training, negligent supervision, or negligent maintenance of the vehicle fleet. In some cases, the vehicle manufacturer or a maintenance contractor might share liability if defects or improper repairs contributed to the accident.
Independent contractor relationships can complicate liability, though courts increasingly look beyond labels to determine the true nature of the working relationship. Establishing the scope of employment is crucial—if the driver was on a personal errand or significant detour, the employer might avoid liability.
Our company vehicle accident lawyers have extensive experience navigating these complex liability questions.
What compensation is available in rideshare accident cases?
Accidents involving Uber, Lyft, or other rideshare vehicles present unique insurance scenarios that differ from typical car accidents. Both Uber and Lyft maintain substantial insurance coverage that includes $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $25,000 per accident for property damage when drivers are logged into the app but haven’t accepted a ride. Once a driver accepts a ride request or has passengers in the vehicle, coverage increases significantly to $1,000,000 in auto liability coverage.
This tiered insurance structure means your compensation options vary depending on whether the driver was between rides, en route to pick up a passenger, or actively transporting passengers when the accident occurred. If you were a passenger in a rideshare vehicle, you’re typically covered under the company’s $1 million policy regardless of who was at fault. If the rideshare driver was not at fault, you might also have a claim against the other driver’s insurance.
Our rideshare accident attorneys understand the complexities of these cases and can help determine all potential sources of compensation.
Let Knowles Law Firm Fight for the Justice You Deserve. Call Us at (402) 431-9000 for a Free Case Evaluation Today.
FAQs About Motorcycle Accidents
Are motorcycle accident claims handled differently than car accident claims?
Motorcycle accident claims are indeed handled differently than standard car accident claims in several significant ways:
- Injury severity: Motorcycle accidents typically cause more severe injuries, resulting in higher medical expenses and longer recovery periods
- Bias challenges: Insurance adjusters, jurors, and the public often hold unfair biases against motorcyclists that must be actively countered
- Insurance differences: Coverage for motorcyclists often involves separate policies with different limits or exclusions
- Specialized reconstruction: The physics and dynamics of motorcycle accidents require specialized knowledge in accident reconstruction
- Unique legal factors: Liability determinations may involve specific considerations like lane splitting regulations
Our motorcycle accident attorneys have specific experience counteracting anti-motorcyclist bias and highlighting the often-overlooked legal rights of riders.
What rights do motorcycle passengers have after an accident?
Motorcycle passengers often have stronger legal positions than riders after accidents:
- No comparative negligence: As a passenger with no control over operation, you typically cannot be found at fault
- Multiple recovery sources: You can pursue compensation from all potentially liable parties:
- The motorcycle operator (even if a friend/family member)
- Other involved vehicle drivers
- Government entities responsible for dangerous road conditions
- Manufacturers if defective parts contributed
- Full compensation eligibility: You’re entitled to the same damages as other accident victims (medical expenses, lost wages, pain and suffering, long-term care)
- Multiple insurance options: Claims can be filed with the motorcycle operator’s insurance, other vehicles’ insurance, and potentially your own health or uninsured/underinsured motorist coverage
While many passengers hesitate to file claims against friends, remember that insurance exists precisely for this purpose. Our attorneys can navigate these sensitive situations while ensuring your rights as a motorcycle passenger are fully protected.
FAQs About Accident Documentation and Evidence
What evidence should I collect after an auto accident?
Collecting comprehensive evidence after an auto accident is crucial for building a strong claim:
- Document the scene: Take photos and videos of vehicle positions, damage from multiple angles, license plates, skid marks, road conditions, and weather
- Gather personal information: Collect names, addresses, phone numbers, driver’s license numbers, and insurance information from all involved parties
- Identify witnesses: Get contact information from anyone who saw the accident
- Check for surveillance: Note nearby businesses or traffic cameras that might have captured the incident
- Obtain official documentation: Get a copy of the police report with the officer’s observations
- Keep medical records: Save all hospital visits, doctor’s notes, test results, and prescription information
- Track expenses: Maintain records of medical bills, repair estimates, rental costs, and lost wages
Our attorneys will help you organize this evidence to build a compelling case for maximum compensation.
When should I report an accident to the police and DMV in Nebraska?
Nebraska’s accident reporting requirements vary based on severity:
- Police reporting: For accidents with injuries or death (including rideshare accidents), report to police immediately if physically possible
- Minor accidents: Police notification isn’t required for minor crashes without injuries, though a report often strengthens insurance claims
- DMV reporting: If police create a report, no separate DMV filing is needed
- Self-reporting requirement: If no police investigation occurred and the accident caused injury, death, or property damage of $1,500+ to any one person’s property, you must submit a Driver’s Motor Vehicle Crash Report to the Nebraska Department of Transportation within 10 days
- Consequences: Failing to report when required can result in license suspension
Even for minor accidents, always exchange information with involved parties, including names, addresses, phone numbers, driver’s license numbers, and insurance details. Our attorneys can guide you through proper reporting procedures to protect your legal rights.
How should I document my injuries and medical treatment?
Thorough documentation of injuries and medical treatment significantly strengthens your compensation claim:
- Seek prompt medical care: Establish an official record linking injuries to the accident
- Take photographs: Document visible injuries from multiple angles throughout recovery
- Keep a recovery journal: Record pain levels, emotional impacts, sleep issues, and activity limitations
- Maintain perfect attendance: Attend all medical appointments and follow treatment plans
- Organize medical records: Save emergency reports, test results, treatment plans, and therapy notes
- Track all expenses: Document medical bills, prescriptions, equipment, and transportation costs
- Get professional assessments: Request written statements from doctors about prognosis and limitations
Our attorneys work with medical professionals to ensure your injuries and their life impact are comprehensively documented for maximum compensation.
FAQs About Settlement and Compensation
How are car accident settlements calculated?
Car accident settlements are calculated by assessing several key factors:
- Economic damages: Precise calculations of medical expenses (current/future), property damage, lost wages, reduced earning capacity, and out-of-pocket costs
- Non-economic damages: Compensation for pain, suffering, emotional distress, and reduced quality of life, typically valued based on injury severity and permanence
- Liability strength: Cases with clear fault typically settle for more than those with disputed liability
- Comparative negligence: Under Nebraska law, your compensation may be reduced by your percentage of fault
- Insurance limits: Policy maximums often cap available compensation regardless of actual damages
- Personal factors: Age, pre-existing conditions, injury visibility, treatment consistency, and legal representation quality
Our attorneys leverage their experience with car accident settlement calculations to maximize the value of your specific claim.
Should I accept the insurance company’s first settlement offer?
Accepting an insurance company’s first settlement offer is almost always against your best interests for several critical reasons:
- Intentionally low valuation: Initial offers are typically far below what your claim is actually worth
- Incomplete injury assessment: Many injuries have delayed symptoms or complications that develop weeks or months after an accident
- Permanent consequences: Once you accept a settlement and sign a release, you forfeit all rights to additional compensation, even if your condition worsens
- Strategic pressure: Insurance companies count on financial vulnerability to pressure quick acceptance
- Substantial differences: The gap between initial and final settlements often represents tens or hundreds of thousands of dollars
Consulting with an experienced car accident attorney before responding to any offer ensures you understand your claim’s true value and have skilled negotiators advocating for maximum compensation.
How long does it take to settle an auto accident claim?
Auto accident settlement timelines in Nebraska vary based on several factors:
- Simple cases: Clear liability, minor injuries, and cooperative insurers might settle in 3-6 months
- Complex cases: Disputed liability, severe injuries, or multiple parties typically take 1-2 years, especially if litigation is necessary
- Medical recovery: Cases shouldn’t settle until you’ve reached maximum medical improvement (MMI) or future needs are established
- Insurance tactics: Carriers often use intentional delays to pressure acceptance of lower settlements
- Investigation needs: Cases requiring accident reconstruction or expert testimony take longer to prepare properly
- Litigation process: Court schedules and potential appeals extend timelines considerably
While Knowles Law Firm works diligently for efficient resolution, we prioritize thorough preparation and maximum compensation over quick but inadequate settlements. Premature settlement typically leaves substantial compensation unclaimed.
Let Knowles Law Firm Fight for the Justice You Deserve. Call Us at (402) 431-9000 for a Free Case Evaluation Today.
FAQs About Working With an Attorney
When should I hire a car accident lawyer?
You should consider hiring a car accident lawyer immediately after any accident resulting in injuries or significant property damage. Early legal representation is particularly crucial in cases involving severe injuries, disputed liability, commercial vehicles, government entities, uninsured drivers, bad faith insurance practices, or multiple potentially liable parties.
The earliest stages of a case are often the most critical—evidence must be preserved, witness statements collected, and proper notice given to insurance companies. While minor fender-benders with no injuries might be handled without legal representation, even seemingly straightforward cases can develop unexpected complications.
Most reputable personal injury attorneys, including Knowles Law Firm, offer free initial consultations and work on a contingency fee basis (only collecting payment if they secure compensation for you), minimizing financial risk. Insurance companies begin building their defense immediately after an accident is reported, giving them a significant advantage over unrepresented claimants.
Having experienced legal counsel from the beginning helps level the playing field.
How do car accident lawyers help maximize compensation?
Car accident lawyers maximize compensation through strategic case development and negotiation:
- Conducting thorough investigations beyond the police report
- Identifying all liable parties and applicable insurance policies
- Uncovering additional compensation sources like underinsured motorist coverage
- Accurately valuing both economic and non-economic damages
- Countering insurance company tactics designed to minimize payouts
- Preparing compelling cases with expert witnesses and evidence
- Handling all communication with insurance companies
- Negotiating from a position of strength or taking cases to trial when necessary
Studies consistently show that accident victims with legal representation receive significantly higher settlements, even after attorney fees. Our car accident lawyers have decades of experience securing maximum compensation for Nebraska accident victims.
What should I expect during my first consultation with a car accident attorney?
Your first consultation with a car accident attorney at Knowles Law Firm typically includes:
- Providing detailed information about your accident and injuries
- Discussing documentation you’ve gathered (police reports, photos, medical records)
- Learning about Nebraska’s relevant laws and how they apply to your case
- Receiving an assessment of your case’s strength and potential challenges
- Understanding the contingency fee structure (no recovery, no fee)
- Learning about next steps in the representation process
This initial consultation is usually free and carries no obligation, allowing you to make an informed decision about legal representation.
FAQs About Post-Accident Steps and Compensation Recovery
What Should You Do After an Auto Accident?
After a car accident, there are a few important steps you can take. The following are our recommendations for any victims who want to take legal action by filing a personal injury claim against the responsible party or parties:
- Seek medical attention as soon as possible; Contact us if you need assistance finding a medical provider who can help
- File all necessary reports with law enforcement, insurance, and the DMV
- Collect evidence related to your claim, including medical bills, receipts, photos, videos, and witness statements
- Make note of your injuries and the healing process, including photos when possible
- Get off social media, to preserve your privacy and limit information the other parties can access
- Avoid discussing your claim with anyone, including friends and family; The only exception to this rule is to speak with a retained attorney, as there are additional measures in place to protect your privacy
- Speak with insurance, but only provide information they ask for directly; Refrain from providing clarifying information or extra details; Whenever possible, have your attorney speak to insurance instead
- Retain a lawyer who is qualified and experienced to handle your claim
- Follow your attorney’s recommendations for next steps
By following these suggestions and taking your attorney’s recommendations seriously, you significantly improve the likelihood of obtaining fair and complete compensation for your damages.
Who Is Responsible for Covering My Damages?
In a car accident, determining who is responsible for your injuries and losses can be difficult. Especially because many parties may be involved in the accident, it’s essential to consider all possibilities before taking definitive legal action.
Any of the following individuals might be responsible for your damages:
- The other driver
- Passengers or pedestrians
- Parts, vehicle, or equipment manufacturers
- Employee or employer on the premises where the accident took place
- Property owner or renter
- State or city government entities, including maintenance workers
Further, more than one person can be responsible for your injuries and monetary damages. When you work with an attorney at Knowles Law Firm, we can help you determine who and how many people are responsible, demonstrate liability on your behalf, and hold negligent individuals accountable for their actions.
How to Prove Negligence in a Car Accident Claim?
You must prove that an individual is negligent and liable for your damages. Typically, this will require that you prove the person had a duty of care, that that duty of care was breached, that their negligence caused your injuries somehow, and that you face monetary damages.
Once you demonstrate you face monetary damages, you may also be eligible to receive compensation for non-economic damages or those without objective monetary value. This process may be difficult, so we recommend working with an attorney.
What Compensation Can I Seek in an Auto Accident Claim?
After a car accident, victims may be eligible to obtain significant compensation for their losses and physical injuries. Depending on the circumstances, you can obtain complete financial recovery for the following damages:
- Medical bills, including surgeries and treatments, ambulance fees, future care, and more
- Physical and occupational therapies
- Loss of wages or wage-earning potential
- Property damage and repair costs
- Wrongful death
- Loss of consortium or companionship
- Pain and suffering
- Emotional distress
- Scarring and disfigurement
- Loss of enjoyment of life
Additional losses may also qualify for compensation, depending on the circumstances within your claim.
How Are Non-Economic Damages Calculated?
Some damages are considered non-economic losses, meaning they don’t have an objective monetary value tied to them. Medical bills are generally pretty objective, presenting a dollar amount that covers the value of treatments and related care. On the other hand, emotional distress is a non-economic damage. Instead, the amount of compensation someone can receive for non-economic losses is based on the other damages the victim already faces.
Multipliers are often used to calculate the monetary value of non-economic loss. Consider a car accident where the economic damages total $200,000. If a victim faced relatively little non-economic loss, the economic damages might be multiplied to increase by 50%, giving them $300,000. However, if a survivor has experienced significant non-economic suffering, the amount might increase by 500% or more, giving them $1.2 million. According to Find Law, Nebraska has a damage cap for all damages in personal injury claims, and this limit is set to $2.25 million.
Let Knowles Law Firm Fight for the Justice You Deserve. Call Us at (402) 431-9000 for a Free Case Evaluation Today.
How Knowles Law Firm Can Help You With Your Auto Accident Claim
When you’re facing the aftermath of an auto accident, navigating the complexities of a personal injury claim can be daunting. At Knowles Law Firm, we bring over 55 years of experience and a proven history of achieving multi-million dollar settlements to every case we take.
From handling insurance negotiations to identifying liable parties and calculating the full extent of your damages, we ensure no detail is overlooked. Let us take on the legal burdens so you can focus on what matters most—your recovery. Contact us today at (402) 431-9000 or through our contact form.
- 11404 W Dodge Rd Suite 450, Omaha, NE 68154
- (402) 431-9000
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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