After sustaining painful and expensive injuries in a negligent accident, many victims are aware that they can seek compensation for their losses, but are unsure what steps they need to take. The Robert Pahlke Law Group is an experienced personal injury firm that has helped thousands of clients recover the generous financial settlements they deserve, and we can help you if you were harmed by another’s negligence.
Our Nebraska injury attorneys are experienced in all types of cases, and we can protect your rights and provide you with the powerful advocacy needed to pursue rightful compensation.
To help you better understand the law, your rights, and the legal options available in your situation, take a few moments to read the helpful frequently asked questions section below.
Have additional questions about your specific case? Call us at 308-633-4444!
What is negligence and how does it affect my case?
Negligence occurs when someone fails to act with the proper level of care and caution needed to prevent injury or harm to another person, which any reasonable person would use in the same situation. Negligence can also result from a person acting in a way in which a reasonable person in the same situation would not.
Regardless of the circumstances, negligence is perhaps the most important factor of any personal injury case. A victim cannot hold another person (known as the defendant) liable for their losses unless they can prove that the defendant’s negligence directly caused their injuries. Your attorney must show that negligence occurred in your case by proving the following:
- The defendant owed you a duty of care
- The defendant violated the duty of care that was owed
- You were injured
- The defendant’s violation directly caused your injuries
If you are unsure whether you were harmed because of negligence, call our offices to discuss your circumstances with one of our talented attorneys.
How can I know if I have a personal injury case?
If you were hurt because another person acted recklessly or carelessly, it is important to learn whether you have grounds to file a claim or lawsuit to seek fair compensation. Although every case is different, there are four main factors that must be present in order to pursue legal action under personal injury law. To help determine if you can hold the other person liable for your losses, ask yourself the following questions:
- Can someone be identified as the cause of my injuries? You must be able to identify and locate the responsible person before you can pursue compensation through a lawsuit or claim.
- Can I prove that this person is liable for my injuries? In order to hold the defendant liable for your losses, your attorney will have to prove that you have grounds to seek a settlement through personal injury case law and legislation.
- Are my losses quantifiable? Your lawyer will need to prove that the defendant’s negligence directly caused you to suffer compensable losses and injuries. Quantifiable losses include such things as medical expenses, permanent injuries or disabilities, missed wages, emotional trauma, and property damage.
- Am I within the statute of limitations? Nebraska law typically allows victims 4 years in which to seek compensation for injuries and property damage through a claim or lawsuit.
How much is my case worth?
The amount of compensation you could receive through a claim or lawsuit is dependent upon a number of different factors. Your attorney will need to assess various components of your case to determine how large of a settlement you could be entitled to receive for your injuries and losses. Some of the factors that impact how much a case may be worth include:
- Related medical expenses, such as emergency medical care costs, doctor visits, medical supplies, prescriptions, rehabilitation, therapy, and the cost of traveling to medical appointments
- Future medical costs needed for the injury
- Wages lost during the recovery process
- The lasting impact upon your mental health and physical capabilities
- Psychological damages sustained
- The loss of future earning capacity or wages caused by permanent injuries or disabilities
A lawyer from our firm can assess your situation to determine how much compensation you could receive for your injuries and losses.
How are claims and lawsuits different?
Claims and lawsuits are different methods for victims of negligent accidents to seek compensation from the liable parties, but there significant distinctions between the two.
- Personal Injury Claim: Filing a claim is an informal process that the victim takes to file a claim for compensation with the defendant’s insurance company. When filing a claim the victim seeks to recover reasonable compensation for their injuries and damages. If the claim cannot be resolved through this method then the victim may decide to file a lawsuit.
- Personal Injury Lawsuit: Filing a lawsuit in civil court is a formal legal action taken by the victim against the liable person, parties, corporation, government entity, or insurance company to seek compensation for their losses. In this method the victim’s attorney argues their case before the court and the jury determines whether the case has merit and how much compensation the victim is entitled to receive. It is common for the defendant to seek to settlement with the victim to avoid going to court.
If you are considering taking legal action against the person who caused your injuries, contact a lawyer at our firm who can help you determine whether a claim or lawsuit is the best choice for your circumstances.
DISCUSS YOUR CASE WITH A SKILLED PERSONAL INJURY LAWYER IN NEBRASKA!
Have questions about your unique situation? Our skilled legal team has more than 80 years of combined experience in personal injury law, and we can help you understand your rights and options to pursue justice. Our attorneys have represented clients’ rights and interests in all kinds of negligent accident claims and lawsuits, and we can provide the attentive legal counsel and aggressive advocacy your case needs and your family deserves. Contact a Nebraska personal injury attorney at our firm today to learn how you can fight for rightful compensation for your family!