Criteria for Personal Injury Claims in Omaha, NE

Experiencing a life-changing injury due to the negligent actions of another person is a scary and stressful experience. We know firsthand that the legal system governing personal injury litigation in Omaha, NE can be confusing and difficult to navigate at times. Our legal team put together this article to help you understand whether you may have the basis of a personal injury case. If you still have questions after reading this article, don’t hesitate to give Ausman Law Firm P.C., L.L.O. a call!

Who Can File a Personal Injury Lawsuit in Nebraska?

Generally speaking, any adult who has suffered direct harm due to another individual or party’s negligent actions may file a personal injury lawsuit for the damages they incurred. The state of Nebraska sets a time limit (“statute of limitations”) on how long you have to file a personal injury lawsuit against the liable party. In most cases, you have four years from the day of your injury to file a claim, but some cases may have a shorter statute of limitations. You should consult with an attorney as soon as you can to determine whether you have the foundation of a case and ensure that the state’s deadline is not exceeded.

What is Negligence & How is it Determined?

To successfully pursue a personal injury case, your lawyer must prove that the defendant acted in a negligent manner that directly resulted in the damages you suffered. If a person’s actions (or failure to act) were unreasonable and caused harm, they may be deemed negligent. Before someone can be held liable for your injuries, the following elements must be proven:

• Duty of care: The defendant must have had a duty to act with the plaintiff’s safety in mind. For example, drivers are expected to drive responsibly and not put other motorists at risk of harm in a reckless crash.
• Breach of duty: The defendant must be proven to have breached their duty of care to the plaintiff by careless or unsafe actions.
• Causation: There must be clear correlation between the defendant’s actions and the plaintiff’s losses.
• Damages: There must be evidence that the plaintiff suffered calculable losses as a result of the defendant’s unsafe actions.

What Makes for a Strong Omaha, NE Personal Injury Case?

Each case is unique, and our attorneys are happy to discuss the details of your specific situation with you during a free initial consultation. However, the strongest cases tend to have a combination of the following elements:

• Clear liability: If it’s uncertain who or what caused your injuries, it will be challenging to determine liability. Without a liable party to hold accountable for their actions, it’s difficult to build a case on your behalf.
• Substantial damages: It stands to reason that the more significant your financial damages, the greater your compensation is likely to be. A person that suffers life-changing injuries is more likely to be awarded significant compensation than a person that suffered minor bruising in a fender bender.
• Good potential for compensation: If you can identify the party responsible for your injuries, you can sue them. However, if they have no financial means of compensating you for your damages, it may not make much sense to pursue litigation against them.

Ausman Law Firm P.C., L.L.O. Can Help With Your Case

If you’ve been injured by someone else’s actions and you think you may have the foundation of a personal injury case, give us a call or contact us online today. The legal team at Ausman Law Firm P.C., L.L.O. is here to help in your time of need.