Nebraska’s personal injury laws aim to protect individuals harmed by the negligence or intentional actions of others. If you’ve been injured, understanding the types of personal injury cases can help you navigate the legal process and determine if you’re entitled to compensation. Here are the most common personal injury cases in Nebraska:
- Auto accidents
- Defective products
- Dog bites
- Medical malpractice
- Premises liability
- Workplace injuries
- Wrongful death
Auto Accidents
Car accidents are one of the leading personal injury types in Nebraska. With the state’s expansive roadways, its role as a major transportation hub, and the ever-growing number of vehicles, car crashes happen frequently, ranging from minor fender-benders to more serious collisions. Types of vehicle accidents in Nebraska include cars, motorcycles, trucks, cyclists, and pedestrians.
Injuries in these car accidents can vary widely, from soft tissue injuries like whiplash to severe injuries such as broken bones, spinal cord injuries, or even fatalities. Commercial trucks in particular, like semi-trucks and tractor-trailers, can cause devastating accidents due to their size and weight.
Nebraska follows a comparative fault rule, meaning that if you are partially at fault for an accident, your compensation may be reduced based on your degree of fault. Liability in truck accident cases can be complex. It might involve not only the truck driver but also trucking maintenance providers, manufacturers, and the truck company—for example, the company may be held liable for allowing the driver to drive too many hours in one day or to drive in bad weather.
In any case, one of the first things to do after a car accident is seek legal counsel to explore your options for pursuing a personal injury claim.
Defective Products
Product liability cases happen when a product is defectively designed, manufactured, or marketed in a way that causes harm to the user. Common examples include faulty medical devices, dangerous toys, or car parts that malfunction. In defective product lawsuits, the manufacturer, distributor, or retailer may be held responsible for the injuries caused by the defective product.
Product liability laws in Nebraska, as in many states, allow injured individuals to file claims for damages even if they did not purchase the defective product themselves. If you’ve been injured by a product, it’s important to preserve and document evidence and consult a personal injury attorney in Nebraska to determine the best course of action.
Dog Bites
Nebraska’s dog bite law, outlined in Nebraska Revised Statutes 54-601, imposes strict liability on dog owners for injuries caused by their dogs, regardless of the dog’s prior behavior or the owner’s knowledge of aggression. This means the owner is liable for damages caused by their dog biting or attacking a person, unless the injuries were caused by specific situations such as trespassing or playful behavior (Injuries caused by a dog’s playful or mischievous actions may not result in liability unless negligence can be proven).
The statute also covers injuries beyond bites, such as being knocked down by a dog. However, Nebraska does not follow the “one bite rule,” meaning liability applies even if it is the dog’s first incident.
Victims can seek compensation for medical expenses, lost wages, and other damages. The statute of limitations for filing a claim is typically four years from the date of injury.
Medical Malpractice
Medical malpractice occurs when a healthcare provider fails to deliver the standard of care expected, resulting in harm to the patient. Common examples of medical malpractice include misdiagnosis, surgical errors, anesthesia mistakes, and prescription errors.
If a healthcare provider’s negligence caused you injury or worsened an existing condition, you may have grounds for a medical malpractice case. These cases can be complicated, often requiring expert testimony to establish that the healthcare provider’s actions deviated from the accepted standard of care. In Nebraska, there are also specific rules regarding the amount of damages you can seek in a medical malpractice lawsuit, so hiring an experienced attorney is crucial.
Premises Liability
Premises liability cases like slip and fall accidents are another common personal injury case, where an individual is injured due to unsafe conditions on someone else’s property. These accidents can happen in a variety of settings, including grocery stores, restaurants, shopping malls, and even private homes. Common causes include wet floors, uneven surfaces, poorly lit areas, and defective staircases.
In Nebraska, property owners have a responsibility to maintain safe premises and warn visitors of any hazards. If you were injured due to the negligence of a property owner or manager, you may be entitled to compensation for medical bills, lost wages, and pain and suffering. Consult a personal injury attorney near you for help proving negligence in slip and fall cases.
Workplace Injuries
Workplace injuries are another common example of a personal injury claim in Nebraska, especially in industries such as construction, agriculture, and manufacturing. These injuries can range from minor cuts and bruises to more serious conditions like spinal cord injuries, amputations, or fatalities.
Nebraska’s workers’ compensation system provides benefits to eligible workers who are injured on the job. While workers’ compensation can cover medical expenses and lost wages, it doesn’t typically allow workers to sue their employer for additional damages. However, if a third party (such as a contractor or equipment manufacturer) was at fault, you may have the option to pursue a personal injury claim in addition to workers’ compensation.
For help filing a workers’ comp claim and to avoid mistakes with workers’ comp cases, speak with a qualified attorney.
Wrongful Death
In the tragic event that a loved one dies due to the negligence or wrongful act of another party, a wrongful death claim can be filed by the surviving family members. Common causes of wrongful death in Nebraska include car accidents, medical malpractice, workplace accidents, and criminal acts.
A wrongful death lawsuit allows surviving family members to seek compensation for funeral expenses, lost wages, and emotional distress. In Nebraska, only certain individuals—such as the deceased’s spouse, children, or parents—can start a wrongful death case.
If you’ve been injured due to someone else’s negligence, consult an experienced personal injury attorney at Dyer Law, or call (402) 393-7529 to schedule your free consultation today!
The information provided in this blog post is for informational purposes only and does not constitute legal advice. You should consult with an experienced injury claim lawyer near you to discuss the specific details of your case.