Understanding Nebraska’s Comparative Fault Law in Personal Injury Cases

When you’re injured in an accident caused by someone else’s negligence, you might assume that you’re entitled to full compensation. However, under Nebraska’s comparative fault law, the amount of compensation you can recover may be reduced if you are found to be partially responsible for the accident. This legal concept, also known as comparative negligence, plays a critical role in personal injury claims.

If you’re pursuing a personal injury claim in Nebraska, it’s essential to understand how comparative negligence can affect your ability to recover damages. This guide will explain Nebraska’s comparative negligence law, how fault is assigned, and how it impacts your personal injury case.

What is Comparative Negligence?

Comparative negligence is a legal principle that assigns a percentage of fault to each party involved in an accident. Unlike older laws that barred recovery if you were even 1% at fault, comparative negligence allows you to pursue compensation as long as your level of fault does not exceed a certain percentage.

In Nebraska, the state follows a rule known as modified comparative negligence. Under this rule, you can recover compensation as long as you are not more than 50% at fault for the accident. If you are found to be 51% or more at fault, you are totally barred from recovering damages.

How Does Nebraska’s Comparative Negligence Law Work?

To understand Nebraska’s comparative negligence law, it’s helpful to look at a simple example. Imagine you were involved in a car accident with another driver (Driver B). After a thorough investigation, the court determines that you were 30% at fault for the accident because you were driving slightly over the speed limit. Driver B is assigned 70% of the fault because they failed to yield at a stop sign.

If your total damages amount to $100,000, Nebraska’s comparative fault system will reduce your compensation by 30% to reflect your share of responsibility. As a result, you would recover $70,000 instead of the full amount.

If the court determines that you were 51% at fault, however, you would be totally barred from receiving any compensation. This is why having an experienced personal injury lawyer on your side is crucial to limit the amount of fault attributed to you.

How Fault is Assigned in a Nebraska Personal Injury Case

In personal injury cases, determining fault is not always straightforward. Multiple parties may be involved, and each party’s share of responsibility must be carefully evaluated. Here’s how fault is typically assigned:

Investigation: A thorough investigation is conducted to determine how the accident occurred. This includes reviewing police reports, accident scene photos, and witness statements.
Gathering Evidence: Your attorney will gather evidence to show how the actions of the other party contributed to the accident.
Fault Assessment: The insurance company or court assigns a percentage of fault to each party involved. This percentage directly affects how much compensation you can receive.

If you are only partially responsible for the accident, you can still pursue compensation, but it will be reduced proportionately to your share of fault.

The Role of Comparative Negligence in Different Personal Injury Cases

Nebraska’s comparative fault system applies to a wide range of personal injury cases, including:

Car accidents: If you are involved in a car accident with an other driver, your compensation will depend on how much of the accident is attributed to your own negligence.
Slip and fall cases: If you were injured on someone else’s property, your compensation could be reduced if the court finds that you were partially responsible for failing to notice an obvious hazard.
Medical malpractice cases: If a patient’s own actions contributed to a medical mistake, the compensation could be reduced under Nebraska’s comparative negligence law.
Product liability cases: If you failed to use a product as intended and were injured as a result, you may be assigned a portion of fault in the claim.

How Comparative Negligence Affects Compensation

Under Nebraska’s comparative negligence system, your compensation is reduced by your percentage of fault. This impacts several forms of recoverable damages, including:

Medical bills: If your medical bills total $20,000 but you are found 25% at fault, you would only recover $15,000.
Lost wages: If your lost wages amount to $10,000 but you are 40% at fault, you would only recover $6,000.
Property damage: Compensation for damaged personal property, like a vehicle, may be reduced if your negligence contributed to the accident.
Non-economic damages: Damages for pain, suffering, and emotional distress may also be reduced based on your share of fault.

What Happens When Multiple Parties Are Involved?

Accidents involving multiple parties can complicate the process of assigning fault. For example, in a multi-vehicle collision, each driver may be assigned a percentage of fault. In these cases, Nebraska’s comparative negligence system ensures that each party is held responsible only for their share of the damages.

When multiple parties are involved, it’s especially important to have an experienced personal injury lawyer to ensure your percentage of fault is minimized. This can make a significant difference in the amount of compensation you ultimately receive.

How Can a Nebraska Personal Injury Lawyer Help?

If you’ve been injured in an accident, it’s essential to understand how Nebraska’s comparative negligence system affects your case. Insurance companies often try to assign as much fault to you as possible to reduce the amount they have to pay. This is why you need a Nebraska personal injury lawyer on your side.

An attorney can:

Investigate the accident to prove that the other party was at fault.
Challenge fault determinations by insurance companies.
Negotiate fair compensation to ensure you aren’t unfairly assigned too much blame.

By working with a personal injury lawyer, you can improve your chances of maximizing your compensation under Nebraska’s modified comparative negligence rule.

Call for Your Free Consultation Today!

Learn more about understanding Nebraska’s comparative fault law in personal injury cases. Call Conway, Pauley & Johnson P.C. at (402) 462-5187 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and recovery.

FAQs About Nebraska’s Comparative Negligence Law

1. What is Nebraska’s comparative negligence rule?
Nebraska uses a modified comparative negligence rule, which allows you to recover compensation as long as you are not more than 50% at fault for the accident. If you are 51% or more at fault, you cannot recover any damages.

2. How does comparative negligence impact my compensation?
If you are found partially responsible for an accident, your compensation will be reduced by your percentage of fault. For example, if you are 20% at fault for a $50,000 settlement, you would only receive $40,000.

3. Can I still recover damages if I am partly at fault?
Yes, you can still recover damages if you are partly at fault, as long as you are not more than 50% responsible for the accident.

4. How is fault determined in a personal injury case?
Fault is determined through an investigation of the accident, review of evidence, and, if necessary, testimony from experts or witnesses. The court or insurance company assigns a percentage of fault to each party.

5. How can a personal injury lawyer help reduce my percentage of fault?
A personal injury lawyer can gather evidence to prove the other party’s negligence, challenge any attempts to assign blame to you, and advocate for a fair assessment of your responsibility. This can protect your right to full compensation.

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