Car Accident Lawyers

1. Economic Damages: Losses you can count, like current and future medical bills, lost pay from work, and car repair costs. 2. Non-Economic Damages: Losses that are harder to measure, such as pain and suffering, emotional distress, physical disability, and loss of companionship. Victims who suffer harm in a car accident can seek comprehensive financial compensation, which is generally split into two main types of recoverable damages. The first type is Economic Damages, which are losses you can count and calculate with certainty. These include current and future medical bills for emergency room visits, surgery, physical therapy, prescription medications, lost pay from being unable to work, and the cost of repairing or replacing your car. The second category is Non-Economic Damages, which are losses that are harder to measure and place a dollar amount on. This includes significant pain and suffering, emotional distress, loss of enjoyment of life, physical disability, and the loss of companionship from a spouse or partner. You are entitled to seek recovery for both categories of damages in a personal injury claim.

The statute of limitations, which is the legal deadline for filing a lawsuit, changes based on the state where the car crash happened. For injury claims resulting from an auto accident, you must be aware of the strict time limits. In Nebraska, you typically have four years from the date of the crash to officially file a lawsuit with the court or finalize a settlement. Conversely, if the crash occurred in Iowa, the time limit is shorter, typically giving you only two years from the date of the injury to take legal action. It is vital to comply with this deadline because if you miss the statute of limitations, you lose your legal right to pursue a claim and cannot recover any compensation, regardless of how severe your injuries are or how clearly the other driver was at fault.

Both Nebraska and Iowa use a specific legal doctrine called the 'modified comparative negligence' rule to handle cases where both drivers share some degree of fault for the accident. This rule directly impacts the final amount of compensation you receive. Specifically, your final compensation is lowered by the exact percentage you were found to be at fault. For example, if a jury determines you are 20% at fault and you win a total award of $100,000, your recoverable compensation is reduced by 20%, meaning you get $80,000. However, the 'modified' part of the rule sets a critical bar: if your fault is determined to be 50% or more in Nebraska (or 51% or more in Iowa), the law stops you from collecting any money at all from the other party.

Yes, even if your health insurance has already paid for your medical bills, you still have the legal right to claim the full, original cost of all medical treatments from the at-fault driver. This principle is protected under Nebraska’s collateral source rule, which is designed to prevent the defendant from benefitting from your foresight in having health insurance coverage. Under this rule, the at-fault driver’s insurance company cannot use payments from your personal health insurance or your Med Pay coverage to lower the total amount of money they owe you as compensation. The full cost of all medical bills stemming from the car crash is the measure of damages, and you retain the legal right to seek that entire amount, though you may be obligated to reimburse your health insurance provider from the final settlement.