Harris Law Offices
Lincoln, Nebraska
Accident, Work Injury And Wrongful Death Lawyers
SERIOUS INJURY FAQ's for NEBRASKA CLIENTS
What is Serious Injury?
Serious Injury is any physical or mental injury to a person that is the result of another person’s negligence or harmful act. Also known as personal injury, serious injury involves civil law cases as opposed to criminal law cases. The Lincoln, Nebraska Work Injury & Wrongful Death Lawyers at Harris Law Offices have experience in representing accident victims who have suffered serious personal injuries. Serious injury is often referred to as bodily injury or catastrophic injury and can occur in a wide variety of ways. The following are some of the most common accidents resulting in serious injury:
- Auto Accidents, Motorcycle Accidents, Truck Accidents and Boating Accidents
- Construction Accidents including scaffold building collapse and machine-related injuries
- Slip and Fall Accidents/Premises Liability
- Dog Bites
- Defective Products/Products Liability
What Financial Compensation Can I recover if I Hire a Serious Injury Lawyer?
Accident victims are entitled to recover monetary damages for all losses and expenses that they suffered as a result of the accident. Depending upon the particular circumstances of your case (whether you are a dog bite victim, accident victim, or victim of defective products), damages may include recovery for any of the following:
- Medical bills
- Lost Wages, including overtime
- Pain & Suffering
- Physical Disability
- Disfigurement
- Emotional Trauma
- Mental Disability
- Property Damage
What Is Negligence and How Does It Relate to My Case?
Careless behavior that causes an injury to another person, under the legal principle of "negligence" means the actor will be legally liable for any resulting harm. This basis for assessing and determining fault is utilized in most disputes involving a serious accidents or injuries, during initial settlement talks with your insurance company and the attorney, as well as the potential trial.
Generally, negligence claims require the plaintiff (the person injured) to show that the defendant (the person allegedly at fault):
- Owed a legal duty of care to the plaintiff under the circumstances
- Breached a legal duty through conduct or action (this can include a failure to act)
- Caused an accident or injury involving the plaintiff and
- Damaged or injured the plaintiff resulting in harm.
For additional information related to your case or other serious injury matters in Nebraska, contact Harris Law Office. at 402-434-9444 to schedule a free consultation with an experienced Lincoln, Nebraska Accident & Work Injury Lawyer
ABOUT WRONGFUL DEATH CLAIMS
What is Wrongful Death?
Wrongful Death Law, as an area of law, seeks to provide financial compensation to the heirs of a person whose death was caused by the negligent, willful, or wrongful act, neglect, omission, or default of another.
What Laws Govern Wrongful Death?
Each state has its own set of civil "wrongful death statutes." They all follow similar principles, with state-determined distinctions. There are no federal statutes for wrongful death.
Under What Circumstances Could a Wrongful Death Occur?
Damages for wrongful death cases have been awarded as a result of a variety of situations, including:
- Medical malpractice resulting in decedent's death.
- Neglect or abuse on the part of a nursing home that results in decedent's death.
- Automobile, bus, train airplane or other common carrier accident.
- Occupational exposure to hazardous conditions or substances (exposure to asbestos, etc.).
- Death during a supervised activity (sports tournament, field trip, etc.).
How Do I File a Wrongful Death Lawsuit?
A wrongful death lawsuit alleges that the decedent was killed as a result of the negligence (or other liability) on the defendant's part, and that the decedent's immediate family members (often called "distributees") are entitled to monetary damages as a result of the defendant's conduct. The most common distributees are surviving spouses and children, and sometimes parents. A wrongful death lawsuit may only be brought by the personal representative (executor) of the decedent's estate. But, actions for personal injury (survival actions), conscious pain and suffering, or expenses incurred prior to the decedent's death are also typically filed.
What Damages are Awarded in A Wrongful Death Lawsuit?
Pecuniary (financial) injury is the main way damages in a wrongful death action are awarded. Courts have interpreted "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance, and medical and funeral expenses. Damages also typically include interest from the date of the decedent's death. Punitive damages may also be awarded in cases of serious or malicious wrong-doing to punish the wrong-doer, and/or deter others from behaving similarly.
How are Damages Awarded?
Damages that are awarded for wrongful death cases belong to the estate and pass as directed by the decedent's will or by state law if such things are not specified in the will.
How Do I Decide if I Need to Hire an Attorney?
An attorney should be consulted if someone you love has died while under the care of medical personnel, or in an accident. Wrongful death cases can get quite complicated. In such cases, a medical malpractice attorney will have the legal expertise, time and resources to effectively handle your claim. An experienced medical malpractice or wrongful death lawyer will be able to accurately analyze the value of your case and will be able to meet all of the rules, requirements and deadlines that have to be met.
If a loved one has died after an accident caused by the negligence or misconduct of another individual, company or entity, you should retain a wrongful death lawyer right away. There are time limitations in filing your wrongful death lawsuit, as well as other legal implications. For immediate and comprehensive case assessment, contact Harris Law Offices.
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