Injuries resulting from accidents or negligence can include broken bones, burns, fractures, and other catastrophic injuries like spinal cord injuries, and traumatic brain injuries. For victims and their families, an injury can cause life-altering consequences. Those who are injured because of another person’s careless or reckless actions have rights, including pursuing legal action or insurance claims in Nebraska for compensation. A personal injury lawyer helps clients understand their rights, represents them throughout the legal proceedings, and aggressively advocates for them to secure compensation and justice.
Omaha Injury Lawyers
At Liberty Law Group, our team of plaintiff trial attorneys represents injured victims and their families in pursuit of justice in the civil court system. Our legal team will seek maximum compensation for damages suffered due to an injury caused by an accident or by the negligence of another party. Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and Council Bluffs in Pattawattamie County, Iowa. Including the surrounding Nebraska counties of Dodge, Washington, Saunders, and Cass as well as Harrison and Mills County in West Iowa. If you or a loved one was injured, contact our firm immediately to request a free consultation to discuss your case.
Nebraska Injury Information Center
Below, Liberty Law Group provides an overview of some of the main types of injuries in personal injury cases, the legal options available for victims, and the important role of personal injury lawyers in these situations.
- Common Types of Injuries
- How Liability for Injuries is Determined
- Legal Options for Injury Victims
- Negligence in Personal Injury Cases
- Damages in Personal Injury Cases
- Time Limits for Bringing Lawsuits in Nebraska
- Hiring an Injury Lawyer in Nebraska
- Additional Resources
Common Types of Injuries
- Concussion – A concussion is a mild form of brain injury that occurs when a blow or jolt to the head leads to a temporary disruption in brain function. This injury can also result from a hit to the body that causes the head and brain to move quickly back and forth, resulting in the brain bouncing or twisting within the skull. This movement can trigger chemical changes in the brain and sometimes stretch or damage brain cells. Concussion symptoms might include lack of coordination, confusion, memory loss, nausea, vomiting, headaches, ringing in the ears, dizziness, excessive fatigue, and sleepiness. These symptoms can significantly impact daily life, as they may affect cognitive abilities, mood, and physical well-being. Notably, a concussion doesn’t always lead to a loss of consciousness, and its symptoms may not be immediately apparent, sometimes emerging days after the injury. Car accidents or slip and falls, especially in older adults and young children, are common scenarios where concussions can happen.
- Burn Injuries – Burn injuries damage the skin or other body parts due to exposure to heat, chemicals, electricity, sunlight, or radiation. These injuries are categorized according to how severe they are: first-degree burns concern the skin’s outer layer, causing redness and pain; second-degree burns concern the deeper layers, leading to blisters and more intense pain; third-degree burns (the most serious type of burn classification) damage all layers of the skin and potentially underlying tissues, nerves, and muscles. The appearance of third-degree burns can range from white and charred to a leathery texture. These burns can cause significant physical discomfort and emotional trauma. The physical impact includes pain, potential for infection, scarring, and, in severe cases, functional impairment or disfigurement. The emotional and psychological toll of burn injuries can be profound, often requiring a long period of recovery and adjustment. Common causes include house fires, electrical malfunctions, and workplace accidents involving chemicals or machines.
- Bone Fracture – A bone fracture can happen in various ways: high-impact sports injuries, falls, especially in older people whose bones might be weakened, and car accidents are common causes. Fractures can vary greatly in size and severity, categorized as ‘simple’ or ‘compound’. Simple fractures involve a crack or break that doesn’t penetrate the skin, while compound fractures involve a break that does. The common symptoms of a bone fracture include intense pain at the site of the fracture, swelling, and sometimes an inability to use the injured area normally. The pain can be sharp or dull and is often exacerbated by movement or pressure. Swelling or bruising is common, and in some cases, the injured area may appear deformed. This type of injury can significantly hinder a person’s mobility and daily activities, leading to discomfort and a potentially long healing process.
- Paralysis – Paralysis is a loss of muscle function in part of the body, typically resulting from damage to the nervous system. It can affect any part of the body, making the victim unable to move or feel sensation in the affected areas. Paralysis can be temporary or permanent and can range from partial, affecting only a specific area, to complete, where all muscle control and sensation are lost. The most common causes include strokes, spinal cord injuries, and severe head trauma. Aside from a loss of movement and sensation, paralysis can cause secondary health issues like pressure sores or blood clots, and often a need for ongoing care. The psychological impact of paralysis can be catastrophic. Major causes include traumatic injury from car accidents, falls, and violence like gunshot wounds.
- Whiplash – Whiplash is a common neck injury usually resulting from a sudden, forceful back-and-forth movement of the neck. Whiplash is most commonly caused by rear-end car accidents, where the sudden impact causes the head to jerk backward and then forward, similar to the cracking of a whip. This rapid motion can strain the neck muscles and ligaments. Whiplash can also occur in sports that involve sudden collisions, like football, or in physical abuse cases, such as being shaken or punched. Symptoms typically include neck pain and stiffness, headaches, dizziness, blurred vision, or tiredness. These symptoms usually emerge within 24 hours of the incident but may develop days later and last for several weeks or more. Whiplash can lead to prolonged periods of discomfort and may result in chronic neck pain or other long-lasting complications, affecting a person’s ability to work and engage in daily activities. It can also lead to a reduced range of motion in the neck, ongoing headaches, and, in some cases, neurological symptoms like tingling or numbness in the arms.
- Neck Injury – A neck injury involves damage to any of the structures in the neck, such as muscles, bones, joints, tendons, ligaments, or nerves. Symptoms of neck injuries can be diverse but often include pain, stiffness, and difficulty moving the neck. In more severe cases, symptoms could include numbness or weakness in the arms or hands, indicating nerve damage or other serious conditions. Neck injuries can significantly affect daily life, leading to challenges in performing routine activities, work-related tasks, and even impacting sleep quality. The pain can range from a dull ache to sharp, debilitating pain and may be accompanied by headaches or shoulder pain. This type of injury can also lead to chronic conditions if not effectively managed.
- Amputation – Amputation involves the removal of a body part, usually a limb, either surgically or due to a traumatic injury. Amputations are typically the result of traumatic injuries from severe accidents, such as motor vehicle crashes, industrial accidents, medical malpractice, or severe burns. The loss of a limb or digit can have a massive impact on a person’s life, affecting their physical abilities, emotional state, and overall lifestyle. The challenges faced by amputees include adapting to the loss of function, learning to use prosthetic limbs, and coping with the psychological impact of such a significant change. The physical effects of amputation can include phantom limb pain (feeling pain in the amputated part), challenges in mobility, and the need to relearn basic tasks.
- Back Injury – A back injury can involve damage or pain to any part of the back, resulting from various causes like accidents, heavy lifting, or sudden movements. These injuries can range from mild strains affecting muscles and ligaments, to more severe conditions such as herniated discs or spinal fractures. Symptoms typically include pain, which can be sharp or dull, stiffness, muscle spasms, and limited mobility. In some cases, the injury can also lead to radiating pain, numbness, or tingling in the legs. Back injuries can have a significant impact on a person’s daily life, often limiting their ability to perform routine functions, work, or engage in activities with family and friends. The pain and discomfort associated with back injuries can be debilitating, and in some cases, can lead to chronic pain conditions, substantially affecting the individual’s quality of life.
- Knee Injury – Knee injuries involve damage to the structures within the knee joint, including bones, cartilage, ligaments, and tendons. These injuries often result from slip and falls, direct blows to the knee, or car accidents. Types of knee injuries range from minor strains and sprains affecting muscles and ligaments, to more severe injuries such as torn ligaments or meniscus tears. Common symptoms include pain, swelling, stiffness, and difficulty with knee mobility, such as walking or bending the knee. In severe cases, the knee may become unstable, giving out or locking up unexpectedly. Knee injuries can significantly hinder a person’s mobility and ability to perform daily tasks, often leading to considerable pain and discomfort.
- Spinal Cord Injury – Spinal cord injuries involve damage to the spinal cord, a major part of the nervous system that transmits signals between the brain and the body. The effects range from partial loss of function to complete paralysis. Symptoms can include loss of movement, loss of sensation, uncontrolled reflexes, and difficulty breathing. Spinal cord injuries are often life-changing, significantly impacting the victim’s ability to live independently and perform daily activities. They can lead to long-term or permanent disability, requiring a major change in lifestyle and living arrangements. The emotional and psychological impact of these injuries alone is remarkable.
- Brain Injury – Brain injuries result from blows to the head, falls, or other impacts that damage the brain. These injuries range from mild concussions, causing temporary headaches and confusion, to severe traumatic brain injuries (TBIs), which can lead to long-term or permanent issues. Symptoms of brain injuries can vary, including headaches, nausea, difficulty in thinking or remembering, mood changes, and problems with balance or coordination. Severe cases can result in unconsciousness, seizures, or long-term cognitive and physical impairments. Brain injuries can disrupt the normal functioning of an individual’s life, affecting their ability to work, engage in social activities, and perform everyday tasks. The impact of a brain injury can be far-reaching, potentially leading to permanent disability, changes in personality and cognitive functions, and a significant alteration in the victim’s life and abilities.
- Rotator Cuff Tears – Rotator cuff tears are injuries to the group of muscles and tendons that stabilize the shoulder joint. These injuries can result from acute trauma or gradual wear and tear over time. Symptoms often include shoulder pain, weakness, and limited range of motion, making it difficult to lift the arm or perform overhead activities. The pain can be constant and worsen at night. These injuries can severely limit daily activities, especially those requiring arm movement, and can lead to chronic pain or permanent shoulder weakness.
- Hip Fracture – Hip fractures, often occurring in the upper part of the thigh bone (femur), are common in elderly individuals due to falls or direct impacts. Symptoms include severe pain in the hip or groin, inability to put weight on the affected leg, and, in some cases, the leg on the injured side appearing shorter or turned outward. Hip fractures can significantly affect mobility and independence, often requiring surgery and a lot of rehabilitation. The injury can lead to long-term disability, increased risk of complications like blood clots or pneumonia, and can drastically alter the individual’s lifestyle, often requiring changes in living arrangements and long-term care.
How Liability for Injuries is Determined
Determining who is liable in personal injury cases can be a complex process, as it greatly depends on the specific circumstances surrounding the injury. Liability essentially means figuring out who is legally responsible for the harm caused. Each type of injury and the context in which it occurs can point to different liable parties.
In car accidents, for instance, the driver who caused the accident is typically held liable. This could be due to a number of reasons such as speeding, driving under the influence, or not following traffic rules. In multi-vehicle accidents, liability can be shared among drivers. Sometimes, other factors like poorly maintained roads or malfunctioning traffic signals could implicate government entities or contractors in liability.
Sports-related injuries, contrary to popular belief, can result in liability. The responsibility could lie with the organizers, coaches, or facility owners, especially if the injury resulted from inadequate safety measures, poor training, or unsafe equipment. An athlete can even be liable if they intentionally or recklessly injured the victim in a sporting event.
Workplace injuries often lead to questions of employer liability. Employers are generally required to maintain a safe working environment. This includes providing proper training, safety equipment, and complying with industry safety standards. If an employee suffers a back injury due to heavy lifting without proper equipment or training, the employer could be liable.
Injuries occurring on someone else’s property, like slip and fall accidents, can lead to premises liability. Property owners have a duty to keep their premises reasonably safe. This includes fixing known hazards, conducting regular maintenance, and warning visitors of potential dangers. For example, if a grocery store fails to clean up a spill and a customer slips and breaks a bone, the store could be liable for the injury.
Product liability is another area where responsibility can be assigned. Manufacturers, distributors, and retailers can be held liable if a product defect causes injury. This could be due to design flaws, manufacturing errors, or inadequate warnings and instructions. For instance, if a kitchen appliance malfunctions and causes a serious burn injury, the manufacturer might be liable.
In the healthcare industry, medical professionals can be held liable for injuries resulting from medical malpractice. This includes situations where a healthcare provider deviates from the standard of care, leading to patient injury. Examples include surgical errors, misdiagnosis, improper treatment, and medication errors.
Legal Options for Injury Victims
When considering legal action for injuries such as concussions, burns, fractures, paralysis, or other serious harm, victims have two primary routes: filing an insurance claim or pursuing a lawsuit. The route taken largely depends on the circumstances of the injury and the extent of damages incurred.
Insurance Claims
Initiating an insurance claim is often the first step. This process involves notifying the relevant insurance company about the injury and the incident that caused it. For instance, in the case of a car accident, this would be the auto insurance provider, while a slip and fall at a business might involve the business’s liability insurer. The victim must provide detailed information about the incident, the nature of the injuries, and associated costs like medical bills and expenses, and lost wages due to time off work. The insurance company will assess the claim, which might involve reviewing medical records, accident reports, and any other relevant documentation. The negotiation process can span weeks or months. In some cases, insurance companies might offer a settlement that is lower than the actual damages, and the victim must decide whether to accept this offer or negotiate further.
Lawsuits
If an insurance claim is denied, insufficient, or not an option (for example, if the responsible party is uninsured or underinsured), the injured party may consider filing a lawsuit. This legal process is more complex and involves suing the party responsible for the injury. A lawsuit requires gathering substantial evidence to establish that the other party was negligent, and that this negligence directly caused the injury. This evidence can include medical records, eyewitness accounts, expert testimony, and documentation of financial losses. The lawsuit aims to recover compensation for damages, which can include not only direct costs like medical expenses and lost income but also non-economic damages like pain and suffering or diminished quality of life.
Filing a lawsuit involves dealing with specific legal procedures and timelines, which vary depending on the type of case involved. The process typically starts with filing a complaint in the appropriate court, followed by a phase of discovery where both sides gather and exchange information. There might be pre-trial motions, settlement negotiations, and potentially a trial if a settlement isn’t reached.
The choice between an insurance claim and a lawsuit, and the process of pursuing either, can be influenced by several factors. These include the severity of the injury, the clarity of fault, the insurance policies involved, and the willingness of the insurance company or the at-fault party to provide fair compensation.
Negligence in Personal Injury Cases
Negligence refers to the failure to take reasonable care to avoid causing injury or loss to another person. In the context of personal injury law, negligence occurs when someone does not act with the level of care that a reasonably careful person would have used under the same circumstances. To prove negligence, four elements must be established: duty, breach, causation, and damages. First, it must be shown that the defendant had a duty to act or refrain from acting in a certain way towards the plaintiff. Second, there must be a breach of this duty, meaning the defendant failed to meet the expected standard of care. Third, this breach must have directly caused the injury to the plaintiff. Lastly, the plaintiff must have suffered actual damages, like physical injury or monetary loss, as a result of the breach. Establishing negligence is central to most personal injury cases and determines whether the injured party can receive compensation from the party at fault.
Damages in Personal Injury Cases
In personal injury cases, damages refer to the compensation that the injured party is entitled to receive for the losses suffered due to the defendant’s negligence. Compensatory damages are intended to make the plaintiff whole again, covering tangible losses such as medical expenses, lost wages, and property damage, as well as intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life. In cases of severe injuries, compensatory damages can also include future medical care and loss of earning capacity.
In the tragic event of wrongful death, where the victim dies as a result of their injuries, the victim’s estate could bring a wrongful death action and may be entitled to compensation for funeral and burial expenses, loss of the victim’s expected income, loss of companionship or consortium, and the pain and suffering experienced by the victim before death.
Punitive damages, although rare, may be awarded in cases where the defendant’s actions were particularly reckless or intentional.
However, a plaintiff’s damages might be limited or even unattainable if they were at fault. Nebraska Revised Statute 25-21,185.09 addresses how contributory negligence affects a person’s ability to recover damages in a civil lawsuit. Under this law, if the plaintiff is found to be partially at fault for their own injury, the amount of damages they can receive will be reduced in proportion to their degree of fault. However, this contributory negligence doesn’t completely prevent them from recovering damages, as long as their share of the negligence is less than the combined negligence of all the defendants in the case.
Time Limits for Bringing Lawsuits in Nebraska
In Nebraska, the statutes of limitations establish the maximum time after an event within which a legal case may be filed. Under Nebraska Revised Statute 25-207, individuals have a four-year window to file lawsuits in personal injury cases. Nebraska Revised Statute 25-208 sets a different timeline for medical malpractice suits. Plaintiffs must file these lawsuits within two years. Also, under Nebraska Revised Statute 25-224, product liability actions generally must be brought within four years of the injury or damage.
Hiring an Injury Lawyer in Nebraska
A personal injury lawyer is a guide and advocate for someone who has been injured, whether it’s from a car crash, a slip and fall, a work accident, or other situations. When someone is hurt, it can be overwhelming – they might be dealing with pain, medical appointments, and worries about money if they can’t work. That’s where a personal injury lawyer comes in. They take on the burden of dealing with the legal issues so that the injured person doesn’t have to.
First off, these lawyers know injury laws and insurance. They look at the details of what happened and figure out who should be held responsible for the injury. Lawyers collect and analyze evidence such as medical records, witness statements, and reports to build a strong case. This evidence helps prove how the injury happened and how much it has affected the person’s life.
One of the most important jobs of a personal injury lawyer is talking to insurance companies. Often, after an injury, an insurance company will offer a settlement – but this first offer is usually incredibly low. The lawyer typically goes back and forth with the insurance company in the negotiation process to get a fair amount. The lawyer considers everything – like if the person will need more treatment in the future, if they’ve lost money by not being able to work, and address issues like pain and suffering.
If negotiations with an insurance company don’t work, the lawyer can file a lawsuit and fight for the person’s rights in court. Here, the lawyer handles all the complicated legal procedures, arguing the case, and making sure the injured person’s side of the story is heard. Lawyers aggressively advocate for the injured person, standing up for them against big insurance companies or those at fault. They aim to get the victim the best possible outcome, whether it’s a fair settlement or a win in court.
Additional Resources
Motor Vehicle Collision Injuries – The National Institutes of Health’s report on car accident injuries and the mechanisms of injury. The report contains statistics on total injuries caused by collisions and information on the common causes of car accident injuries.
Common Car Crash Injuries – Created by Neurodiagnostics Medical, a list of common injuries associated with car accidents. Treatment for those injuries is also discussed. Visit Neurodiagnostic’s site for more information on injuries and services.
When to Go to the Emergency Room – Nebraska Medicine’s guide on when to visit the emergency room for care following an incident. Visit Nebraska Medicine’s website for more information on which situations require immediate intervention.
At Liberty Law Group, our experienced Nebraska injury attorneys are fierce advocates in the courtroom fighting on behalf of injured victims. Our firm proudly serves the communities of Omaha, Lincoln, Papillion, Council Bluffs and surrounding areas of East Nebraska and West Iowa. Including Douglas County, Lancaster County, Sarpy County, Dodge County, Cass County, Washington County, Saunders County and surrouding areas. If you or a loved one has been injured, you have the right to seek adequate compensation. Contact our firm today at (402) 865-0501 to request a free consultation to discuss your case with an attorney.
