Negligence Law Nebraska
If you suffer from an injury due to the actions of another individual, you can seek compensation via Nebraska negligence law. For example, an employee of an electronics store gives you a defective product, even though the manufacturer recalled it. As you use this device, it explodes, due to which you suffer from burns. You are unable to go to work, as you need to recover from the injury. Your employer cuts your salary, for the time you had to take off.
In this situation, the Nebraska negligence law will allow you to recover for the damages you suffered.
Negligence Law Definition in Nebraska
First, you need to know the negligence law definition, before you file for a claim against the guilty party. As per the negligence law definition, it refers to reasonable actions an individual didn’t perform to keep another person out of harm’s way.
Punishment for Negligence in Nebraska
The punishment for negligence in Nebraska allows you to receive compensation from the guilty party. As per the negligence laws by state, it follows the contributory variant. In other words, you won’t receive compensation, if you are equally responsible for the accident, as the defendant.
However, if the percentage of fault is lower than 50%, you can seek compensation from the guilty party via punishment for negligence in Nebraska. The court will reduce the amount, depending on your role in the accident.
An example of punishment for negligence in Nebraska is – the jury states that you are 20% responsible for the accident. As a result, the court will reduce the compensation by this figure as a penalty.
As per the negligence laws by state, you have two years to file a claim for medical malpractice. The maximum time frame is 10 years, which comes with a different set of exceptions.
Failure to follow this statute of limitations means that the court will reject your negligence laws by state claim.
In Nebraska, there is a cap on how much you can receive from the guilty party. If the accident took place after December 31, 2014, the amount cannot exceed $2.25 million. For cases before December 31, 2014, but after December 31, 2003, the limitation is $1.75 million.
Keep in mind that this cap is for both economic and non-economic damages, as per the negligence laws by state.
Four Key Areas of Successful Nebraska Negligence Law Lawsuit
The Nebraska negligence law claim is only going to work if you establish four key elements. Every court in the state is going to follow the same procedure when handling these types of cases.
Duty – The defendant had the responsibility of performing specific tasks, to ensure you are not in harm’s way.
Example of duty
In the negligence law Nebraska example, you can see that the employee of the electronics store should check about the device, before selling it to you.
Breach of duty
The defendant failed to perform the duty.
Example of breach of duty
The Nebraska negligence law example shows that the employee didn’t find out if the device is okay.
You suffer from injuries, due to the actions of the defendant.
Example of causation
Going by the negligence law definition example, the device exploded due to a defect, causing significant burns.
Due to the injury, you suffer economic and non-economic damages.
Example of damage
From the negligence law Nebraska example, you were unable to go to work, which decreased the amount you receive from your employer.
If you are a victim of negligence in the state of Nebraska, you have the right to file a claim. Get in touch with a lawyer so that you know the right way to take action against the guilty party.