Key Elements of a Nebraska Car Accident Claim

Car crashes—from minor fender benders to fatal rollovers—happen every day. In fact, over 6 million vehicle crashes occur every year in the United States, resulting in 3 million injuries and nearly 40,000 deaths. Not every car crash is cause for a lawsuit, however. To sue a negligent driver for compensation, you will have to prove the following four key elements of a car accident claim:

  1. The other driver owed you a duty of care. Every driver is bound by a duty to act in a reasonable manner on the road, so this is generally an easy criterion to meet. If the at-fault driver is behind the wheel of a vehicle on any street in Nebraska, he owes other drivers a duty of care.
  2. That driver breached his duty. If the other driver acts in an unreasonable manner while driving, he has breached his duty of care. This breach can be any action that is unsafe, whether it breaks a traffic law or not. Driving too fast for conditions, following too closely, failure to yield, driving under the influence of alcohol or drugs, and using a cell phone behind the wheel are all possible breaches of the duty of care. An attorney can gather evidence of the driver’s negligent actions to support your claim.
  3. His negligent actions caused the accident. The next vital step is to prove that the other driver’s actions led directly to the crash. To prove this, you will need evidence from the scene of the crash that demonstrates his responsibility. Police reports, witness statements, traffic video footage, photos of the accident scene, weather reports, and testimony from a crash expert can provide strong support for this element of a car accident claim. Some of this evidence is difficult to get without the help of an auto accident attorney.
  4. You suffered damages because of the accident. Finally, you must demonstrate that you were harmed in the crash. Possible damages include physical injuries, property damage, pain and suffering, lost wages, permanent disability from a catastrophic or traumatic brain injury, and loss of earning potential. An experienced accident attorney will help you document these losses and will negotiate with the insurance company for the negligent driver for the full value of your damages.

This process may seem overwhelming, especially as you are recovering from the initial shock of your accident. However, as your attorney, Matt Lathrop and his team will take care of all of this on your behalf. The best part is—you won’t have to pay anything upfront. You won’t owe us a dime until we win the case for you. At that point, we will collect a percentage of your compensation.

Discover the Matt Lathrop Difference

There are a lot of personal injury attorneys and car accident lawyers in Nebraska, but not many of them are proven trial attorneys. Why does this matter? If your attorney has no intention of taking your case to trial, he or she loses a powerful bargaining chip. At the Law Office of Matthew A. Lathrop, we prepare every case as if it’s going to trial. This gives us a much stronger negotiating position and, if we have to go to court to get what you deserve, we are ready for it! How do we prepare for a car accident trial? By gathering evidence and running jury focus groups multiple times on the facts of your case. That way, we know what will work best in court. We don’t see a trial as a last resort. Instead, we understand that it is sometimes the best option for our client. And we always want what’s best for our clients.

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