The vast majority of most injury lawsuits are based on the legal theory of negligence. To be negligent is to do something (or not do something) that a "reasonable person" wouldn't (or would) do, causing injury to the person who was owed a duty. Motorists, for example, have a duty to remain sober when they drive. When motorists drunk drive and cause an accident, which results in another's injuries, then they are negligent and likely will be found liable for the other person's injuries. If you are found liable for someone's injuries, it means you must pay monetary damages for medical costs, lost wages, ongoing care, or even emotional distress.
Whether someone owes another person a certain standard of care depends on the situation and/or the person's role. For instance, physicians owe a relatively high standard of care to their patients -- if they fail to perform to the standards of their profession (as a "reasonable physician" should), then they will be held liable for any resulting injuries.
Nebraska Negligence Law at a Glance
States adhere to virtually the same definition and elements of negligence, although they sometimes differ in how contributory negligence affects recovery. In Nebraska, for instance, a plaintiff who is equally negligent as his or her defendant may not recover any damages.
Additional details about how Nebraska handles negligence claims are listed in the following chart. See FindLaw's Negligence section for more articles.
|Code Section||25-21, 185.07 to 25-21, 185.12|
|Contributory Negligence-Limit to Plaintiff's Recovery||Plaintiff's award diminishes proportionally with negligence, but negligence equal to or greater than defendant's is a total bar. (§25-21, 185.09)|
|Contribution Among Tortfeasors||No; see §25-21, 185.10|
Note: State laws are subject to change at any time (sometimes without notice) through the enactment of newly signed legislation, decisions from higher courts, and other means. While we strive to ensure the accuracy of these pages, you may also want to contact a Nebraska personal injury attorney or conduct your own legal research to verify the state law(s) you are researching.
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Nebraska Negligence Law: Related Resources
Filing a Negligence Claim in Nebraska? An Attorney Can Help
If you've been injured or had property damaged and it appears as though someone else was at fault, you may be entitled to compensation under Nebraska negligence laws. However, there are many factors at play as well as important deadlines that could prevent you from any recovery. That's why it's important to speak with a Nebraska personal injury lawyer as soon as possible.
Contact a qualified attorney.