Best Car Accident Lawyers in Lincoln
Compare Top Lincoln Car Accident Attorneys
Lawyer Name | NE Bar Association Status | Year Admitted to NE Bar | Law School Attended | Learn More |
---|---|---|---|---|
Lee S. Loudon | Active | 1989 | University of Nebraska–Lincoln College of Law | |
Vince Powers | Active | 1979 | University of Nebraska–Lincoln College of Law | |
Rod Rehm | Active | 1973 | University of Nebraska–Lincoln College of Law | |
Elizabeth A. Govaerts | Active | 1992 | University of Nebraska–Lincoln College of Law | |
Jeffrey Lapin | Active | 1997 | University of Nebraska–Lincoln College of Law | |
Peter Wegman | Active | 1981 | University of Nebraska–Lincoln College of Law | |
Gary J. Nedved | Active | 1977 | Creighton University School of Law | |
Jefferson Downing | Active | 1990 | University of Nebraska–Lincoln College of Law | |
Jonathan V. Rehm | Active | 2005 | University of Nebraska–Lincoln College of Law | |
Audrey R. Svane | Active | 2015 | University of Nebraska–Lincoln College of Law |
Filing a Car Accident Lawsuit in Lincoln, Nebraska
Deciding to initiate a lawsuit to receive compensation for your injuries is an intimidating step. It helps to know some of the laws, procedures and regulations surrounding car accidents and how an attorney can help the entire process go smoothly. Below, we’ve outlined the most important rules about car accident lawsuits in Nebraska.
Before reviewing the details of filing your lawsuit, here are some terms you should know.
- Damages. Damages refer to the amount of funds awarded to an injured party to make them whole—they’re a remedy. A judge may award several types of damages, including punitive, compensatory, economic and noneconomic.
- Punitive damages. These damages are awarded as a way to punish the negligent party if they acted in a highly negligent or wanton manner. These are rarely awarded in minor car accident lawsuits but may be awarded in accidents involving a drunk driver, for example.
- Compensatory damages. These are funds awarded to compensate the plaintiff for their injuries and are split into two categories: economic and noneconomic. Economic damages are quantifiable and easily calculated such as property damage or medical bills. Noneconomic damages are harder to valuate, including pain and suffering or emotional distress.
Nebraska Statute of Limitations for Car Accident Cases
A statute of limitations is the time an injured person has to file a lawsuit, which usually begins when they first get injured or when they discover their injury. Under Nebraska law, if you’ve been injured in a car accident, you have four years from the date of the accident to file a lawsuit. When the driver in a car accident dies from their injuries, their representative must file a wrongful death claim within two years for it to be valid. If you miss this date, your claim could be thrown out entirely.
In some situations, a statute of limitations may be extended—or shortened. If the person injured in the accident is under age 21, the statute of limitations does not begin to run until they turn 21.
Nebraska Laws for Car Drivers
Nebraska has several laws for drivers that are necessary to know if you choose to drive. They’re even more important if you’re initiating a lawsuit—if you broke a law while hit by another driver, you could lose out on any potential compensation. Here are the most pertinent.
- Drivers must report certain accidents. Drivers are only required to report an accident if one of two incidents occur: someone involved in the crash is injured or dies, or $1,500 or more in property damage is done. Note that if you hit private property—including someone’s vehicle—you must notify law enforcement.
- Drivers must carry insurance. All car operators in the state are required to carry a minimum amount of coverage. This includes $25,000 in coverage for bodily injuries/death to one person or $50,000 total and $25,000 in coverage for property damage. Drivers must carry uninsured motorist coverage for bodily injuries of at least $25,000 to a person, totaling $50,000, and carry underinsured motorist coverage.
- Drivers cannot text while operating a vehicle. Car operators are prohibited from sending or reading text messages while driving their vehicles, including when stationary due to a stop light or other delay.
- Drivers cannot execute U-turns on freeways. Under Nebraska’s revised statutes, drivers are prohibited from making a U-turn (turning sharply in the opposite direction) on a freeway or where signs indicate U-turns are prohibited.
Identifying Fault for Car Accidents in Nebraska
Nebraska is an at-fault state when it comes to motor vehicle accidents. This means that to make a claim through the other driver’s insurance policy, they must carry some responsibility for causing the accident—or be at fault. This is usually determined by reviewing police reports, eyewitness testimony and other forms of evidence.
If you choose to pursue a lawsuit to receive additional compensation for your injuries, you’ll need to show that the other party was negligent in their actions, which involves them being a proximate cause of the accident. Negligence is simply failing to behave in a reasonable manner given the duty of care you owe to other people. In the context of car accidents, that means driving responsibly and with care for fellow travelers.
Identifying fault is also crucial when a court awards damages to compensate a plaintiff. Nebraska uses a modified comparative negligence rule that outlines how much someone can be awarded damages if they carry any fault for the accident—and when they can’t claim at all. Drivers seeking damages must have less fault than whoever they are suing, otherwise they can’t recover. Additionally, any amounts awarded are reduced by their fault for the crash. So, if the plaintiff experienced $100,000 in damages but was 10% responsible for the accident, they would receive $90,000 in damages.
How Can an Attorney Help You?
A car accident attorney is a major asset when you’re trying to recover from an injury. In addition to guiding you through the entire process—typically starting with a free consultation—a lawyer also ensures any filing deadlines are met, compensation for your injuries is fair, paperwork is properly completed and evidence is collected to demonstrate your claim. If needed, your lawyer may negotiate a settlement with the insurance company and will evaluate any settlement offers you receive.
As a last resort, because of its complexity and cost, a lawyer will represent you in court using the evidence they collected and expert witnesses. Though this step may feel daunting, your attorney does all of the work for you.
How To Find the Best Car Accident Lawyer in Lincoln, NE
Choosing a lawyer isn’t easy, especially when you’ve been seriously injured. You want someone with an ideal combination of soft and hard skills, so it can feel paralyzing to try and make a decision. Rather than sift through all the details, try focusing on these pertinent characteristics.
- Experienced with similar cases. Especially when determining compensation for your injuries, a lawyer needs to have experience in a car accident case involving very similar facts (i.e., type of injury you sustained, kind of accident).
- Communicates clearly. Personal injury law is a complex discipline to try and wade through, especially if you’re hurting. Look at online reviews or ask friends about an attorney’s communication style. You want someone who can advise and guide you in clear, understandable language.
- Compassionate attitude. Competency in car accident law is important, but you should also seek someone who cares for you during a deeply vulnerable time. It will make the entire process easier and help relieve the stress that often accompanies a lawsuit.
Our Methodology for Finding the Best Lincoln Car Accident Attorneys
Forbes Advisor ranked attorneys offering services in car accident law within a 50-mile radius of Lincoln, NE using data points across the categories of qualifications, experience, reputation, client experience and diversity and inclusivity. We pulled data for these categories from reliable, third-party resources such as state bar associations and individual firm websites. Data is accurate as of June 2024.
We evaluated attorneys based on the following metrics.
Qualifications (15%):
- Active business license
- Public records check
- Practice areas
- Overall reputation of law school
Experience (15%):
- Years of membership in state bar
- Ethics and bar disciplinary history
Reputation (30%):
- High regards in top legal publications
- Positive reviews
- Accolades from colleagues
Client Experience (25%):
- Free consultations
Diversity and Inclusivity (15%):
- Bilingual services
We considered only attorneys without disciplinary history who have been licensed for at least five years.
Frequently Asked Questions (FAQs) About Car Accidents in Lincoln
How much does an average car accident lawyer cost in Lincoln?
Car accident attorneys often operate on a contingency fee basis, meaning they only get paid if you recover. The amount an attorney takes off your recovery ranges between 25% and 40%, but each lawyer differs.
Do I need to report my car accident to Lincoln law enforcement?
Nebraska law does not require all accidents to be reported to police, only those that cause $1,500 in property damage, damage private property or cause bodily injury or a fatality.
Are there caps on damages for Lincoln car accident lawsuits?
Nebraska does not put a cap on how much you can recover in a car accident lawsuit, which includes both economic and noneconomic damages (i.e., pain and suffering). Your awards may be reduced based on the amount of fault you have for the accident, as Nebraska uses the comparative negligence principle to determine the final recovery amounts.