Car accidents in Nebraska can cause major physical, emotional, and financial challenges. In Nebraska, accident victims may be able to get compensation for their losses by means of a personal injury claim.
Generally, compensation following a car accident covers damages such as medical bills, lost wages, pain and suffering, and property damage. However, there is another category of damages often discussed in personal injury cases — punitive damages.
In this article, we will discuss whether punitive damages are available in Nebraska car accident cases. If you or a loved one has been injured in a motor vehicle accident, our attorneys can help. Call Hauptman, O’Brien, Wolf, and Lathrop at (402) 241-5020 for a free case review.
Understanding Punitive Damages
Punitive damages are different from compensatory damages. Compensatory damages are intended to make the accident victim “whole” again. Punitive damages, on the other hand, are designed to punish the wrongdoer and deter similar future behavior.
Punitive damages are specifically designed to punish a wrongdoer whose actions are considered grossly negligent or intentional. These types of damages are also considered to be exemplary damages since they are intended to set an example to deter others from acting in a similar way.
When Are Punitive Damages Awarded?
Punitive damages are not awarded in every personal injury case. Typically, they are reserved for situations where the defendant’s actions go beyond ordinary negligence.
This could include situations where the at-fault party acted with the following:
- Gross negligence: Extreme indifference to the safety of others
- Intentional misconduct: Deliberate actions that harm another person
- Fraud or malice: Actions meant to deceive or cause harm to the victim
As an example, in some states, if a drunk driver caused a car accident that resulted in severe injury, a judge may award punitive damages to penalize the driver’s reckless disregard for the safety of others.
Are Punitive Damages Awarded in a Nebraska Car Accident Case?
Unlike many other states, Nebraska law does not allow for punitive damages in personal injury cases, including car accidents. Nebraska follows a legal doctrine that seeks to limit punishment to the criminal justice system.
Compensation in a Nebraska personal injury claim must be focused on compensating the victim rather than punishing the wrongdoer.
This means that even if the at-fault driver in a car accident case was acting in a particularly reckless manner, the injured party would not be able to seek punitive damages. Instead, they would need to rely on compensatory damages to cover their financial and emotional losses.
Penalties If a Nebraska Car Accident Involves Reckless or Malicious Conduct
When it comes to Nebraska car accidents, most are the result of negligence, carelessness, or simple mistakes. However, there are cases where the driver’s actions are intentional or malicious.
While Nebraska does not allow for punitive damages in cases involving car accidents, the state does take malicious conduct on the road seriously.
The following are some penalties drivers may face if they engage in malicious actions that cause a motor vehicle accident:
- Reckless driving: Nebraska defines reckless driving as operating a vehicle with willful or wanton disregard for the safety of others. Reckless driving can result in fines, jail time, and points on the driver’s license.
- Loss of driving privileges: A malicious driver may also face the revocation or suspension of her driver’s license. Depending on the severity of the conduct, a license could be revoked for months or even permanently.
- DUI penalties: If a driver is under the influence of drugs or alcohol and her actions are deemed malicious, she could face enhanced DUI penalties. These penalties include hefty fines, license suspension, and possible imprisonment.
- Assault and vehicular assault charges: If someone is injured due to malicious actions, the driver may face assault charges, which can result in jail time and fines — the more severe the injury, the harsher the penalty.
- Vehicular manslaughter: If a malicious driver causes a fatality, he could be charged with vehicular manslaughter, which is a felony offense in Nebraska. This can lead to criminal charges and significant time in prison.
Compensation for Nebraska Car Accident Victims
According to an annual report from the Nebraska Department of Transportation, there were 17,198 people injured in motor vehicle accidents in 2019.
Even though punitive damages are not available, victims of car accidents can still seek compensatory damages. Nebraska law ensures that the injured party can recover the full scope of their losses, including both economic and non-economic damages.
The following are potential damages available following a car accident.
Medical expenses
Medical costs can accumulate quickly following an auto accident. You may be able to recover damages for a variety of medical expenses, including:
- Emergency room visits
- Hospital stays
- Surgery
- Prescription medications
- Rehabilitation services
- Physical therapy
- Follow-up doctor visits
A car accident attorney may also be able to help you receive compensation related to ongoing treatments or long-term injuries. It is important to retain all medical records and bills, to calculate your total medical costs.
Lost wages
After a serious car accident, you may be unable to work while recovering from your injuries. If the accident has caused you to miss work, you may be eligible to recover compensation for lost income.
This can include future lost income if your injuries prevent you from returning to work for an extended period of time or if you suffer a permanent disability that impacts your earning capacity.
Property damage
Typically, car accidents result in damage to your vehicle and other personal property. Nebraska car accident victims can seek compensation to repair or replace their vehicle and any other personal property that was damaged in the crash.
The compensation you receive will depend on the extent of damage to your vehicle and your vehicle’s market value.
Pain and suffering
Pain and suffering refer to the physical and emotional trauma caused by the accident and injuries. These types of damages are more difficult to calculate and often require the help of a car accident lawyer.
Pain and suffering damages account for the mental anguish, discomfort, and decreased quality of life caused by the motor vehicle accident.
Emotional distress
Beyond physical pain, a car accident can cause significant emotional trauma such as anxiety, depression, and post-traumatic stress disorder (PTSD).
Nebraska law recognizes the emotional toll that accidents can have on victims and provides a way to seek compensation for emotional distress.
Wrongful death
If you have suffered the tragic loss of a loved one due to a car accident, you may be entitled to wrongful death damages.
Compensation for wrongful death may include:
- Medical bills incurred as a result of the loved one
- Funeral and burial costs
- Loss of household services (lawn care, child care, home maintenance, etc.)
- Loss of inheritance
- Loss of future wages
- Loss of consortium
Filing a Nebraska Car Accident Claim
If you have been injured in a car crash caused by another driver’s actions, filing a car accident claim is your best option for recovering compensation. Even without punitive damages, an experienced lawyer can still help you secure the compensation you deserve.
Consider some following ways a lawyer can help you following a motor vehicle accident:
- Proving fault and liability: Nebraska operates under a modified comparative negligence rule, meaning your compensation can be reduced if you are partially at fault for the car accident. A lawyer can gather evidence to prove the other driver’s liability and minimize any claims of fault.
- Negotiating with the insurance company: Insurance adjusters are notorious for offering low settlement amounts. Car accident lawyers can handle the negotiation process for you, pushing for an insurance claim that fully compensates for your injuries and losses.
- Handling the legal process: Navigating the legal system can be overwhelming, especially if you are recovering from a car accident. An accident attorney will handle every aspect of your claim, from filing paperwork to representing you in court if necessary, allowing you to focus on your recovery.
- Pursuing other avenues of compensation: In some situations, the at-fault driver may not have enough insurance to cover all of your damage. Your lawyer can explore other potential compensation options, such as underinsured motorist coverage and third-party liability.
Helping You Recover Compensation Following a Car Accident
Even though punitive damages are not typically awarded in Nebraska personal injury cases, this does not mean accident victims are left without options. By filing a claim for compensatory damages, you can seek the financial support you need.
A car accident lawyer can be invaluable in helping you secure the compensation you deserve after a car accident. With over 230 years of combined experience, our personal injury attorneys have successfully handled all types of car accident cases.
If you or a loved one has been harmed in a car accident in Nebraska, don’t hesitate to reach out to our law firm today. At Hauptman, O’Brien, Wolf, & Lathrop, we take all accident cases on contingency. This means you do not pay any upfront fees for our services.
Call us todayat(402) 241-5020 or complete our contact form to schedule a free consultation. Someone will get back to you shortly.
