Disclaimer: This article is for informational purposes only and is not legal advice. Consult an attorney for advice specific to your situation.
Detailed Answer
Calculating a fair settlement for soft tissue injuries after a motor vehicle accident in Nebraska involves understanding both economic and non-economic damages and adjusting for fault under state law. Nebraska uses a fault-based system with modified comparative negligence per Neb. Rev. Stat. §25-21,185. You cannot recover damages if you are more than 50% at fault, and any award is reduced by your percentage of fault.
1. Economic Damages
These are out-of-pocket costs directly tied to your injury. Common economic damages include:
- Medical Expenses: All past and future bills for doctor visits, physical therapy, chiropractic care, imaging, and prescriptions.
- Lost Wages: Income you lost while recovering.
- Property Damage: Costs to repair or replace your vehicle.
Gather documentation such as medical bills, pay stubs, and repair estimates. Future medical care may require expert testimony or treatment plans.
2. Non-Economic Damages
These compensate for intangible losses:
- Pain and Suffering: Physical pain, discomfort, and inconvenience.
- Emotional Distress: Anxiety, depression, or sleep disturbances.
- Loss of Enjoyment: Inability to participate in hobbies or social activities.
Soft tissue injury values often use a “multiplier” or “per diem” method:
- Multiplier Method: Multiply total medical expenses by a factor between 1.5 and 5. Higher multipliers apply to more severe injuries with longer recovery.
- Per Diem Method: Assign a daily rate (e.g., $100–$500) from injury date to full recovery and multiply by the number of days of impact.
Example Calculation:
• Medical bills: $5,000
• Multiplier: 2 (moderate soft tissue injury)
• Base non-economic: $5,000 × 2 = $10,000
• Total before fault adjustment: $5,000 + $10,000 = $15,000
3. Adjust for Comparative Negligence
If you are found 20% at fault under Neb. Rev. Stat. §25-21,185, reduce the total by 20%. In the example: $15,000 − (20% × $15,000) = $12,000.
4. Be Mindful of Deadlines
Nebraska’s statute of limitations for personal injury claims is two years from the date of the accident per Neb. Rev. Stat. §25-207. File your lawsuit before this deadline to preserve your rights.
Helpful Hints
- Keep detailed medical records and receipts. Accurate documentation strengthens your claim.
- Photograph injuries and accident scenes. Visual evidence can support severity and causation.
- Track missed work days and lost income. Use employer letters or pay stubs for proof.
- Document daily life impacts. A journal of pain levels and activity limitations helps prove non-economic losses.
- Consult with a Nebraska personal injury attorney before settling. They can review your calculations and negotiate on your behalf.