Detailed Answer
Filing a personal injury claim after a bus accident in Nebraska involves several key steps. Nebraska law sets specific deadlines and notice requirements. Follow this step-by-step guide to protect your rights.
1. Seek Medical Treatment Immediately
Prioritize your health. Visit a doctor or emergency room. Obtain medical records to document injuries. These records serve as crucial evidence.
2. Determine the Responsible Party
Identify who operated or maintained the bus. If a public transit agency or government-owned bus caused the accident, you may need to follow the Nebraska Political Subdivisions Tort Claims Act. If a private company owns the bus, you proceed under standard negligence rules.
3. Notify the Government Entity (if applicable)
If you sue a public bus agency, file a written notice of claim within 180 days of the accident. See Neb. Rev. Stat. § 13-908. The notice must describe the time, place, and circumstances of your injury.
4. Gather and Preserve Evidence
Collect photos of the scene, bus damage, and your injuries. Obtain accident reports, witness statements, and video footage. Keep all medical bills, repair estimates, and pay stubs if you miss work.
5. File Your Lawsuit Before the Statute of Limitations Expires
In Nebraska, you generally have four years from the date of the accident to file a personal injury lawsuit. See Neb. Rev. Stat. § 25-207. Missing this deadline usually bars your claim.
6. Calculate Damages and File the Complaint
Work with an attorney to calculate economic and non-economic damages. File a complaint in county or district court. Serve the defendant according to the Nebraska Rules of Civil Procedure.
7. Engage in Discovery and Negotiation
Exchange documents and take depositions during discovery. Use this information to negotiate a fair settlement. If negotiations fail, proceed to trial.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific case.
Helpful Hints
- Keep a detailed injury journal to track pain and recovery.
- Get multiple medical opinions for serious injuries.
- Do not give recorded statements without legal counsel.
- Send claim notices via certified mail with return receipt.
- Preserve damaged clothing and personal items as evidence.
- Track all medical expenses, lost wages, and related costs.