In Nebraska, the law states that a person who has suffered an injury is entitled to be fairly compensated for their injury. A judge or jury will determine the amount of compensation for your specific claim if your case has gone to trial. If your claim was resolved during settlement negotiations, the parties involved and their attorneys will determine what it means to be fairly compensation for your claim. In neither case is the award predetermined. However, while the law does not give a specific dollar amount for what would qualify as fair compensation, it does set out guidelines for consideration.
Among the issues used to determine fair compensation are the following:
- The nature and the extent of the injury
- The cost of medical care
- Lost wages
- Any future lost wages due to the injury incurred
- Physical and mental pain and suffering compensation
These issues are reviewed for each specific case and are determined differently for each person making a claim. This is because each case is unique. Your injury claim will not be comprised of the exact same set of circumstances as another person’s even if the injury suffered was the same. You may be due more in the way of lost wages or pain and suffering, depending on your particular position.
Other issues that will be considered are not nearly so clear cut. While the cost of medical care can be defined, compensation for the following issues is more variable:
- Inconvenience that you are suffering now and will reasonably be certain to suffer in the future
- Humiliation that you are suffering now and will reasonably be certain to suffer in the future
- Your spouse’s loss of consortium. Loss of consortium includes love, affection, companionship, assistance and sexual relations. This type of compensation is generally available to those who have suffered a particularly personal injury.
Because there is no exact formula or dollar amount set out as fair compensation, it is important to consult with a knowledgeable personal injury attorney about your specific set of circumstances.
Steffens Law Office, P.C. is a Nebraska personal injury law firm located in Broken Bow, NE. If you would like to discuss your personal injury claim, and find out how William V. Steffens and Jeremiah J. Luebbe, personal injury attorneys with nearly 30 years of combined experience, can help you, please call us at 308-872-8327 to schedule a free consultation. Our Nebraska personal injury attorneys are ready to help you.