Legal Question in Personal Injury in Nebraska
Injured 2 1/2 years ago, what are my options?
On October 7th of 2003 I was injured in a car accident. I was the passenger. While driving on the interstate in the left lane a semi truck (in the right lane) started to come over into our lane. He made no contact with us and moved back to his lane once he noticed he could have hit us. The driver of the car I was in panicked and swerved into the median. We crossed the median, into the opposing interstate, and then the car flipped over into the ditch. To this day I have severe neck pains and constant head aches resulting from it. I feel the driver is responsible for my physical and emotional damage. What are my options?
1 Answer from Attorneys
Re: Injured 2 1/2 years ago, what are my options?
First and foremost, assuming the accident occurred in Nebraska, there is a four year statute of limitation for filing a lawsuit. In other words, if a lawsuit is not filing in court before 4 years after the accident your claim will be barred regardless of merit. If the accident occurred in Kansas the may be a different limitations period and you should consult with a Kansas attorney.
You may have a claim against the driver of your vehicle for negligence. One exception would be that if the driver is closely related to you the driver may be immune from suit under the Nebraska Guest Statute. Another question is whether the accident occurred in the course and scope of your employment?
Hopefully the above information is helpful to your understanding of your potential claim.
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