What is a Tort Case, and What Does It Involve in Nebraska?

In Nebraska, the term “tort” generally refers to an injury. In this case, injury may be the result of a duty owed by another party that they failed to perform. Tort cases in the state differ a little from contract disputes. Injury is evident in terms of incurred losses, bodily harm, psychological trauma, property damage, or even the loss of a life. In Nebraska, tort cases are handled by District Courts and the Risk Management Board of the state.

In addition to official custodians, several third-party websites generally keep records of court cases that are considered public. These websites typically enable convenient and expedited retrieval of public records, as they aggregate information from various locations and allow remote access To use these databases, inquirers are usually required to furnish the search engine with the following:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused

Third-party sites operate independently of government sources and are not sponsored by these government agencies. Thus, record availability on third-party websites may vary.

What is Nebraska Tort Law?

Nebraska tort law encompasses legal opinions on civil wrongs that occur in relation to private or public entities. Public entities in this context are generally government-owned agencies or their representing employees. The Nebraska Tort Law reforms place restrictions on the value of damages the state may pay to an injured party as compensation. The law of sovereign immunity protects the government and employees acting on their behalf from liability. Torts may arise due to negligence, strict liability, or an intentional act of the tortfeasor. By law, the government waives its sovereignty for certain types of negligent torts but sustains almost all intentional categories of tort. This passes the legal bulk to the representing employee, who may face prosecution either as a tort or a crime, depending on the interpretation of the law.

What Kinds of Cases are Covered by Tort Law in Nebraska?

• False imprisonment
• Abuse of process
• Interference with contract rights
• Medical malpractice
• Liability from defective products
• Malicious prosecution
• Construction accidents from errors in structure

What are the Differences Between Criminal Law and Tort Law in Nebraska?

Criminal law generally differs from tort in many ways, some of which may include:

• Definition of terms: Personal injury restricts the case to an individual; crime is wrongdoing against the society
• Legal process: tort law focuses on fairness and equity between both parties; criminal law focuses on the degree of punishment to be assessed to the wrongdoer
• Language: terminologies in tort law are more civil and preserve the dignity of the involved parties; criminal law has a tougher list of terminologies
• Burden of proof: the burden of proof in tort relies on the preponderance of the evidence. This means that there is at least a 50% chance that the facts are true. In criminal law, the burden of proof must be beyond reasonable doubt.

What is the Purpose of Tort Law in Nebraska?

Tort law generally gives injured persons the chance to get relief for damages incurred; provides deterrent measures to potentially liable parties, and satisfies the society’s collective sense of right and wrong.

What is a Tort Claim in Nebraska?

A tort claim in Nebraska is typically considered an official filing for compensation for damages to the government. In this case, the government is the liable party. The State Risk Management and State Claims Board both assess claims from injured parties. However, while the State Claim Board handles applications for damages greater than $5000, the State Risk Management Board handles lower values and claims above $50,000. Claims above $50,000 are reffered to the state legislative floor for assessment and approval. Local authorities such as municipal or county governments have individual sets of rules guiding tort claims brought against them.

How Do You File a Tort Claim in Nebraska?

• The first step is to determine the liable party. It is a crucial step, as it may decide the course of the process. if the liable party is a private entity, file a notice with the District courthouse where the incident occurred or where the party lives. Get the information about the filing forms on the Nebraska Judicial Branch
• If it is a public entity, identify the agency name and address. Proper names and addresses are important. Use the state directory to get more information.
• Download the form, complete it, sign it before a notary, and submit it to the appropriate agency. Here is the address of the Risk Management Board:

Office of Risk Management
P. O. Box 94974
Lincoln, NE 68509

What Does a Tort Claim Contain in Nebraska?

The formats of the claim’s forms vary by agency, but they typically feature the following information:

• Full names and contact information of the claimant
• Name and address of the liable party
• The date and exact location of the incident
• A concise description of the incident
• Names of witnesses’ present
• Name of representing employee
• Contact details of representing attorney
• Signature and date of filing of notice.

What Happens after a Tort Claim is Filed in Nebraska?

When a party files a tort claim, the authorities typically notify the liable agency of the update and for a review of the case. The authorities launch an investigation about the incident and deliberate on its merit. If approved, the injured party receives a notice to the effect. If not, they may proceed to file the case with the relevant District Court for legal action.

Why Do I Need a Personal Injury Lawyer for a Tort Claim?

The reforms in Nebraska Tort Claims Act on government immunity, and financial caps for damages make the process of getting compensated more complex. A personal injury lawyer is usually an expert in interpreting the tort claims act as it benefits the injured party. Benefits typically include deciding if the case is valid, and how to calculate damages for the maximum benefit, while remaining legally correct.

How Can I Find a Personal Injury Lawyer Near Me?

Lawyers with a specialty in personal injury matters may be found by contacting the legal authorities in the state, or by looking them up online. While some legal firms advertise their services online, some websites host a directory of licensed lawyers in the state, at county and expertise levels.