What is a Tort Case, and What does it Involve in Nebraska?
In Nebraska, tort simply means injury. Injury here must be as a result of a duty owed by another party which he or she 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. The District Courts and Risk Management Board in the state undertake cases of torts in the state.
Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:
- 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 that person resides in or was accused in.
Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites 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 government owned agencies or representing employees. The Nebraska Tort law reforms places restrictions on the value of damages the state can pay to an injured party as compensation. There is also the law of sovereign immunity that protects the government and employees acting on their behalf from liability. Torts may arise due to negligence, strict liability or intentional. 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
- Constructions accidents from errors in structure
What are the Differences Between Criminal Law and Tort Law in Nebraska?
Criminal law differs from tort in many ways, some of which are:
- 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 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 preponderance of evidence. It means there is at least a 50% chance that the facts are true. In criminal law, the burden of proof must be beyond all reasonable doubt
What is the Purpose of Tort Law in Nebraska?
Tort law gives injured persons the chance to get relief for damages incurred; provides deterrent measures to potentially liable parties, and satisfies the societal collective sense of right and wrong.
What is a Tort Claim in Nebraska?
A tort claim in Nebraska is 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. Although they both work to assess claims from injured parties, the state Claim Board handles applications for damages higher than $5000. While the State Risk Management Board handles lower values, all claims above $50,000 go to the state legislative floor for assessment and approval. Local authorities such as municipal or county governments have individual sets of rule 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 will 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 before a notary and submit 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 all feature these elements:
- 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 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, he or she can 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 an expert in interpreting the tort claims act as it benefits the injured party. Benefits 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 are available 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.