Chris and James Welsh of Welsh & Welsh
Proudly fighting for the Omaha community for over 65 years.

What Is a Serious Injury as Defined by Nebraska Law?

Published on Apr 3, 2018 at 2:32 pm in Personal Injury.

When you’re hurt because of someone else’s negligence, it can do more than cause a slight injury for the day. Negligence can hospitalize people for days and cause myriad health complications. In some severe cases, serious injuries can have consequences that leave people with chronic health problems. Not only does this affect your health, it can affect you financially as well. Medical expenses include hospital stays, medication, and future doctor visits and possibly rehabilitation. Your recovery may make you miss work which could cause financial stress.

If you or a loved one has been a victim of negligence, you may be experiencing this kind of stress. This isn’t fair. You shouldn’t have to be accountable for this because it wasn’t your fault. That’s where you can seek legal aid. An Omaha personal injury lawyer from Welsh & Welsh can help you get compensation for your injuries and financial losses. We’ve proudly served the Nebraska community for years and are ready to fight for your rights.

What Constitutes a Serious Injury?

Serious injuries incapacitate you and prevent you from living your life. Officially, according to Nebraska laws and federal laws, a serious injury is defined as:

“A personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.”

— Hyacinthe v. United States, 2009 U.S. Dist. LEXIS 108192 (E.D.N.Y. Nov. 19, 2009)

Here are just a few examples of injuries that generally count as serious injuries:

  • Traumatic Brain Injury and Spinal Injury. Any injury to the head or the spine is serious as these control vital physical functions. Traumatic brain injuries can do more than affect physical functions, they can result in mental illnesses. They also need to be treated quickly so they don’t become worse. Waiting until the injuries are worse could mean a longer recovery time and possible chronic issues.
  • Broken Bones. Breaking an arm or a leg is going to limit your movement and ability to accomplish everyday tasks. This could greatly affect your ability to work and take a long time to heal.
  • Loss of Limbs. In extreme cases, people may lose limbs due to someone’s negligence. This takes months of recovery and acclimating to this new way of life. The person will probably have to recover psychologically from this ordeal, which could take years.
  • Serious Burns. Serious burn injuries are extremely painful and dangerous. Burn injuries almost always result in hospitalization and a long recovery period.

When Can You Get a Serious Injury?

Serious injuries can occur at any time. It only takes one person to act negligently and they could end up changing someone’s life forever. Some typical ways that people get injured from negligence are:  

  • Motor Vehicle Accidents. Car accidents and truck accidents commonly occur when people are distracted or speed on the road. Other accidents like motorcycle wrecks can also cause serious injuries.
  • Product Liability. When a product is defective, it can hurt people or not warn them of the possible side effects of using the product. A product liability lawyer will help you with a claim about your injuries.
  • Premises Liability. Sometimes, property owners don’t maintain their building and it becomes a safety hazard for people on the property. When people get injuries that occur because of the owner’s negligence, they can file for premises liability.
  • Medical Malpractice. When a medical professional acts negligently, you can incur injuries and file a claim for medical malpractice.

While it is scary that someone’s negligence can cause a serious injury, it’s important to know that help it out there. The law office of Welsh & Welsh is prepared to fight on your behalf for the justice you deserve.