November 2020

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Questions to Ask Your Potential Personal Injury Lawyer

Hiring a personal injury lawyer in Omaha is one of the best things you can do for your claim – especially if an accident gave you or a loved one a serious injury. A lawyer will have the experience, professional expertise and resources to properly litigate your claim. Before you choose your attorney, however, ask several key questions to confirm the lawyer is the right one for you. How Much Experience Do You Have With My Type of Case? Check to see if the attorney has hands-on experience in your practice area. It is…

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What is Foreseeability and Proximate Cause in a Personal Injury Case?

Proving a personal injury case in Nebraska takes fulfilling many complicated legal standards. The majority of personal injury cases center on the legal doctrine of negligence. It will be up to you or your personal injury attorney to establish, based on a preponderance of the evidence, that the defendant’s negligence was the proximate cause of your accident and related personal injury. Proving negligence often comes down to whether or not the accident was foreseeable. What is Foreseeability? Before you can recover compensation for an accident, you or your lawyer will need to establish that…

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What to Do If You’re at Fault for the Accident

It is not always easy to determine fault for an auto accident. Fault is a complex legal matter that is not always entirely on one driver’s side. Many accidents involve shared liability among multiple parties. Even if you are somewhat certain you caused a car accident in Nebraska, do not admit fault. Do not accept full liability for the crash until an investigation proves you are to blame. Protect yourself by hiring an injury lawyer to determine fault for you. Fulfill Your Driver Responsibilities First, remain at the scene to fulfill your legal responsibilities…

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Can a Personal Injury Case Ever Be Reopened?

One of the most frequently asked questions from injured plaintiffs is, “Can I reopen my case?” The answer is generally no. Even with help from a lawyer, you cannot reopen a closed personal injury case except in very rare circumstances. If you discover that your injury will need further treatments or surgeries that you did not account for in your first settlement, you will typically have to pay for the additional costs yourself. This is why it is critical to ensure the accurate value of your settlement before you close your case. No, You…

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If I Was Not Wearing a Helmet, Can I Still File a Bicycle Accident Claim?

Wearing a helmet can drastically reduce your chances of a head or brain injury in a bicycle accident. Even the most experienced biker can get into an accident if he or she encounters a dangerous or distracted driver. The helmet is by far the most effective piece of safety equipment for protecting the brain. If you were not wearing a helmet in your bicycle accident, you can still file a claim. The other party may, however, try to use your lack of helmet-wearing against you. Nebraska Bicycle Helmet Laws In Nebraska, bicyclists do not…

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What Is a Damage Cap?

Some states place limits on the maximum amount of financial compensation – or damages – an injured victim can obtain from a defendant during a civil lawsuit. These limits are called damage caps. While the damages available in most states are limit-free and based on what a jury deems appropriate, some states impose damage caps. Nebraska is one of them. What Are Damage Caps? There are two main types of damages in a personal injury case: compensatory and punitive. Compensatory damages make a victim whole again after a harmful accident causes losses such as…

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