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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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11/15/2020

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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What Is the Difference Between Ordinary Negligence and Gross Negligence?

If someone else injures you in Nebraska, you may have the right to file a claim against that person for damages. Before you can receive benefits, however, you will have to prove negligence. On a legal level, two different standards of negligence exist: ordinary and gross negligence. The type of negligence involved in your case can change how much you receive in compensation. What Is Ordinary Negligence? The burden of proof in most personal injury cases is enough evidence to establish the defendant as more likely than not responsible for the plaintiff’s damages. Responsibility…

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What Is a Contingency Fee?

Hiring an attorney to help you with a civil case could make a world of difference to its outcome. A lawyer has the years of experience, legal resources and knowledge to achieve top results for your claim. It is normal, however, to worry about the costs of hiring an attorney. Luckily, many lawyers have solved this problem by accepting clients on a contingency fee basis. What Does Contingency Fee Basis Mean? If an attorney charges on a contingency basis, it means you paying for the lawyer’s services is contingent upon him or her winning…

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How Pain and Suffering Damages Are Calculated

A serious accident in Nebraska can affect a victim more than just financially. Severe injuries have significant physical, mental and emotional impacts on victims as well. Scarring, disfigurement and permanent disabilities can cause immense pain and suffering. In Nebraska, the civil justice system permits plaintiffs to seek compensation for intangible pain and suffering damages in addition to economic losses. The value of your pain and suffering damages during an injury claim will depend on how the jury decides to calculate them. What Is Pain and Suffering? First, understand what pain and suffering means from…

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How Long Does it Take to Get a Settlement From an Injury Claim?

Being injured in an accident will trigger a series of events that can last weeks, months or even years. Some cases resolve with settlements in a few months, while others take a year or longer to resolve at trial. Once you achieve a settlement, you may be eager to obtain the check. The legal process is not something you can rush, however. How long you must wait to receive the money can depend on your case and the size of the settlement. Settlement Finalization and Liability Release Form After going through the insurance claim…

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