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Are Liability Waivers Enforceable in Nebraska?

If you signed a liability waiver before participating in the sport, event or activity that injured you in Nebraska, you may wonder if you still have the right to file a lawsuit for your injuries and losses. The answer depends on the exact language of the liability waiver and the actions of the at-fault party. Discuss your accident in more detail with a personal injury lawyer in Omaha to find out if you have a case. What Is a Liability Waiver? Certain activities come with inherent injury risks, such as watching a live baseball…

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How Are Pain and Suffering Calculated in Nebraska?

If you get injured and file a personal injury lawsuit in Nebraska, you may be eligible to recover a category of damages referred to as pain and suffering. Pain and suffering is an umbrella phrase that refers to many different types of intangible or general losses connected to an accident. Knowing how pain and suffering is calculated in the Nebraska courts can help you understand the value of your lawsuit. What Are Pain and Suffering? The byproducts of an accident are not only financial. Some of the worst ways that an accident affects a…

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Who Is Liable for an Injury in a Public Place?

Public places can be just as dangerous as private properties in Omaha, Nebraska for visitors and passersby. Public parks, sidewalks, buildings and structures must be appropriately maintained to reasonably prevent accidents and injuries. If the state or federal government – or one of its employees – is careless in fulfilling the accepted duties of property care, the government agency could be financially responsible (liable) for a related accident. Government Liability in Omaha, Nebraska The rules of premises liability hold property owners to certain duties of care. A duty of care is a legal obligation…

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What Is Considered a Tire Defect?

Tires are some of the most important parts of a motor vehicle. They are what connect to the road and allow a driver to maintain control of the vehicle. If a tire contains a product defect, this could compromise the safety and control of the entire vehicle – causing a car accident. Unfortunately, many manufacturers distribute tires with dangerous defects. Design Defects A tire defect is an issue with the product that makes it unreasonably dangerous for consumers to use. A tire defect can take many shapes and forms. One type is a design…

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What Are the Most Common Costs Associated With Car Accidents?

Car accidents can be financially devastating for those involved. From inflicting serious physical injuries and emotional distress to causing expensive property damage, a car accident can lead to significant losses for a victim. The most common costs associated with car accidents can add up to thousands of dollars over a victim’s lifetime. Medical Bills A car accident can cause serious and debilitating injuries that require a great deal of money and necessary medical care. Some of the most common injuries suffered in car accidents are bone fractures, muscle tears, internal injuries, brain injuries and…

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How a Bankruptcy Filing Affects a Personal Injury Claim

Every personal injury claim is unique. Some encounter complications, such as one party filing for bankruptcy. A bankruptcy filing can affect a personal injury claim in many ways – including the possibility of taking away an injured person’s ability to seek financial compensation from a defendant. If you believe your personal injury claim will involve a bankruptcy filing, learn more about what this may entail with help from an attorney. If the Defendant Files for Bankruptcy The defendant is the party allegedly at fault for causing the victim’s injury and losses. A defendant will…

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How Do Insurance Companies Investigate a Car Accident?

If you get injured in a car accident in Nebraska, you will file a claim with the auto insurance provider of the at-fault party. This could be the other driver involved in the crash, a third party or your own insurance company. Either way, you will have to go through the insurance investigation process before you can receive benefits. Knowing how insurance companies investigate car accident claims can help you prepare for the process to come. Assign Claims Adjusters First, the insurance company will assign a worker with the title of insurance claims adjuster…

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How Is a Wrongful Death Settlement Divided?

Wrongful death is the tragedy of losing a beloved family member in an avoidable accident, such as a car crash caused by a distracted driver. If Nebraska’s wrongful death laws apply to your loved one’s passing, you and your family may be entitled to financial compensation from the at-fault party or parties. A successful claim could lead to financial reimbursement for expenses such as funeral and burial costs, medical bills, and mental anguish. How a settlement is divided, however, depends on the state’s laws for interstate succession. How Are Wrongful Death Settlements Paid Out?…

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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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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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