Personal Injury Lawyer in Omaha
Representing Complex Injury Claims in Nebraska & Iowa
When someone harms another person due to their careless, reckless, or wrongful actions, they can be held legally and financially accountable. By filing a personal injury claim against a negligent person, company, or entity, you can seek fair compensation for your damages, including medical expenses, lost income, and pain and suffering you experienced as a result of the accident.
At Carlson & Blakeman, LLP, our Omaha, NE personal injury lawyers, licensed in Nebraska and Iowa, have decades of experience standing up for injured individuals, as well as the rights of families and loved ones who have lost someone due to another person's negligent or wrongful conduct.
We are fearless when it comes to pursuing maximum compensation for our clients and are prepared to go up against the insurance company and their defense team. Led by founding attorney Clete W. Blakeman, our personal injury team has the experience, leadership, and resources to advocate for you and your recovery.
If you or someone you love was injured due to someone else's negligence, call (402) 858-0996 or contact us online to schedule a free initial consultation with one of our Omaha personal injury attorneys. Hablamos español.
Who Can File a Personal Injury Claim?
Most personal injury claims are brought on the grounds of negligence. If you are bringing a case based on negligence, there are several things you must prove.
You may have a personal injury case if you can prove each of the following elements:
- Duty of Care: You must establish that the person or party against whom you are bringing the claim (known as the “defendant”) owed you a duty of care, meaning they had a responsibility to take certain reasonable measures to prevent you from being injured or otherwise harmed.
- Breach of the Duty of Care: You must also prove that the defendant “breached” the duty of care. In most cases, this involves proving that they were negligent through act or omission, acted wrongfully, or intentionally caused you injury or harm.
- Causation: To have a personal injury case, you must prove that the defendant’s negligence, wrongful conduct, or intentional act was the direct or proximate cause of your injuries. This means proving you would not have been injured if the defendant had acted differently.
- Damages: Lastly, you can only file a claim for compensation if you can prove that you were injured and suffered measurable losses, known as “damages.” These damages can be economic or non-economic and may include things like medical bills, lost wages, and more.
While the majority of personal injury claims are based on negligence, some can be brought on the grounds of strict liability. In these types of claims, you do not necessarily need to prove that the defendant was negligent or that they acted wrongfully to have a case.
At Carlson & Blakeman, LLP, our Nebraska and Iowa licensed Omaha injury attorneys can help you determine if you have grounds for a personal injury case and, if so, can advise you on the next steps.
We offer complimentary case evaluations and only accept claims we truly believe we can win. As your legal team, we are prepared to do everything possible to secure the best possible outcome on your behalf, whether that’s negotiating a fair settlement or aggressively representing you at trial.
Furthermore, understanding the dynamics of strict liability claims—often associated with product liability cases—can provide alternate avenues of legal recourse. These involve holding manufacturers liable for defective products, regardless of intent or negligence, significantly broadening the scope of actionable claims.
Do I Have Grounds to File a Personal Injury Lawsuit in Omaha?
If you were involved in a motor vehicle accident, injured on someone else's property, or otherwise harmed as a result of another person or party's negligent or wrongful conduct, there are certain things you should know about filing a personal injury claim.
To determine whether you have grounds for a personal injury lawsuit, a comprehensive legal evaluation is essential. This assessment will examine key factors, including the extent of injuries, proof of negligence, and the correlation between the negligent act and the harm suffered. In Omaha, understanding local statutes and precedents also plays a significant role, as it helps frame the context in which your case will be assessed. Consulting with a dedicated Omaha injury lawyer at Carlson & Blakeman, LLP will provide invaluable clarity, enabling you to understand your rights and the potential remedies available under Nebraska law.
Nebraska Statute of Limitations for Personal Injury Lawsuits
First and foremost, the state of Nebraska has a four-year statute of limitations on personal injury lawsuits, while the state of Iowa has a two-year statute of limitations. This means that in Nebraska you only have four years to sue the liable party for damages. In Iowa, you must file a lawsuit within two years of your date of injury. If you fail to bring a lawsuit within the statute of limitations, your case will almost certainly be dismissed.
The importance of adhering to these time limits cannot be overstated. They ensure that claims are made while evidence is still fresh and witnesses' memories remain intact, enhancing the integrity of the legal process. Additionally, understanding exceptions to these limitations is crucial for protecting your rights, especially in scenarios like delayed discovery, where the injury might not be immediately apparent, or when pursuing claims against government entities, which have stricter deadlines.
Statute of Limitations: Injury Claim vs. Insurance Claims
Note that the statute of limitations only applies to personal injury lawsuits, not insurance claims. Typically, when you are injured in an auto accident or another incident covered by insurance, your first step is to seek compensation by filing a claim against the liable party’s insurance provider.
The length of time you have to file a claim depends on various factors, but it is usually set by the insurance company and/or the specific insurance policy. In most cases, you must file a claim within a “reasonable” period of time.
What Are the Exceptions to the Statute of Limitations in Nebraska?
There are some exceptions to the statute of limitations, but they are rare. They include:
- Wrongful Death: When someone dies due to the negligent or wrongful conduct of another, the personal representative of the deceased’s estate has two years from the date of death to file a wrongful death lawsuit on behalf of eligible surviving dependents and family members. Click here to learn more about wrongful death cases in Nebraska.
- Delayed Discovery of Injury: Sometimes, an injury does not appear on the date of an accident, or there may be other reasons the individual did not discover the injury right away. When this occurs, the person filing the suit generally has four years from the date the injury was discovered or reasonably could have been discovered to file a lawsuit.
- Cases Against the Government: Cases against federal, state, or local municipalities or government entities must be brought within two years of the date of injury. Additionally, claimants will need to file various forms with the State Risk Management Agency and State Claims Board prior to filing an injury claim (in most cases).
- Injuries to Minors: When the injured individual is a minor, meaning they are under the age of 19, the statute of limitations is deferred until the individual reaches the state’s age of majority. In other words, the injured minor would have four years from their 19th birthday to file a personal injury lawsuit for an injury occurring when they were still a minor.
- Medical Malpractice: In cases involving medical malpractice or negligence, you only have two years from the date of the injury or one year from the date the injury was discovered or reasonably could have been discovered, if the injury was discovered more than two years from the actual date of injury, whichever is earlier, to file a lawsuit.
Understanding these exceptions can make a significant difference in the outcome of your legal journey. It emphasizes the necessity of timely legal intervention. Consulting with a knowledgeable personal injury attorney ensures that these nuances are accounted for, ultimately safeguarding your right to fair compensation and justice.
Speak with an experienced injury attorney in Omaha serving Nebraska and Iowa. Contact Carlson & Blakeman, LLP online or call (402) 858-0996. Our services are available in English and Spanish.
The Importance of Legal Guidance in Personal Injury Matters
Engaging with a proficient personal injury attorney is crucial in navigating the often-complex waters of personal injury law in Omaha. Lawyers can steer clients effectively through intricate legal and procedural roadmaps tailored to local regulations. This careful navigation is especially important in preventing missteps that might risk the legitimacy of a case or its potential value.
They offer more than just counsel; they provide a scaffolding of emotional support during trying times, championing victim rights in the face of adversity. By leveraging their experience in Nebraska law, lawyers can decipher statutes and case histories that apply specifically to Omaha’s jurisdiction, identifying the most pertinent legal routes and devising strategic approaches to achieve the best possible outcomes.
Moreover, an attorney's involvement mitigates the daunting task of dealing with insurance companies known to use tactics to limit their liabilities. Legal representation reassures clients that their interests are protected, ensuring no major aspect—whether legal, financial, or emotional—is overlooked.
Role of a Personal Injury Lawyer
A personal injury lawyer is a type of attorney who specializes in representing individuals and families who have suffered physical, emotional, or financial harm due to the negligence or wrongful conduct of another party. These lawyers can help injured individuals recover compensation for damages such as medical bills, lost wages, pain and suffering, and other costs associated with the accident. Personal injury attorneys are knowledgeable about state laws pertaining to tort law and civil litigation procedures so they can effectively represent their clients in court if necessary.
Beyond legal representation, personal injury lawyers provide much-needed guidance during the recovery process, assisting clients in navigating complicated paperwork, and offering advice on the most prudent courses of action following an injury. Their involvement often extends to coordinating with other professionals, such as medical experts and investigators, to build a solid foundation for the claim. In essence, a personal injury lawyer serves not only as an advocate in legal battles but also as a trusted advisor steering clients toward reclaiming their lives.
Benefits of Hiring a Personal Injury Attorney in Omaha, NE
When someone is injured due to the negligence or wrongful conduct of another person, company, or entity, an experienced personal injury lawyer can be a source of strength and support.
Personal injury laws can be complex, and insurance companies may attempt to take advantage of your lack of legal knowledge. Hiring a personal injury lawyer ensures that you have a knowledgeable advocate who will work diligently to protect your rights and help you obtain the compensation you need to move forward after a serious injury.
A personal injury attorney will work with their client to understand the specifics of their case and seek fair compensation for any damages suffered as a result of the accident.
A personal injury attorney near you can also help:
- Analyze the details of a case and investigate to determine liability
- Gather evidence such as medical records, witness statements, and accident reports to support the claim
- Prepare legal documents such as pleadings and subpoenas to be filed with the court
- Negotiate with insurance companies or defense attorneys on behalf of the client
- Represent clients in court if necessary
- Educate their clients about laws related to personal injury cases
- Advise on strategies for the best possible outcome
- Seek fair compensation for damages incurred due to the injury, including medical expenses, lost wages, pain & suffering, property damage, etc.
A personal injury lawyer can also provide peace of mind during these challenging times. Knowing that legal matters are being handled professionally allows clients to focus on their recovery. Additionally, an attorney’s familiarity with the intricacies of the law means they can spot potential issues early and devise effective responses, reducing the risk of costly mistakes that could jeopardize a claim.
Speak with a qualified injury lawyer at Carlson & Blakeman, LLP at (402) 858-0996 or submit an online form to secure a consultation.
Meet Our Team
Omaha's Trusted Team
With decades of experience serving Omaha, Carlson & Blakeman Law is here for you and your family when you need it most.
How Our Omaha Personal Injury Lawyers Can Help
If you were injured or if someone you love passed away due to the negligent, wrongful, or careless actions of another person or party, reach out to our personal injury lawyers in Omaha at Carlson & Blakeman, LLP. You'll receive the top-notch legal help you deserve.
We are proud of our reputation for honesty, credibility, and integrity and make it our mission to provide every client with the empathetic support, personalized attention, and dedicated care they deserve. Our attorneys can represent you if you were injured in a car accident, truck or commercial vehicle collision, or rideshare accident.
We can also help you if you were bitten by a dog, harmed by a medical professional’s negligence, or lost a loved one in a tragic accident. Our team has the experience, resources, and in-depth legal knowledge to aggressively advocate for you and the maximum recovery you are owed.
We provide legal services in English and Spanish and do not collect any attorney fees unless we successfully recover a settlement or verdict in your case. We'll provide you with a free consultation with an Omaha lawyer, and we can even meet with you on weekends or the same day you call (by request).
Our commitment extends to understanding the full scope of each individual’s needs, ensuring personalized legal strategies that align with their circumstances. This includes addressing possible future complications, advising on insurance negotiations, and preparing for potential legal hurdles that might arise during the litigation process.
Meet Our Personal Injury Team:
To learn more, including how our team can help you get back on your feet, call (402) 858-0996 or contact us online.
Understanding Local Accident Trends & Common Hazards in Omaha
In Omaha, numerous factors contribute to the prevalence of personal injury incidents, from busy intersections and high traffic density to challenging weather conditions. The city's unique geographic and climatic conditions mean residents often face seasonal hazards such as icy roads in winter and heavy rains during spring and summer. Understanding these hazards is crucial for reducing risk and is a key consideration in many personal injury cases.
For example, car accidents frequently occur on major local highways such as Interstate 80 and Highway 75, known to have high traffic volumes and occasional adverse conditions due to weather or construction. This makes them a focal point for traffic-related accidents and reinforces the need for local legal expertise that grasps the area's specific challenges. By working with a skilled attorney familiar with local road conditions and state regulations, victims can leverage insights essential for framing an effective legal strategy.
Frequently Asked Questions About Personal Injury in Omaha
What Types of Damages Can I Recover in a Personal Injury Claim?
In Omaha, victims of personal injury have the right to pursue various types of damages. The most common include compensatory damages, which cover tangible and intangible losses suffered due to the injury. Tangible losses usually refer to economic damages such as medical bills, future medical care costs, and lost wages due to the inability to work. Intangible losses, referred to as non-economic damages, include pain and suffering, emotional distress, and loss of enjoyment in life.
In specific circumstances, punitive damages may also be granted. These are designed to punish severely reckless or negligent conduct and deter future misconduct by the defendant. From understanding medical billing intricacies to evaluating impacts on lifestyle and emotional well-being, the depth of these assessments often influences the claim's success and the final compensation amount. Engaging with a skilled Omaha personal injury lawyer can help victims accurately assess damages, providing strategic direction and enhancing the likelihood of a favorable outcome.
Can I Still File a Claim If I Was Partially at Fault for the Accident?
Nebraska follows a modified comparative negligence rule, which allows you to recover damages as long as you are less than 50% at fault for the injury. This means that even if you share in the blame for the accident, you may still be eligible to receive compensation. However, your recovery will be reduced by your percentage of fault. If you are found to be 20% at fault, your damages will be reduced by that same percentage.
This nuanced legal framework underscores the necessity for solid evidence and documentation to minimize your perceived degree of fault. A seasoned Omaha personal injury attorney can guide you through the complexities of Nebraska's comparative negligence rules. They assist in presenting a compelling argument that accurately reflects your reduced level of responsibility and increases the compensation opportunity for your sustained injuries.
Carlson & Blakeman, LLP is ready to answer your questions. Contact us at (402) 858-0996 or complete our form to schedule a consultation. Se habla Español.
