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Personal Injury FAQs

Abrahamson Law Office Dec. 20, 2023

We understand how overwhelming it can be when you or a loved one experiences an accident resulting in a personal injury. Suddenly, you're thrust into a situation filled with uncertainty and countless questions. How will you pay for medical bills? What happens if you can't work? And, of course, there's the legal process. It can feel like a daunting task to understand your rights and know what steps to take next.  

Here at Abrahamson Law Office, located in Omaha, Nebraska, we're dedicated to helping our clients throughout Sarpy County, Douglas County, Washington County, Saunders County, Otoe County, and Dodge County. We're here to answer your questions, guide you through the legal process, and help you seek the compensation you deserve. 

Below are some of the most common queries we encounter about personal injury and their answers. Reach out to us if you are in need of legal counsel tailored to your specific situation. 

What should I do after an accident? 

First and foremost, your health is paramount. If you've been involved in an accident, it's important to seek immediate medical attention for any injuries, even ones that may seem insignificant. This is not only crucial for your well-being but it also helps document your injuries for potential legal proceedings. 

Once you've taken care of your health, start collecting evidence from the accident scene. This could involve taking pictures, gathering witness statements, and noting down the contact details of all parties involved. Don't forget to report the accident to the proper authorities such as the police or your insurance provider. 

Lastly, reach out to us at Abrahamson Law Office. Our team of experienced personal injury attorneys can guide you through the legal process and help you file a claim against the party responsible for your injuries. 

What if I was partially at fault? 

Nebraska follows a modified comparative fault rule. This means that if you were partially responsible for the accident, your compensation might be decreased. However, as long as your percentage of fault is less than 50%, you can still recover damages. 

The amount you receive will be proportionally reduced based on your degree of fault. It's advisable to consult with us so we can assess your case's specifics and determine how comparative fault might affect your claim. 

I don’t feel hurt. Should I still see a doctor? 

Absolutely. After an accident, it's essential to see a doctor, even if you don't feel immediate pain or notice any visible injuries. Certain injuries, like whiplash or internal damage, might not show symptoms right away but can deteriorate over time. 

Also, getting medical attention creates a record of your injuries, which can serve as crucial evidence for your personal injury claim. It's always safer to have a medical professional evaluate your condition. 

Should I talk with the insurance adjuster? 

While dealing with insurance adjusters after an accident, it's important to tread carefully. Remember, insurance adjusters work for the insurance company, and their primary goal is to minimize the amount of compensation they need to pay. 

Before talking to an insurance adjuster, get in touch with us. We can help safeguard your rights, negotiate with the insurance company on your behalf, and make sure you receive just compensation for your injuries and losses. 

How long do I have to file a personal injury claim? 

In Nebraska, the statute of limitations for filing a personal injury claim is generally four years from the date of the accident. However, specific deadlines might apply to your case. If you don't file a claim within this timeframe, the court may dismiss your case, and you could lose the chance to seek compensation for your injuries. We strongly recommend consulting with us as soon as possible after an accident to ensure prompt action. 

What if I’m injured and the other party has no insurance?

If you're injured in an accident and the other party doesn't have insurance, it can complicate the process of seeking compensation. However, you still have options. For instance, if you have uninsured motorist coverage as part of your own insurance policy, you might be able to make a claim against your own insurance company. 

Alternatively, if the at-fault party has assets or other income sources, you might be able to pursue a personal injury lawsuit to recover compensation. In these situations, it's crucial to consult with us to explore all available options and determine the best course of action. 

I filed a lawsuit. What happens next?

Once you've filed a lawsuit for your personal injury claim, you'll enter the legal process. This typically includes discovery, where both parties exchange information and evidence related to the case. Depositions may also be conducted, where witnesses and parties involved provide sworn testimony. 

Settlement negotiations may occur throughout the process, and if a settlement is reached, the case will be resolved without going to trial. If a settlement can't be reached, the case will proceed to trial, where a judge or jury will determine the outcome. Having us by your side can help guide you through this process and advocate for your rights. 

Who pays for the damages after an accident? 

Usually, the responsible party's insurance company pays for the damages after an accident. This includes compensation for medical expenses, property damage, lost wages, pain, and suffering, and other related costs. However, insurance companies might try to minimize the amount they pay or deny your claim altogether. 

Having us on your side can help ensure that you receive fair compensation and that the responsible party's insurance company fulfills their obligations. 

Do I need to hire a personal injury attorney?

While it's not legally required to hire a personal injury attorney, we highly recommend it, especially if you've suffered significant injuries or are facing challenges with your claim. We have the knowledge, experience, and resources to guide you through the complex legal process, gather evidence, negotiate with insurance companies, and advocate for your rights. Our team at Abrahamson Law Office is committed to helping you get the compensation you deserve.