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Omaha Personal Injury Lawyer
Nebraska personal injury attorneys ready to advocate for you and your family
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When you or a family member suffers an unexpected and serious injury, you may be left with more than just pain. You might be facing lost income, medical bills, and other related hardships. If someone else’s negligence is to blame for your injuries, you may be able to recover compensation. At Inserra Kelley Cooper Sewell, our Omaha personal injury lawyers have been representing individuals and families for over six decades. If you are hurt and don’t know where to turn next, give us a call. We’re here to help.
How We Can Help
- What counts as a personal injury claim in Nebraska?
- Proving a personal injury case in Nebraska
- How long do you have to file in Nebraska?
- How is fault divided in Nebraska?
- What can you recover in a personal injury case in Omaha?
- Why clients bring these cases to Inserra Kelley Cooper Sewell
- How can I discuss my case with an Omaha personal injury attorney near me?
- Omaha personal injury lawyer frequently asked questions
What counts as a personal injury claim in Nebraska?
Most personal injury cases in Nebraska start when someone negligently injures another individual.
Common personal injury cases we handle include:
Car crashes
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Commercial truck and semi collisions
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Motorcycle crashes
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Catastrophic injury and TBI claims
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Pedestrian and bicycle crashes
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Dog bites and animal attacks
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Premises liability claims
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Proving a personal injury case in Nebraska
If you want to bring a successful personal injury case, such as a car crash claim, there are certain things you must prove in order to recover from another party who is at fault for your injuries. In most claims, you must prove negligence. There are four elements you need to prove in a negligence case:
Duty: The person had a duty to behave with a reasonable standard of care. If we think of a car accident claim, drivers owe everyone on the road a duty of care to drive in a reasonably safe manner. That means others in cars as well as pedestrians and cyclists.
Breach: You must show that the person who injured you breached this duty. For instance, let’s say that they ran a stop sign. That would show they were not exercising due care.
Causation: The negligent action, in this case, running the stop sign, must be the proximate cause of your injuries.
Damages: You must have experienced actual damages. Let’s say you were rushed to the hospital because you broke your leg in the crash. Here, you would have clear damages in the form of medical bills and other related losses.
While this might sound fairly straightforward, there are some complicating factors. Pre-existing conditions could be used to argue your injuries aren’t from the accident. The other driver may argue they didn’t run the stop sign or claim you were speeding, trying to shift blame onto you. They may claim you weren’t hurt that badly and that you’re exaggerating your losses. We can help you collect the evidence you need and build a strategy to prove all of these elements.
How long do you have to file in Nebraska?
In Nebraska, you typically have four years to file your personal injury claim (§ 25-207). There is a shorter timeline for wrongful death claims, which the law requires to be filed within two years (§ 30-810). Product liability cases need to be filed within four years of the injury, but they may also be subject to a statute of repose depending on where the product was manufactured (§ 25-224). If you’re bringing a claim against a municipality, county, or school district, you’ll have to file the written claim within one year and the suit within two (§ 13-919). This is important to remember if you suffer an injury because of a city bus, plow, or other vehicle, for example. Claims for uninsured or underinsured motorist coverage under your own auto policy must be brought within five years, but this period may be shortened depending on the language of the auto policy. There are other exceptions and rules that could pop up depending on the specific facts in your case. The sooner you speak to us, the better. We can help you meet time constraints and get your case moving forward. A full review of the facts is necessary for us to be able to advise you on any deadlines that may impact your claim.
How is fault divided in Nebraska?
Nebraska follows a policy called modified comparative negligence. The state places a 50% liability bar on claims (§ 25-21,185.09). Essentially, if your share of fault is under 50%, you can still recover damages from the other at-fault party or parties. However, your damages will be reduced in proportion to your share of fault. If you are at 50% or above, your recovery is zero.
Let’s say you were in a car accident and you were found to be 20% at fault. Your damages total $400,000. You could recover 80% of those damages – $320,000 – from the other driver. Now, let’s say instead of being 20% at fault, you’re found 50% at fault. Your damages are still $400,000, but you can’t recover anything.
If an insurance company is trying to push the blame onto you, this policy is the reason. However, insurers do not have final authority to decide the share of fault if a personal injury case is litigated – the factfinder does. We help injured people by representing them, advocating for them, and litigating their claim when an insurer won’t make a fair offer.
The dog bite exception
While most personal injury cases in Nebraska are based on negligence, dog bite claims are different. Under Neb. Rev. Stat. § 54-601, dog owners generally face strict liability if their dog injures anyone other than a trespasser. There is no need to prove that the dog owner was negligent or knew the dog was dangerous. If the injured person provoked the dog, that is a practical defense and may change the outcome.
What can you recover in a personal injury case in Omaha?
Personal injury claim damages fall into several categories in Nebraska. Here are some of the categories:
Economic damages
Economic damages in a personal injury claim are the ones that come with real financial losses. Your economic damages might include your medical bills to date, future care and life care planning, lost wages, lost earning capacity, and home and vehicle modifications.
Non-economic damages
Non-economic damages offer additional compensation to account for your pain, disfigurement, loss of enjoyment, diminished quality of life, and other emotional distress. Your spouse may also have a loss of consortium claim, which compensates for the loss of enjoyment of the marriage.
Wrongful death damages
In a wrongful death case, families may be able to recover for certain expenses like funeral costs, and also for the loss of love and support they would have benefited from if their loved one had not lost their life because of someone else’s negligence (§ 30-810). If your loved one suffered conscious pre-death pain and suffering, you may also bring a separate survival claim to recover for your loved one’s pain and suffering before they passed away.
Nebraska doesn’t place a general damages cap on most injury cases, so the total amount recovered is generally up to the jury.
Why clients bring these cases to Inserra Kelley Cooper Sewell
At Inserra Kelley Cooper Sewell, our attorneys represent clients in some of the most challenging personal injury cases. We’re here when the stakes are high. Our attorneys have prior experience handling insurance defense litigation, which means we know the ins and outs of the strategies and tactics used by insurance companies and their attorneys – and can plan to combat them.
We’ve achieved six- and seven-figure results for clients who sustained severe harm in past cases. While we work diligently to negotiate settlements, we’re always prepared to go to trial when we believe that’s the best way for us to get our clients the compensation they need. Some examples of our outcomes include:
$8.4M
verdict (2023)
$5.8M
federal jury verdict after an 11-day trial (2023)
$1.25M
wrongful death claim (2022)
While past results cannot predict future outcomes, we’re extremely proud of the results we’ve secured for our clients. We know that a meaningful settlement or verdict can help them begin rebuilding their lives.
We’ve also earned the trust of our clients because of our compassionate approach to these cases. While our team has earned many professional accolades, we believe the best representation of who we are as a firm comes from our past clients.
"I was referred to IKCS after someone rear ended me. I’m so glad I took their advice! Bridgett, one of the paralegals there, was so nice and reassuring. My lawyer was Pat Cooper. He was phenomenal!! He listened and referred me to right doctors after my accident. I highly recommend IKCS!!"– Maurin S.
"I never imagined being in a situation needing a lawyer. Inserra Kelley Cooper Sewell proved why they are the best. They held my hand from the moment that I first walked in the door till the very last day. They took on everything, walked me thru the process and kept me updated. I remember Mr. Kelly telling me “all you have to do is heal”. Hopefully, my situation was a “one time event”. If not, I know who to call! Inserra Kelley Cooper Sewell!!!!"– Colette S.
"I was in a car accident in 2023 in July, I was recommended to use them to handle insurance and settlement. While it did take two years to get fully settled and complete (some of it was due to body shop scheduling) I was so happy they were able to handle all the legal issues with this situation. Will definitely recommend them to anyone here in the Omaha metro area! Really happy with how things turned out!"– Alexi F.
When a new client comes to us, we listen, we take the time to get to know you, and we strive to keep you informed throughout the entire process. We understand this is a difficult time for you and your family, and we want to make sure we’re handling the legal side so you can focus on recovering.
How can I discuss my case with an Omaha personal injury attorney near me?
You can come to our office at 6790 Grover Street, Suite 200, Omaha, NE 68106, just off I-80 at 72nd. If you’re unable to come to us, we can often come to you. We’re a short ride away from Nebraska Medicine and CHI Health Creighton University Medical Center – Bergan Mercy, and we can visit hospitals, rehab centers, and prospective clients’ homes when needed and appropriate. If you’re injured and want to speak to us, don’t hesitate to call.
Inserra Kelley Cooper Sewell
6790 Grover Street, Suite 200
Omaha, NE 68106
Omaha personal injury lawyer frequently asked questions
What if I suffered injuries in a car crash and the driver who hit me had no insurance or not enough insurance?
Finding out you were injured by an uninsured or underinsured driver can add stress to an already terrible situation. However, this doesn’t always mean you’re out of luck. You may have the opportunity to file an uninsured motorist claim or an underinsured motorist claim. If you want to learn how this may apply in your case, just reach out.
Will my health insurance or Medicare have to be repaid?
How long does a personal injury case take?
What if the insurance company already made an offer?
Do most cases go to trial?
Contact us to speak to an Omaha personal injury attorney today
If you were injured because of another person’s negligence, don’t stay silent or suffer alone. Our team is prepared to support you by handling the legal aspects while you and your family focus on healing, recovering, and getting your life back on track. Call us today or fill out our contact form to speak to one of our dedicated Omaha personal injury lawyers. Consultations are always free.