FOCUSED ON HEALING, THEN RESULTS

Choose Inserra | Kelley | Sewell, Injury Attorneys

We focus on healing first

We help you get the proper treatment, help you understand how it will be paid for, and then we focus on what the value of the claim is.

Call Inserra Today

Inserra | Kelley | Sewell, Injury Attorneys are ready to help. Call us at 800.642.1242 today.

Over 68 Years of Experience

Inserra | Kelley | Sewell, Injury Attorneys have been in Omaha over 60 years. Our team has the experience you need to get the results you deserve.

Representing Injured Plaintiffs for Over 65 Years

INSERRA KELLEY SEWELL is a litigation and trial practice law firm dedicated to representing injured plaintiffs and enforcing the laws that hold wrongdoers and their insurance companies responsible for the harm inflicted upon our clients and their families.

“Focused On Healing, Then Results,” is a commitment we make to all of our clients. We help and guide our clients step-by- step through the initial injury, the pain and uncertainty of the healing process, and complications caused by medical bills, lost wages, and the insurance claims procedure. After all injuries have been properly documented and treated, we shift our focus to obtaining the maximum nancial result from the wrongdoer’s insurance company.

INSERRA KELLEY SEWELL has the experience and skill set to promptly and professionally resolve all types of serious and catastrophic injury claims. When you hire INSERRA KELLEY SEWELL you can be assured you will receive the following:

  • Full Investigation of Liability and Damages
  • Diligent Legal Analysis
  • Experienced Trial Attorneys to Answer Questions and Handle Your Case
  • Experienced Support Team to Gather Evidence
  • Prompt Communication With Every Client

AFFILIATIONS & ASSOCIATIONS

 
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Featured Practice Areas

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Motorcycle Accidents

If you have been injured in a motorcycle accident, let the experienced professionals of Inserra | Kelley | Sewell, Injury Attorneys stand with you to protect your right to fair treatment and fair compensation.

Personal Injury

If you injured because of someone else’s recklessness or negligence, we know the stress that it can cause you and your loved ones. Contact Us.

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Bicycle Accidents

When sharing the streets with vehicles, pedestrians and bicyclists are particularly vulnerable. You need an experienced team on your side to protect your rights.

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Wrongful Death

Wrongful death is caused by the fault of another, including those deaths caused by drunk driving, dangerous or defective products, construction of an unsound building, or failing to diagnose a fatal disease. Let us help bring solace, dignity and justice in your time of greatest need.

Catastrophic Injury

Catastrophic injuries are called catastrophic for a simple reason — they are life altering. Few victims or their families are prepared to face the prospect of a dramatically different tomorrow. We can help.

Drug Injury

Prescription drug adverse reactions and side effects cause the death of 200,000 Americans every year. Adverse reactions and side effects from over-the-counter medications,  cause serious injury or death to countless others. If you have questions, call us.

Client Reviews

Sarah Forbes
Sarah Forbes
14:00 14 May 21
They helped my husband and I thru my car accident. Craig was an advocate for us and very caring. Felt like he put our... interests but his. Thank you so much.read more
Thomas Hemmer
Thomas Hemmer
14:18 26 Feb 21
I was involved in a vehicle accident and Craig Kelly helped get me though the process of dealing with insurance. Making... sure all my doctor bills got paid and seeing to it that I received compensation for the injury I received from the accident. Very pleased with the whole process and would recommend him to anyone going though the difficult time following an accident.read more
Mike Boner
Mike Boner
00:44 25 Feb 21
Did everything they could for my case and did it professionally and kept me updated all the time!
Patricia Carley
Patricia Carley
22:30 19 Feb 21
Craig was always professional, easy to contact and made everything very clear to us. We appreciated the time he spent... working for us to get the problem resolved We would recommend him to anyone who needed an attorney. Thanks so much, Craig!read more
Irish Cream
Irish Cream
03:19 06 Feb 21
The team at Inserra Kelley and Sewell are a no nonsense group of professionals that handled my case with tact and care.... Every step of the way I was notified promptly and advised on a course of action. They handled the negotiation side of things and handled all the back end work for me. In my particular case, I feel that I got what I was owed and wouldn't hesitate to work with them again if the need ever arose. Craig is super friendly and down to earth and even helped me seek employment at one point.Overall, a great group of folks to deal with and they really make you feel like family. Thanks guys for the help when I needed it most.read more
Adrian Westcott
Adrian Westcott
21:02 20 Oct 20
Working with Craig Kelley was great he made it very simple and easy, he knew everything that needed to be done and... helped me through every step, he was very kind and easy to work with and talk to, and explained anything i didn't understand. The entire staff was very professional and kind as well. I hope to not ever have to have an attorney again BUT if I do I will not hesitate to have Craig as my first and only call. Thank you Craig Kelley from the bottom of mine and my family's heart you were amazing and very helpful.read more
Jerod Weston
Jerod Weston
20:49 06 Aug 20
I would highly recommend IKS to anyone! Everyone on the team is caring and professional and always willing to help out... and answer any and all questions! I never left feeling anything less than confident in the team. All emails and calls were answered in a timely manner! Great experience!read more
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Recent Articles

Johnson & Johnson: Are Patients or Profits Taking the Lead in Risperdal Lawsuits?

Over the past several years, there has been an increase in lawsuits against Johnson & Johnson for various products including NuvaRing, vaginal mesh, and even a broad recall of children’s medicines.  Although each lawsuit against Johnson & Johnson has its own individual facts and considerations, what has become clear is that Johnson & Johnson has a number of dangerous products on the market leading to harmful side effects.  In 2010, the antipsychotic drugs Risperdal and Invega were added to this list.  These drugs, while marketed as antipsychotic medications, can cause serious side effects, including rapid weight gain and the growth of breasts in boys and young men.  Over the years, hundreds of lawsuits have been filed alleging the same side effects, some of which have gone to trial and been settled.

The lawsuits surrounding Risperdal allege inappropriate marketing as well as failure to warn issues.  While Johnson & Johnson alleges Risperdal helps countless people throughout the world who suffer from debilitating mental illnesses, it also has caused embarrassing side effects further contributing to the problems it claims to address.  In September of 2012, Johnson & Johnson settled one such lawsuit with a 21 year old who had taken Risperdal and grown breasts which had to be surgically removed.  The settlement was allegedly agreed to by Johnson & Johnson in order to avoid having the Judge in the trial order Chief Executive Officer Alex Gorsky to testify.   According to court filings, Gorsky was using the increases in Risperdal sales on his resume’.  The plaintiff sought to secure testimony regarding Gorsky’s role in getting psychiatrists to promote Risperdal for uses not approved by the FDA.

In addition to the lawsuits, Johnson & Johnson has also faced criminal charges from the federal government over allegations related to off-label marketing and payoffs to a nursing-home pharmacy company.  In November of 2013, Johnson & Johnson agreed to plead guilty to a misdemeanor charge and pay $2.2 billion to settle allegations that it illegally promoted the use of its antipsychotic drugs for unapproved uses, including the marketing of Risperdal to children and the elderly.  Although Risperdal and Invega were approved mainly for the treatment of schizophrenia, Johnson & Johnson expanded the promotion of the drugs for other medical problems to increase sales and driving the cost up for everyone in the health-care system, according to U.S. Attorney General Eric Holder.

Still, the most troublesome side effect of Risperdal is the embarrassing and abnormal growth of breasts in males, most significantly troublesome in young boys and young men.  These types of claims are time sensitive and require a timely evaluation of the facts of your case.  If you or a loved one has experienced this side effect and have a history of taking Risperdal or Invega, contact an attorney knowledgeable in the handling of mass tort claims.

Banged, Bumped and Bruised at Work – What are My Options?

You have a right to a safe workplace.  In 1970, the Occupational Safety and Health Act (OSHA) was passed to prevent workers from being killed or seriously harmed at work.  The Act created a government agency to set and enforce protective workplace safety and health standards, provide information, training and assistance to workers and employers.  The purpose was to prevent and lower the number, frequency and extent of worker injuries and deaths.  However, accidents at work still occur.

In Nebraska, if you are injured at work, your exclusive remedy against your employer is workers’ compensation, unless there is an express contract between the employer and a third-party to indemnify the third-party for the loss, as was the case in in the 1988 Union Pacific Railroad Co. v. Kaiser Ag. Chem. Co., 229 Neb. 160 (1988).  Railroads are governed by the Federal Employers’ Liability Act  of 1908 (FELA), rather than workers’ compensation, which falls under a different set of guidelines.

In a straight workers’ compensation case, however, the negligence of your employer does not give you a better case against your employer.  The Nebraska Workers’ Compensation Act eliminates an employee’s common law cause of action for an employer’s negligence.  In return for this immunity, the employer is held strictly liable for payment of workers’ compensation benefits regardless of fault Ray v. School District of Lincoln, 105 Neb. 456 (1920).  This includes any actions for an employer’s intentional tort.  It is for this reason that your employer is required to carry workers’ compensation insurance if they have one or more employees in a regular trade, business or profession, with exceptions such as household domestic servants, employees of agricultural operations, railroad employees, executive officers under a certain threshold, volunteers and independent contractors.   Workers’ compensation insurance is intended to provide compensation for work-related injuries, regardless of negligence, provided your injury was incurred in the scope and course of your employment.

Even though workers’ compensation is your exclusive remedy for the negligence of your employer, you may have other claims.  Should your injuries be the fault of a third party, you may be able to seek compensation from the third party.  In this case, the workers’ compensation carrier may still pay your bills, however they are entitled to recovery of their payments from any settlement with the negligent party.  The employer is, however, protected from the third-party defendant’s attempts to seek contribution against an injured employee’s employer or co-workers.

There is one exception to the exclusive remedy provision, however.  If an employer who is subject to the Workers’ Compensation Act fails to carry workers’ compensation insurance or an acceptable alternative, Neb. Rev. Stat. § 48-145(3) provides that an employee can either elect to proceed under the act’s benefits or to seek to recover damages in a common-law action against the employer.

Workers’ compensation claims have a shorter time period in which to bring your claim than a normal negligence suit in Nebraska as well.  You should consult with an attorney knowledgeable in worker injuries to evaluate all potential claims as a result of the particular facts of your injury.

 

 

Do Side Air Bags Pose a Risk to My Children?

Front air bags have been required in all passenger cars since 1998.  Since that time, automakers have capitalized on the safety of adding side-impact air bags as a selling point.  Are side impact air bags really necessary?  Side impact air bags offer protection from fast-moving chunks on metal and glass which can fly freely in a side impact.  The majority of side impact deaths are a result of head injuries from a driver or passenger striking their head against a window. Side air bags are designed to protect your head and/or chest in an automobile accident stemming from the side of your vehicle.

 The Insurance Institute of Highway Safety reports side impact air bags can decrease deaths from side-impact crashes up to 45%.  Luckily, side impact airbags are designed to stay inflated longer than a front air bag, adding additional protection in a roll-over accident.  Side air bags, like front air bags, still provide a risk to small children or infants at high speeds.  Children are most vulnerable to injuries from air bags in the neck and head area.  Although many cars are now equipped with side airbags, there are no guidelines requiring them as standard equipment in new cars.  Never allow children under the age of 12 to ride in the front passenger seat of the car.  Air bags are designed to work with the lap and shoulder belt to protect an occupant in the event of a crash so all passengers age 13 and older should wear both a lap and shoulder belt when riding in the front seat.

Some side air bags are mounted from the roof of the vehicle, which position has not indicated a risk to children.  These airbags are tested by a Technical Working Group (TWG) and will have an “M” (meets requirement) in the column labeled “SAB Out of Position Testing” in your owners’ manual and are considered safe for children.  However, very few cars sold in the United States have this type of side airbag.  If you cannot determine if your side air bags have been deemed safe for children, you can call your car manufacturer for information regarding the type of air bag which comes standard in your make and model of car.

 For more information or for additional tips about air bag safety, visit the American Academy of Pediatrics website.

Lexapro Effectively Treats Depression, but Is the Cure Worse Than the Disease?

Major depressive disorder affects approximately 14.8 million American adults or about 6.7 percent of the United States population, age 18 and older (Archives of General Psychiatry, 2005 June; 62(6): 617-27).  It’s not surprising that pharmaceutical antidepressants have become such a big business.  Unfortunately, all synthetic medications come with side effects.  Prozac, Paxil, Lexapro and Zoloft are Serotonin reuptake inhibitors (SSRIs), which increase the extracellular level of the neurotransmitter serotonin, which can alter a person’s mood.

Lexapro was first introduced by Forest Laboratories in 2002, with generic versions approved in 2012, when the drug’s patent expired.  The drug received a black-box warning from the FDA regarding the increased risk of suicidal thoughts and behaviors in patients younger than 25 in 2004.  In 2006, Lexapro was given a grade C by the Food and Drug Administration for its level of safety when used during pregnancy.  Even so, the benefits of the drug sometimes outweigh the risks for some expectant mothers, therefore its use continues to gain approval.   In June of 2013, Lexapro (Escitalopram – generic version) was added to the MedWatch Adverse Event Reporting program of the Food and Drug Administration.

Dangers to an unborn fetus, however, have led to birth defects including Persistent Pulmonary Hypertension of Newborns (PPHN), Cleft Palette and/or Cleft Lip, heart defects, neural tube defects, limb defects, spina bifida and cranial defects.  Lawsuits stemming from the use of Lexapro allege a lack of warning about the dangers of the medication.  In 2010, Forest Laboratories was ordered to pay more than $300 million for illegally marketing Lexapro, as well as two other drugs.  The lawsuits are filed in two multidistrict litigation lawsuits in federal court in Massachusetts and Missouri.  Other lawsuits have been filed separate from the federal mass tort litigation for both increased risks of suicide and birth defects occurring after taking the drug during pregnancy.

If you or a loved one have experienced adverse reactions after taking Lexapro or Escitalopram, contact an attorney knowledgeable in mass tort litigation for an evaluation of your case.

 

Can I Protect My Parents from Elder Abuse and Nursing Home Negligence?

As our parents begin to age, we are reminded of our responsibility to protect them.  Elderly persons are at risk for bullying, being taken advantage of financially through scams, falls, and even neglect by those to whom we entrust their care.  We see them become more physically frail, sometimes even suffering dementia or other mental deficiencies as a result of age.  They will often lose their memory, eyesight, hearing or just not be able to think as clearly as they once did.  How do we detect elder abuse?  We try to keep in touch with our parents in order to avoid physical abuse, mental abuse, sexual abuse, neglect, abandonment or financial exploitation.

We must even be wary of healthcare fraud and abuse.  Some of the ways elderly people can be taken advantage of are by healthcare professionals not providing heathcare, but charging for it, overcharging or double billing for medical care and services, overmedicating or undermedicating, Medicaid or Medicare fraud, or even recommending fraudulent remedies for illnesses or other medical conditions.

Nursing homes are a primary location for elder abuse or nursing home neglect.  Some of the warning signs you should watch for are:

  • Unexplained signs of injury such as bruises, welts, or scars, especially if they appear symmetrically on two side of the body
  • Broken bones, sprains, or dislocations
  • Report of drug overdose or apparent failure to take medication regularly (a prescription has more remaining than it should)
  • Broken eyeglasses or frames
  • Signs of being restrained, such as rope marks on wrists
  • Caregiver’s refusal to allow you to see the elder alone
  • Bruises around breasts or genitals
  • Unexplained venereal disease or genital infections
  • Unexplained vaginal or anal bleeding
  • Torn, stained, or bloody underclothing

Classic examples of nursing home negligence include falls, medication errors and chronic bedsores.  If you suspect a loved one has been subjected to elder abuse or nursing home negligence, contact an attorney experienced in nursing home negligence.

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