Q and A
What am I entitled to recover if I am injured?
If you are injured, you are entitled to recover money for your damages, which may include: doctor, physical therapy, prescription medication and chiropractic bills; reimbursement for missed time from work; pain; suffering; inconvenience; mileage to and from your medical appointments; temporary or permanent disability; scarring; disfigurement; and other kinds of damages.
Do I need a lawyer?
An expansive knowledge of tort law, contract law, evidence, and civil procedure, along with an understanding of jury verdicts and settlements are all necessary to properly evaluate, negotiate, settle, and if necessary, litigate your claim to a resolution. In addition to providing you with legal representation, the services of an attorney can help alleviate the stress associated with trying to handle your own claim. My goal is to ensure that you receive a fair settlement after my fee and all of your bills and expenses are paid.
Is hiring a lawyer expensive?
In personal injury cases, most attorneys, including myself, will handle your case on a contingency fee basis. This means you are not required to pay any money up front for my services. Instead, I get paid when your case is settled or, if there is a trial, when a verdict is reached. My fees are competitive and are based on a percentage of the recovery I obtain for you. This type of fee system allows everyone the opportunity to retain quality legal counsel regardless of their financial resources. For more information on the rates I charge, please call me.
How long will it take to resolve my case?
Your claim for damages will not be paid until you sign a liability Release. It is essential that you do not sign any type of Release until both you and your health care providers are convinced that your injuries have healed. Once that happens, the settlement process can take from several weeks to several months, occasionally longer if a lawsuit is necessary.
Will I have to go to court?
Very few cases end up going to trial. Most settle during negotiations. On the other hand, it may be necessary to file a lawsuit in order to convince the insurance company that you won’t settle for less than a fair amount. Even when fi ling a lawsuit is deemed appropriate, most cases settle before trial. An attorney will also evaluate whether arbitration or mediation are appropriate alternatives for resolving your claim.
What if the other driver did not get a ticket?
Don’t worry if the other driver did not get a ticket. This is not relevant to your claim against him/her. The issue is what the other driver did wrong, not whether he or she received a ticket.
What if the other driver has no insurance?
If it turns out that the other driver does not have insurance, don’t panic. As long as you have your own auto insurance, your uninsured motorist coverage will protect you. Uninsured motorist coverage contractually mandates that your own insurance company pay you the compensation you are entitled to recover from the liable driver if he or she does not have insurance. Using your own coverage will have no effect on the premium you pay and will not harm your relationship with your insurance company.
What if I had a preexisting medical condition?
Nebraska law protects accident victims who have preexisting medical conditions. The insurance company cannot discount the value of your claim if you have a preexisting medical condition that was not causing you any problem until after the accident occurred, or if your symptoms are worse because of a preexisting medical condition.