Chris and James Welsh of Welsh & Welsh
Proudly fighting for the Omaha community for over 65 years.

What Nebraska Law Changes Should We See in 2019?

Published on Jan 31, 2019 at 8:42 am in Legal Information.

With every new year comes new laws. If you reside in Nebraska, these changes may impact your life in some way. It’s important to remain aware of changes and how they affect you, so you can not only make sure you are abiding by the law, but also make sure you are receiving any benefits or services you are entitled to.

Worker’s compensation benefits will increase.

Annual benefits are set to rise in Nebraska. The maximum rate for disability benefits will increase from $831 to $855. Mileage reimbursements for medical visits and vocational rehabilitation are also set to increase from $0.545 per mile to $0.58. These annual increases ensure that compensation to those eligible remains adequate from practical and constitutional perspectives.

There are a number of other changes happening regarding workers’ compensation. Those changes include the following:

  • Individuals can formally file pleadings by 11:59:59 pm, instead of waiting for formal business hours to get a document stamped. Appeals can also be filed electronically now.
  • More detailed information about third-party cases must be provided to the court in settlements that require court approval.
  • Doctors are now allowed to refer patients to physician-owned specialty hospitals. These hospitals are often able to perform procedures at a lower cost; however, the law prohibits these facilities from taking Medicare and Medicaid.

Uber Changes Sexual Violence Arbitration Clause

Published on May 23, 2018 at 2:16 pm in Legal Information.

In response to several recent lawsuits targeting Uber, the rideshare company has decided to change its terms of service. Previously, Uber required all riders to agree to a clause that forced them to agree to resolve any claims involving sexual harassment, abuse, or assault through private arbitration. This ensured that the claims weren’t made public by way of a civil trial. By way of doing this, Uber was able to keep most sexual violence claims under tight wraps.

Until now, that is. After several lawsuits started making waves regarding this forced arbitration clause, CNN decided to launch an investigation that attempted to put numbers to the accounts of sexual misconduct that happened at the hands of Uber drivers or other employees. The investigation found that at least 103 U.S. Uber drivers have been accused of sexually assaulting, harassing, or abusing passengers within the past four years. At least 31 drivers were convicted of crimes, and dozens of cases are currently pending.

How Much Alcohol Can I Legally Consume Before Driving?

Published on May 8, 2018 at 12:13 pm in Legal Information.

Everyone knows that drinking and driving is illegal, but some may not know what the legal limit is. While your tolerance depends on your size, weight, there is one legal limit for everyone. If your Blood Alcohol Concentration (BAC) is over .08 percent, you’re driving while intoxicated. Alcohol severely impairs your ability to drive.

Unfortunately, this doesn’t stop people from getting behind the wheel after they’ve had a few drinks. Drunk drivers often cause car accidents that result in accident injuries and sometimes fatalities. If you’ve been injured in a car accident, an Omaha car accident lawyer from Welsh & Welsh can help you get compensation for your injuries.

How Is Liability Determined in a Car Accident Case?

Published on Apr 24, 2018 at 2:15 pm in Legal Information.

Car accidents can occur whenever a driver acts negligently. Accidents can cause bodily injuries and property damage. The stress of handling a car accident claim can be overwhelming for many people because they want the matter to be settled and they’re not experts on the law. But settling early for convenience could mean they’re not getting full compensation for their medical expenses, lost wages, and pain and suffering.

If you’ve been injured in a car accident, you deserve to have legal representation who will fight to get you everything you’re owed. An Omaha car accident injury lawyer from Welsh & Welsh can help you with your claim and will do everything they can to get you a favorable settlement so you can focus fully on your recovery.

Important 2018 Nebraska Law Changes You Need to Know

Published on Jan 23, 2018 at 12:38 pm in Legal Information.

As we head into the new year, it’s important to stay on top of what changes Nebraska laws may bring. 2018 is bringing a lot of changes to the law, and continuing battles for certain bills are still ongoing. You might hear more about those bills as the year progresses.

It’s important to know your rights so you know when someone acts against the law. Sometimes, someone else infringes on your rights. You’re allowed to seek legal action to protect your rights. In times like that, you need an Omaha personal injury lawyer by your side. Welsh & Welsh has been providing excellent legal services to the citizens of Nebraska for over 65 years. We’re ready to fight for your rights and make sure your voice is heard.

AAJ Publishes ‘Worst Corporate Conduct of 2017’ Study

Published on Dec 21, 2017 at 2:47 pm in Legal Information.

When Americans first heard the news about the 2017 Equifax scandal, the Takata airbags cover-up, the deeds that Wells Fargo was taking part in, and the recent sexual harassment allegations that are currently sweeping through the news and entertainment industries, most were shocked, angry, and just a little bit confused. How and why were corporations allowed to take advantage of employees and/or customers or look in the opposite direction from employee misconduct when it was allowed to happen?

2017 was an unparalleled year for corporation misconduct. Multiple corporations made news headlines for wrongful activities or actions they took part in– at a level we’ve never seen before.

The Dangers of the H.R. 1215 Anti-Accountability Bill

Published on Jul 20, 2017 at 11:30 am in Legal Information.

Steve King, Iowa Congressman, has been pushing a new medical malpractice bill in the state of Iowa that would place significant caps on the damages victims of medical errors can potentially receive after filing a medical malpractice claim against doctors or medical institutions in our state. This bill, H.R. 121 (often referred to as the anti-accountability bill), aims to limit the rights of U.S. citizens by taking away the right to obtain a fair settlement amount through trial by jury.

H.R. 1215 passed last month in the U.S. House of Representatives by a few votes, but every Democrat and several Republicans voted against it.  Rep. King has tried to claim that the bill would encourage more doctors to practice in Iowa since it would lower the costs of practice insurance. This claim is misleading, however, since statistics point to the fact that Iowa doctors already pay some of the lowest insurance rates in the nation for medical liability.

What Can Be Done About Sexual Violence in Schools?

Published on May 17, 2017 at 12:00 pm in Legal Information.

At Welsh & Welsh, we work hard to protect victims of accidents who feel powerless or overcome by circumstances they did not cause. In addition to helping victims of personal injury accidents, we’re also advocators of groups that make it their mission to educate the public about legal rights. Among these integral rights is Title IX, a federal law which protects students from being discriminated against in schools based on gender. As part of this law, institutions of higher education are required to “take immediate and effective steps to end sexual harassment and sexual violence.”

Title IX is essential to our nation’s colleges and universities, but it also plays a role in K-12 schools around the nation. Unfortunately, elementary and middle/high schools are not governed by the same requirement that governs colleges and universities regarding sexual harassment and sexual violence policies. In an educational series published by the Public Justice organization and the Associated Press, you can read just one example case of a Maine student who was sexually abused by other students and did not receive the necessary protection from his school officials.

What Makes Personal Injury Cases So Complex?

Published on Apr 19, 2017 at 12:19 pm in Legal Information.

One of the things you’ll hear most often from personal injury lawyers is that personal injury cases are innately complex. Medical malpractice claims, product liability claims, premises liability claims, and nursing home abuse claims tend to be among the most complicated. But why is that, exactly? Why are these types of claims so complex?

The answer to that question is also complex. Firstly, it’s important to understand that there is rarely any type of personal injury that’s defined as “cookie cutter” so to speak. Personal injury cases are generally rare instances. If they weren’t, they wouldn’t be civil cases. Civil claims—which include personal injury claims—are matters which occur rarely and can ideally be prevented with best practice measures.