Car Accident Lawyers in Omaha
Motor vehicle accidents are a leading cause of injuries and deaths in Omaha, Nebraska, especially when alcohol, drugs, speed, and fatigue are involved.
If you’ve been in a severe crash in Omaha, you may need a car accident lawyer to help you file a personal injury claim. Victims of car accidents caused by negligent drivers are entitled to financial compensation for their injuries and damages, including medical bills, loss of employment wages, pain and suffering costs, and more.
Taking legal action with the help of a car accident lawyer allows families to move on and find their peace of mind again. Holding drivers accountable will also make them twice before repeating the same mistakes upon paying for their careless acts.
Your car accident attorney will investigate the accident and help you estimate your damages. They will also walk you through the personal injury claim process and handle all communications with the at-fault party. We know how difficult and emotionally straining it is to go through legal procedures following an injurious car wreck. That’s why we are dedicated to helping you recover fair and equitable compensation.
Omaha car accident attorneys at Welsh & Welsh can help you seek compensation and provide you with the experienced and reliable legal representation you need.
Steps to Take After a Car Accident in Omaha
Understandably, people may be confused about what to do following a car accident. The most important thing to remember is that your and your family’s safety and health take priority. Therefore, you must always check yourself and others, then call 911.
After that, you should take the following steps:
Station the car where it won’t impede traffic:
You can place flashers, reflectors, or flares to warn oncoming vehicles and prevent injury during a car crash.
Exchange your insurance and contact information with the parties involved in the accident. You can also check if any witnesses are willing to give statements and take their contact. You can exchange the following information:
- Names, addresses, phone numbers
- Driving license numbers
- License plate numbers
- Car insurance information
- Vehicle models and year of making
You may want to avoid engaging in any conversation about the accident with the involved parties or witnesses.
Write down basic details:
It’s important to write down any useful information about the car accident, such as the date, time, location, and parties involved.
Report the accident:
At this stage, it’s probably too early to know the extent of damage caused by the accident. However, if you believe the accident resulted in at least $1,000 in property damage, you must report it to the Nebraska Department of Roads by filing form DR-41.
Talk to a lawyer:
You may need to hire a personal injury lawyer before embarking on the legal process of car accident claims. A skilled car accident attorney can help you establish fault, investigate the accident, estimate damages, and advise you on your options.
How to Determine Fault
Car accident victims have the right to recover compensation if another party’s negligence caused the accident.
Nebraska follows the modified comparative negligence approach. Therefore, your recoverable damages are determined based on your percentage of fault. If you are found at least partially at fault, your compensation will be proportionally reduced by your fault percentage.
Filing a Personal Injury Claim in Omaha
If you sustained serious injuries and damages in a car accident and are seeking compensation, you will have to file a claim with the insurance company of the negligent driver. Here’s how car accident claims work in Omaha, Nebraska:
- Notify the other driver’s insurance company and submit any evidence you have.
- The insurance company will appoint an adjuster to your case who will be responsible for investigating the accident, estimating damages, and negotiating a settlement.
- The adjuster may deny your claim or offer you a settlement based on the findings of their investigation. If you can’t reach a settlement, you can opt for litigation.
- If you choose to file a personal injury lawsuit, you must file a complaint with a civil court requesting compensation for your damages. As per the Nebraska personal injury statute of limitations, you need to file the lawsuit within four years from the accident date.
Throughout this process, you will need to negotiate with insurance companies, who are notorious for underpaying, and prepare several documents. However, you don’t need to go through this alone. You have the right to hire a personal injury attorney to handle the entire process for you.
Don’t Put Your Claim in Jeopardy
Your actions and words after the collision could jeopardize your claim and lower your chances for full compensation. That’s why you’ll also want to avoid these actions after the crash:
- Lose your temper: You may be angry after a fender bender, but shouting and blaming the other driver isn’t going to help you. It’s best to remain calm and get the information you need from the involved drivers and witnesses.
- Leave the scene: There may be a moment when you want to drive away from the scene, but this may be used to establish your guilt and fault. It’s better to wait for the police and report the incident to get it on record to help you with your case later.
- Post on social media: It’s common these days for people to post nearly everything on their social media profiles. Someone may post about their automobile wreck on social media, but this isn’t a good idea. The post content can be used against you as evidence that your injuries aren’t severe.
- Sign documents or make official statements: An insurance adjuster may contact you shortly after your accident. Do not give a recorded statement. In addition, you may be offered a settlement quickly after the accident, sometimes before you are able to calculate your damages. Don’t agree or sign anything until you’ve spoken with your lawyer.
It’s in your best interest to contact an attorney as soon as possible. Our Omaha car accident lawyers at Welsh & Welsh will ensure you don’t jeopardize settlement amounts.
Potential Compensation for a Car Accident Claim
Car accident victims can accrue many expenses and bills. Injuries sustained can severely affect their ability to live and work normally. Therefore, injury victims are entitled to recover the following damages:
- Property loss and damage
- Pain and suffering
- Present and future medical expenses
- Lost wages
- Permanent injury or disability
- Scarring and disfigurement
- Loss of career or earning capacity
- Loss of enjoyment of life or consortium
- Wrongful death expenses
If you sustain severe injuries that require a home care plan after a car accident, our attorneys at Welsh & Welsh can help.
Why You Need an Omaha Car Accident Attorney
As the victim of a car wreck, it’s essential to know your legal duties and rights. This is where an attorney becomes invaluable. Hiring a car accident attorney is vital if you were injured due to the other driver’s neglect or recklessness. A skilled car accident attorney is critical in negotiating a fair settlement.
Seeking compensation and taking legal action against negligent drivers is a complex process, as it also involves dealing with insurance companies and adjusters. These insurance companies usually try to deny your claim or offer a minimal payout. However, auto accident attorneys can stand up to the insurance company and make sure you aren’t taken advantage of.
An experienced auto accident attorney in Omaha can advise you on every step in the process and handle the technicalities of your case. Car accident attorneys are familiar with the tactics of adjustors and can level the playing field between you and the other party. They will investigate the accident, hire accident reconstructionists and experts, determine fault, and calculate your damages.
Working with an Omaha motor vehicle accident lawyer also means that you will be relieved from the stress of paperwork and court proceedings. They become your voice and handle all communications with the court and the other party. They can handle all the legal and administrative aspects of your case while you focus on your recovery.
Welsh & Welsh: Your Go-To Omaha Car Accident Attorney
Dealing with insurance companies while still recovering can be difficult without legal assistance. Car accident lawyers at Welsh & Welsh are committed to investigating car accident incidents.
With the help of a personal injury attorney, your family can recover compensation and find peace of mind again. Our legal team can assist in building your case and fight to get you a favorable outcome.
As a family law firm, we understand how car accident cases deeply affect families. That’s why we are dedicated to ensuring your and your family’s rights are protected. Schedule a free initial consultation with our Omaha car accident lawyer.
Is Nebraska a No-Fault State?
No, Nebraska follows an at-fault system for personal injury claims. This means that the at-fault person for the auto accident is responsible for compensating the other party’s injuries and damages.
What Is the Statute of Limitations for a Car Accident in Nebraska?
In Nebraska, the statute of limitations for car accident lawsuits is four years.