Case Results, Verdicts & Settlements

Our firm represented a client who suffered a devastating traumatic brain injury (TBI) along with other life-altering injuries. The accident occurred while she was walking from a designated staff parking lot into her workplace and was struck by an inattentive driver.

While the driver was 100% at fault, the fact that the accident happened during her commute into work triggered a Nebraska workers’ compensation claim in addition to the third-party negligence claim involving the at-fault driver.

Securing a full recovery for our client required a multi-front legal strategy to tap into every available insurance source:

• Driver’s Liability Insurance: Secured the full policy limits from the at-fault driver’s carrier
• Underinsured Motorist (UIM) Coverage: Obtained additional policy limit settlements to bridge the gap in coverage
• Permanent Total Disability (PTD): Negotiated a significant settlement from the workers’ compensation carrier for our client’s permanent disability

In addition to there being multiple claims and causes of action, this settlement was particularly challenging due to subrogation. Under Nebraska law, workers’ compensation carriers often have a right to be paid back from the personal injury settlement.

Attorney Sean Conway engaged in extensive negotiations regarding subrogation amounts for medical and indemnity benefits already paid to the client. This meticulous coordination, combined with a lengthy approval process through the Nebraska Workers’ Compensation Court, ensured the client walked away with the maximum possible net recovery.

Key Takeaway: When a car accident happens “on the clock” or on work property, it often creates a “third-party claim” that overlaps with workers’ comp. Understanding the various claims and knowing how to negotiate subrogation and PTD benefits is extremely important in order to maximize a client’s recovery and make sure a significant portion of the recovery is not lost to insurance companies.