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Index

1. Understanding the Insurance Claim Process in Nebraska
2. Common Tactics Used by Insurance Companies
3. Tips for Maximizing Your Settlement
4. Statute of Limitations in Nebraska
5. Why Choose Chandler Conway for Your Personal Injury Claim
6. Next Steps

When you’re injured due to someone else’s negligence, dealing with insurance companies can be daunting. In Nebraska, understanding how insurers operate and knowing your rights is crucial to securing the compensation you deserve. Here’s what you need to know about navigating personal injury claims and how a seasoned attorney like Chandler | Conway can assist you.

Understanding the Insurance Claim Process in Nebraska

When you file a personal injury claim in Omaha, or anywhere in Nebraska, you are often dealing with multiple insurance claims. There can be more than one liability claim if there is more than person/entity who is responsible for your injuries; medical payment coverage claims involving your own auto insurance; underinsured motorist claims; health plan subrogation claims, etc. With that said, in the main (bodily injury liability) claims you’re often dealing directly with the insurance company, or companies, that represent the at-fault party or parties. These companies operate under strict protocols designed to protect their bottom line—not your best interest. Understanding how the claims process works is the first step to protecting yourself.

In Nebraska, the personal injury claim process with the at-fault insurance company typically involves:

1. Filing a Claim: After an accident, you or your attorney will file a claim with the at-fault party’s insurance company.
2. Investigation: The insurer will investigate the incident, which may include reviewing medical records, accident reports, and witness statements.
3. Evaluation: The insurance adjuster assesses the claim’s value, considering medical expenses, lost wages, and other damages.
4. Settlement Offer: The insurer may offer a settlement, which can be negotiated.
5. Resolution: If a fair settlement isn’t reached, the case may proceed to litigation, meaning a formal lawsuit is filed within the prescribed time limitation period.

If you’re navigating this process alone, it’s easy to feel overwhelmed. The insurance company may initially act friendly, but they’re trained to limit payouts. In addition, there can be other issues, such as reimbursement to health insurance providers that makes things even more complicated. See What is subrogation, and why is my health insurance company getting money from my injury settlement? That’s why understanding these stages—and knowing what to watch out for—is critical to protecting your rights.

It’s important to note that Nebraska follows a modified comparative negligence rule. If you’re found to be more than 50% at fault for the accident, you cannot recover damages. If you’re 50% or less at fault, your compensation is reduced by your percentage of fault.

Explore our Personal Injury Services for details on how we can help you.

Common Tactics Used by Insurance Companies

Insurance adjusters are trained negotiators. Their goal isn’t fairness—it’s cost control. Whether you’re dealing with an auto accident, slip and fall, or work-related injury, insurers use well-honed strategies to reduce what they pay out.

Some of the most common tactics used by insurers include:

• Delaying claim responses: Hoping you’ll give up or accept less.
• Requesting unnecessary documentation: To bog down your case or find inconsistencies.
• Disputing liability or fault: Especially if no police report was filed.
• Low initial offers: Designed to get you to settle before full treatment costs are known or create a low mental anchor as the value of your claim.
• Surveillance and social media monitoring: Looking for evidence, often taken out of context, to reduce your claim’s value.
• Pressuring unrepresented victims: Taking advantage of those without legal counsel, including often setting false deadlines or threatening to “close” a file.

These tactics can be incredibly frustrating—and costly. That’s why working with a skilled personal injury lawyer like Chandler Conway in Omaha ensures you’re not tricked into settling for far less than your claim is worth.

Tips for Maximizing Your Settlement

Getting the settlement you deserve requires both preparation and protection. You have to document your injuries and losses thoroughly, avoid common pitfalls, and ensure you don’t waive important rights. While there are statutes that limit the time period in which you have to bring a claim, when possible, you want to know the full extent of your damages before agreeing to any settlement. In other words, you don’t want to resolve your claim until you are either healed or, if you are not fully healed from your injuries, you have progressed through treatment to the point where the extent of your injuries is fully known.

Here are practical steps you can take to improve your claim outcome:

• Seek medical attention immediately: Delays in treatment weaken your claim.
• Follow your doctor’s instructions: The ultimate goal to get better, and skipping appointments can also be used against you.
• Document everything: Medical bills, lost wages, and any out-of-pocket expenses.
• Avoid giving recorded statements without legal guidance: These can be twisted or misinterpreted and/or utilized against you in a future lawsuit.
• Don’t accept the first offer: It’s almost always lower than what your claim is worth.
• Hire a local personal injury attorney: Someone who understands Nebraska law and how insurance adjusters operate.

By proactively managing your case and working with a lawyer who understands how insurance companies operate, you significantly improve your odds of securing a fair settlement.

Statute of Limitations in Nebraska

Personal injury claims are subject to legal deadlines. In Nebraska, the statute of limitations for most personal injury claims is four years from the date of the injury, under Neb. Rev. Stat. § 25-207. However, there are exceptions such as claims for wrongful death, claims of medical malpractice, claims involving the government or a political subdivision, and claims involving minors.

Here’s what you need to know about Nebraska’s injury claim deadlines:

• Standard personal injury claims: Must be filed within 4 years.
• Wrongful death claims: Must be filed within 2 years of the death.
• Medical malpractice: Must be filed within 2 years of the malpractice (in some situations there is additional time given if the malpractice could not have been discovered)
• Claims against government entities: Must be filed within 2 years and often require a formal statutory notice within 1 year.

Missing a deadline can completely destroy your ability to recover compensation. That’s why it’s critical to contact an experienced Omaha personal injury lawyer like Chandler Conway as soon as possible after an accident.

Why Choose Chandler|Conway for Your Personal Injury Claim

Not all attorneys understand the nuances of local insurance practices, judges, or juries. Chandler Conway focuses exclusively on personal injury law in Nebraska, with deep roots in Omaha’s legal community. This gives clients a major advantage—especially in complex claims that involve high-value damages or contested liability.

Here’s why clients in Nebraska trust Chandler Conway:

• Local litigation experience: We know how Douglas County and Nebraska courts operate, and our attorneys have significant trial experience.
• Reputation with insurers: We aren’t afraid to take a case to trial—and insurers know it.
• Proven track record: Results in car accidents, truck injuries, premises liability, and more.
• Personalized approach: You work directly with your attorney—while our support staff is great and heavily involved in our cases, your attorney is the point person, and you will mostly be in direct contact with the attorney handling your claim.
• Transparent communication: We guide you through every stage of your claim. We want you to know as much as you would like to as to how your case is being prosecuted, and the ultimate decision of whether to settle your case or proceed to trial is yours.

If you’ve been injured in Omaha or anywhere in Nebraska, we’re here to protect your rights and maximize your compensation—whether through settlement or trial.

Next Steps

Navigating a personal injury claim after an accident is stressful—especially when insurance companies seem more interested in saving money than supporting your recovery. But you don’t have to face them alone. With Chandler Conway on your side, you can focus on healing while we focus on fighting for the full settlement you deserve.

If you or someone you love has been injured in Nebraska, especially in the Omaha area, reach out today for a free consultation. We’ll review your case, answer your questions, and explain your legal options in plain English.

Ready to Talk to a Personal Injury Attorney?

Call (402) 933-6858 or schedule your free consultation today. Schedule Your Free Consultation today!