Sean Conway
Eric Chandler
Marcus Sladek 
Natalie Andrews
Cory J. Rooney
Personal injury claims include all damages suffered as the result of a physical injury inflicted on one’s body through the fault of another person or entity.
An injury claim is the legal process through which an individual seeks compensation for his or her injuries sustained due to another party’s negligence or intentional actions. Personal injury claims can arise from various situations, including car accidents, slip and fall incidents, workplace injuries, dog bites, and more. The primary goal of a personal injury claim is to obtain financial compensation for the injured party’s losses, which can include compensation for past medical expenses, future medical expenses, lost wages, physical pain, mental suffering, inconvenience and other damages.
While there are many types of accident injury claims, the attorneys at Chandler Conway focus on representing clients who have suffered injuries as the result of a car accident, truck accident, motorcycle accident, or construction accident.
Many people are also injured at work. Work injuries often include a personal injury claim in addition to a workers’ compensation claim. Our attorneys can explain the difference between a third-party injury claim versus a workers’ compensation claim, as well as the potential interplay between the two when both types of claims are involved. If you would like to read more on workers’ compensation claims, please visit our workers’ compensation page.
Who is a Personal Injury Attorney?
A personal injury attorney is an attorney who specializes in representing individuals who have been injured, or families of those who have been killed, because of the negligence or wrongdoing of another person, company, government agency, or entity. The attorneys at Chandler Conway have extensive knowledge of tort law and are dedicated to advocating for the rights of injured parties. Our attorneys are knowledgeable in all aspects of the claims process, including subrogation, and have the ability to present your case in court should it be necessary.
Roles and Responsibilities of a Personal Injury Attorney
- Case Evaluation
The personal injury attorneys at Chandler Conway will begin by evaluating your case to determine its validity and potential for success. This involves reviewing the facts of the incident, assessing the extent of your injuries, identifying liable parties, and estimating potential damages.
- Legal Advice and Guidance
We will provide valuable legal advice tailored to your specific situation to ensure you understand your rights, the legal process, and the best course of action.
- Investigation
Our personal injury attorneys conduct thorough investigations to build a strong case. Investigation includes gathering evidence (e.g., medical records, accident reports, witness statements), consulting with experts (e.g., medical professionals, accident reconstructionists, etc.), and analyzing applicable laws and precedents.
- Filing Claims and Lawsuits
Our attorneys will handle all aspects of filing your personal injury claim or lawsuit, making certain that all paperwork is accurate and submitted within any relevant legal deadlines. We will handle all aspects of your claim and, when necessary, your lawsuit. Among other things, this includes drafting legal documents, filing complaints, and serving notices on all defendants.
- Negotiation
A significant part of a personal injury attorney’s job is understanding how to value your injury claim and negotiating with insurance companies and opposing counsel to reach a fair settlement. Our goal is to secure compensation for all of the damages you have suffered, including: medical expenses, lost wages, loss of future earning capacity, physical pain, mental suffering, inconvenience, and any other damages suffered as a result of your injuries.
- Representation in Court
If a settlement cannot be reached, the attorneys at Chandler Conway will represent you in court. All of our attorneys have significant courtroom experience. We will present evidence in court, question witnesses, and make the necessary legal arguments to best advocate for your interests whether it be in front of a judge or jury.
When Do You Need a Personal Injury Attorney?
You should consider hiring a personal injury attorney if:
- You have suffered significant injuries, especially if you have suffered broken bones, disfigurement or significant scarring, underwent surgical intervention, or there is a death involved;
- Liability is disputed; and/or
- The case involves complex legal or medical issues
The bottom line is that it never hurts to speak with an attorney to make certain you are aware of all of your rights and all available options. For more information on whether you should retain a personal injury attorney, visit our article, Do I Need a Personal Injury Lawyer?
What Compensation Am I Entitled To?
What compensation you can expect to receive in a personal injury claim depends on the losses you have suffered and can include:
- Medical Expenses: Costs for medical treatment, rehabilitation, and future medical care
- Lost Wages: Compensation for time missed from work due to your injuries
- Loss of Earning Capacity: Compensation for money that could have been made but cannot because your injuries either prevent you from working in the same role or lessen your ability to perform within that role
- Pain and Suffering: Monetary compensation for physical pain and emotional distress caused by the injury
- Inconvenience: Compensation for the inconvenience resulting from your injuries and treatment
- Loss of Consortium: Compensation for the impact of your injuries on your relationship with your spouse or family
How Long Will It Take to Settle My Personal Injury Claim?
How long it will take to resolve your injury claim depends on a number of factors including the nature and extent of your injuries, as well as the resources and insurance available to provide compensation. For more information on the timing of your personal injury claim visit our past article, Three Questions to Ask Before You Settle Your Accident Injury Claim.
In addition, there are limitations on when various injury claims can be brought. These limitations include both relevant statute of limitation periods and statutory notice periods. For more information how long you have to pursue your injury claim visit our past article, How Long Do I Have to File My Personal Injury Claim?
Conclusion
Understanding personal injury claims is essential for protecting your rights and securing the compensation you deserve after you have been injured in an accident. If you believe you have a valid personal injury claim, contact the attorneys at Chandler Conway to explore your options and take the first step toward obtaining recovery.
Get your free case evaluation
Hiring a lawyer is a big decision. Contact our office to have your questions answered and your options explained without any cost or obligation.
Car Accidents
Injuries or death sustained during the collision or interaction with one or more automobiles, from cars to personal trucks.
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Truck Accidents
Injuries or death sustained from an accident involving a semi-trailer, tractor-trailer, or commercial truck.
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Motorcycle Accidents
Injuries or death occurring while on a motorcycle. Motorcycle accidents often requiring extra front-end work in claims due to associated stigma.
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Bike Accidents
Injuries or death occurring while riding on a bicycle, including while sharing road space with automobiles.
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Auto/Pedestrian Accidents
Injuries or death sustained during the collision or interaction with a pedestrian and an automobile, including commercial trucks.
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Wrongful Death
Death occurring due to the negligence or misconduct of another individual or entity, in particular those stemming from automobile and construction site accidents.
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Dog Bites
Injuries sustained from the bite of a dog, regardless of whether the injuries were due to the negligence of the owner.
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Other Injuries
Injuries, including claims involving the head, spinal cord, neck, back, and joints, that may or may not be in conjunction with an automobile accident.
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Client Story
"He took care of me and my family more than I could have expected."
- Greg | Former Client
Can I be fired for filing a work comp claim?
The short answer is no. Nebraska is an “employment at will” state, meaning an employer, or an employee, can terminate the work relationship at any time without cause. With that said, firing an employee in Nebraska while they are actively receiving workers’ compensation is a violation of the law.
What is workers’ compensation? Am I suing my employer?
A very common misconception among injured workers is that you are suing your employer or place of work. The reality is almost every employer in Nebraska is required to have Workers’ Compensation Insurance for their workers. Just like insurance for your car, this is insurance that protects your employer in the case of a work-related injury. While most people are happy to find out they are not suing their employer, getting the money you deserve from a workers’ compensation insurance company is not always simple or straightforward.
What should I do after a work injury?
Report the Injury
It’s absolutely critical that you report the injury to your employer right away. Follow whatever internal procedures (typically an incident report) that your company has for when an injury occurs. Make sure that your manager or supervisor is aware of the report and keep a copy of the report for yourself.
Seek Medical Treatment
It is very important to seek medical treatment immediately — even if you think the injury is not that serious. It’s unfortunate, but many attorneys who work for insurance companies will twist any fact they can to delay, or devalue, your claim. Seeking medical treatment right away helps document the injury, shows the injury was critical, and evidences the employee has been doing everything they can to get medical treatment.
Follow All Medical Instructions, Attend Follow-Up Appointments
Not only is following your doctor’s orders the best thing for your physical recovery, it’s also important that you are not creating reasons for the insurance company to question the validity of your work injury claim.
Talk to a Workers’ Compensation Attorney
It’s typically very difficult to get all of the treatment and compensation you are entitled to without getting a work comp lawyer involved. A lawyer can advocate for you and handle the negotiations with the work comp insurance company. Your attorney can also arrange an independent medical evaluation if you are having trouble with the doctor that was assigned to you.
Who is responsible for my hospital bills?
With very few exceptions, the workers’ compensation insurance should cover all required medical costs related to your accident, including your hospital stay. If you are concerned about your medical bills getting paid or you are having problems with the work comp carrier, it’s a good idea to speak with a local work comp attorney.