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FAQ Index

1. Do I Even Have a Case?
2. How Long Do I Have to File a Personal Injury Claim?
3. What Is My Case Worth?
4. Will I Have to Go To Trial?
5. What Questions Will Be Asked in a Deposition?
6. Should I Accept the Insurance Company’s Settlement?
7. What Should I Bring With Me for My First Lawyer Meeting?

When you’re dealing with the aftermath of an accident or injury, it’s natural to have questions. Below, we answer some of the most common personal injury FAQs to help you feel more informed and prepared—whether you’re just beginning your case or you’re ready to consult a lawyer like the experienced personal injury attorneys at Chandler Conway.

Explore our Personal Injury service insights.

 

Do I Even Have a Case?

You might have a case if you were injured due to someone else’s negligence, recklessness, or intentional actions. Personal injury claims often arise from car accidents, trucking accidents, slip and falls, construction accidents, or workplace injuries.

Look for:

• Clear evidence of fault, negligence or liability
• Physical injury or resulting death
• Medical records and documented damages
• Financial damages
• Ongoing impact on daily life

Understanding whether you have a viable claim is crucial before investing time and effort into legal proceedings. A personal injury lawyer can help assess your case quickly.

Contact Chandler|Conway today for a Free Case Evaluation.

Nebraska follows a comparative fault rule, which could reduce your compensation if you were partially at fault.  See Nebraska Revised Statute §25-21,185.09 and our previous article, Comparative Negligence: Can You Still Get Compensation if You Were Partially at Fault?

How Long Do I Have to File a Personal Injury Claim?

In Nebraska, the statute of limitations for most personal injury claims is four years from the date of the injury. That means you generally have up to four years to either settle your claim or file a formal lawsuit in court. However, there are exceptions—such as in cases involving professional malpractice, government entities, or wrongful death claims, which may have shorter deadlines.

Failing to file within the legal time frame can result in your claim being permanently barred, regardless of how strong your case might be. That’s why it’s important to consult with an attorney as soon as possible—even if you’re still recovering or unsure about your next steps. At Chandler|Conway, we can help you understand the specific deadlines that apply to your situation and take immediate steps to preserve your claim.

Read our guide on determining How Long You Have to Have to File a Personal Injury Claim.

Personal injury claim deadlines for most accident injury claims are set by Nebraska Revised Statute § 25-207.

The time period for pursuing personal injury claims involving those under the age of twenty, having a mental disorder, or imprisoned are often tolled by Nebraska Revised Statute § 25-213.

 

What Is My Case Worth?

The value of your case depends on many factors, including the severity of your injuries, lost wages, medical costs, pain and suffering, and long-term impact. There’s no fixed number, and a thorough case valuation cannot be performed without a detailed case review.

Factors that impact claim value include items such as:

• Medical expenses (past and future)
• Lost wages and loss of earning capacity
• Physical pain and emotional suffering
• Inconvenience
• Property damage
• Liability and insurance coverage

Knowing your case’s potential worth helps set expectations and guide decisions like settlement offers and whether or not to file a lawsuit. Read our guide to Calculate the Value of Your Personal Injury Claim.

Nebraska does not cap personal injury damages unless related to medical malpractice or claims against the government.

 

Will I Have to Go to Trial?

Most personal injury cases do not go to trial. In fact, studies show that more than 90% of personal injury claims are settled out of court through negotiation, mediation, or arbitration. However, if the insurance company denies liability, offers an unfair settlement, or disputes the extent of your injuries, your case may need to go to trial to secure fair compensation.

• You may avoid trial if:
  • The liable party accepts fault and offers a reasonable settlement
  • Your attorney successfully negotiates with the insurance company
  • Alternative dispute resolution (like mediation) resolves the case

• You may need to go to trial if:
  • The other party disputes who is at fault
  • There is a major disagreement about the value of your damages
  • The insurer uses delay tactics or acts in bad faith

While trial can be more time-consuming and emotionally taxing, it’s sometimes the best way to obtain full and fair compensation for your injuries. That’s why it’s crucial to choose an experienced Chandler Conway personal injury attorney. Even if you do not want to go to trial, trial is your best leverage in settlement negotiations.  It’s important to have an attorney who has experience in trying injury cases and is prepared to go to trial when necessary in order to receive the best possible outcome.  Our legal team prepares every case as if it will go to trial, which strengthens your negotiating position from day one.

Read our article: Do I Need a Personal Injury Lawyer?

 

What Questions Will Be Asked in a Deposition?

A deposition is a formal interview conducted under oath during the discovery phase of a personal injury lawsuit, which allows both sides to gather information before trial. In a deposition, the party or witness being deposed provides sworn testimony outside of the courtroom. While it may sound intimidating, depositions are a standard part of the legal process—and being prepared helps ease anxiety and protect your claim.

What questions an injured party might be asked during their deposition is highly dependent on the issues in the case, but you will often be asked questions within the following categories:

Personal Background

Attorneys may begin with basic background information to understand who you are, where you are from, and what ties you have to the community in which the case is filed. Examples include:

• What is your full name and address?
• What is your educational and employment history?
• Are you married?
• Do you have children?
• Have you had an previous injury claims or lawsuits?

Why it matters: These questions help establish your credibility and create a personal profile that may be used during settlement negotiations or trial.

Medical History (Before/After Injury)

You’ll be asked about your health before the accident, your current injuries, treatments, and medical progress. Examples often include:

• Have you ever had similar injuries before?
• What medical providers have you seen for this injury?
• What medical providers have you seen prior to the accident?
• How has the injury affected your daily life?

Why it matters: The defense is looking to determine whether your injury was truly caused by the accident or if it was a pre-existing condition, as well as the nature and extent of your damages. Full, consistent answers are key, and it’s important to be prepared to discuss not only your current injuries, but any injuries and treatment you may have had before the accident occurred.

The Incident Itself

This section focuses on how the accident occurred, who was involved, and what happened immediately afterward. Examples include:

• Can you describe what happened before, during, and after the accident?
• Were there any witnesses?
• Did you speak to anyone at the scene?
• If the claim involved a motor vehicle accident – Where were you going?  Where were you coming from?  Were you on your phone or under the influence of any alcohol or drugs?

Why it matters: This category of questioning is especially important when there is dispute over either liability or causation of injuries. The goal is to clarify the timeline and determine liability. Inconsistencies or unclear recollections could be used against you later.

A big reason insurance companies and opposing counsel will take the deposition of the injured party is to see what type of witness they will make at trial.

 

Should I Accept the Insurance Company’s Settlement?

It might be tempting to accept the first settlement offer from an insurance company—especially when medical bills and lost wages are piling up. But insurance companies often offer far less than your case is worth in early negotiations, hoping you’ll accept before speaking to a lawyer.

The biggest risk is that once you accept a settlement, you can’t go back and ask for more—even if new symptoms arise or future medical treatment becomes necessary. Many victims unknowingly sign away their rights to full compensation by agreeing to a quick payout that doesn’t reflect long-term costs. Always have an attorney review the offer before signing anything.

At Chandler|Conway, we negotiate directly with insurers to ensure you receive a settlement that reflects the full extent of your injuries, lost income, and future needs.

Read more in our Guide to Motor Vehicle Injury Settlements.

 

What Should I Bring With Me for My First Lawyer Meeting?

To make the most of your initial consultation, bring any documentation related to your injury and the incident. This may include medical records, police reports, photos of the accident scene, witness contact information, insurance communications, and any written notes about your recovery or expenses.

Helpful documents include things such as:

• Medical bills and diagnoses
• Witness names or contact info
• Insurance policy documents
• Photographs
• Insurance cards (health and auto)

These materials can help your attorney assess the strength of your case and provide immediate, actionable guidance. Don’t worry if you don’t have everything—Chandler|Conway will help gather any necessary missing records and build a complete case file. What matters most is starting the conversation so you are aware of your options, and your rights are protected from the outset.

 

Why Choose Chandler|Conway for Your Personal Injury Claim?

Chandler|Conway is a trusted Nebraska law firm dedicated exclusively to representing plaintiffs in personal injury cases. We know local laws, courts, and insurers—and we fight aggressively for the compensation our clients deserve.

• Experience in Personal Injury Law: Our legal team has extensive experience navigating complex personal injury claims, including those involving minors.
• Client-Focused Approach: We work closely with parents and guardians to provide personalized legal guidance tailored to their unique situation.
• Proven Track Record: Chandler|Conway has a history of securing favorable outcomes for families, ensuring financial security for injured minors.
• No Upfront Costs: We operate on a contingency basis, meaning you don’t pay unless we win your case.

Whether you’re unsure if you have a case or ready to take legal action, our compassionate team makes the process approachable and effective. We don’t just handle injury claims—we ensure your rights are protected so you can focus on healing.

Contact us today for a free evaluation and see why the personal injury attorneys at Chandler Conway are trusted across Omaha and beyond.