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 financial compensation for harm suffered due to someone else’s negligence or intentional wrongdoing. Common examples include car accidents, slip and fall incidents, construction site injuries, dog bites, and motorcycle crashes. The ultimate goal of a personal injury claim is to recover monetary damages for the physical, emotional, and financial impact the injury has had on your life.
At Chandler Conway, our Omaha personal injury attorneys help individuals across Nebraska navigate the injury claims process and fight for the full compensation they deserve.
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 across Omaha and Nebraska. As trusted Nebraska personal injury lawyers, we are experienced in every aspect of the claims process—including subrogation—and are fully prepared to present your case in court if needed.
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. Our team understands how local laws and insurance practices in Nebraska affect case value.
- Legal Advice and Guidance
As your Omaha personal injury lawyer, 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 Chandler Conway 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), and analyzing applicable Nebraska laws and precedents.
- Filing Claims and Lawsuits
Our attorneys will handle all aspects of filing your personal injury claim or lawsuit, ensuring all documentation is accurate and submitted within all applicable deadlines under Nebraska personal injury law. This includes drafting legal documents, filing complaints, and serving notices on the proper defendants—allowing you to focus on recovery while we manage the legal details.
- Negotiation
A significant part of a Chandler Conway personal injury attorney’s job is understanding how to properly value your injury claim and negotiating with insurance companies or opposing counsel. Our goal is to obtain full compensation for damages you’ve suffered—medical expenses, lost wages, loss of earning capacity, physical pain, emotional distress, and more.
- Representation in Court
If a settlement cannot be reached, the attorneys at Chandler Conway will represent you in court. Each of our Omaha accident attorneys has significant trial experience. We will present compelling evidence, question witnesses, and advocate on your behalf before a judge or jury to pursue the outcome you deserve.
When Do You Need a Personal Injury Attorney?
You should consider hiring a personal injury lawyer in Omaha if:
- You have suffered significant injuries—especially if there are broken bones, surgical intervention, permanent disfigurement, or a wrongful 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 a Chandler Conway personal injury attorney to ensure you’re fully informed of your rights and available options. For more insight, 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.
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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
What types of personal injury cases do you handle?
We handle a wide range of personal injury cases, including auto accidents, slip and falls, workplace injuries, and wrongful death claims.
Do I need a personal injury attorney?
Whether you need an attorney after being injured in a car accident depends on a number of factors, including the severity of your injuries, the complexity of your case, whether there is dispute as to liability, and whether the insurance company is willing to offer you a fair settlement. It never hurts to at least speak with a local injury attorney to have your questions answered and find out what options you have.
Some general guidelines to help you decide whether you need to retain a personal injury attorney:
- Your injuries are severe. If you have suffered serious injuries, such as a broken bone, spinal cord injury, any injury resulting in surgery (or the possibility of future surgical intervention), or traumatic brain injury, you should definitely hire a personal injury attorney. These types of injuries typically involve some level of permanency and can result in significant medical expenses, lost wages, and other financial damages. An experienced injury attorney can help make sure you are fully compensated.
- Your case is complex. If your case involves multiple parties, disputed liability, multiple insurance coverages, insufficient insurance coverage, or complex legal issues, you should hire an attorney. An experienced personal injury attorney can help you navigate both the claims process and the legal system, as well as make certain you are aware of your rights and that those rights are protected.
- The insurance company is not offering you a fair settlement. While it’s better to consult with an attorney before attempting to negotiate your claim, if you’ve already entered into discussions with the insurance company and the carrier is offering you a lowball settlement or refusing to negotiate at all, you should speak with a local injury attorney.
Even if at first you think your injuries are minor and your case seems straightforward, you may still want to consider consulting an attorney to make sure you are aware of all options, as well as any potential pitfalls. Often injuries end up being more significant than originally thought. Insurance companies are notoriously difficult to deal with, and they often try to settle claims immediately after a crash before the injured party is aware of the full nature and extent of their injuries. An attorney can help you level the playing field and get the settlement you deserve.
Can I still file a claim if I was partially at fault for the accident?
Yes. In Nebraska in order to be successful on a personal injury or wrongful death claim, the party bringing the claim (the plaintiff) must prove the other party (defendant) was more than 50% at fault for the crash. See Neb. Rev. Stat. §25-21,185.09. Thus, if you bear some responsibility for the crash, you can still file an injury claim, but your recovery will be reduced by your attributed percentage of fault.
What if the driver who caused the car accident does not have auto insurance?
Fortunately, most car insurance, and every auto insurance policy issued in Nebraska, contains both uninsured and underinsured motorist coverage. If you have been injured in a car crash and the person who caused the crash did not have insurance, speak with your accident injury attorney about what options you might have under your own auto insurance.
Do you offer free consultations?
Yes, we provide free initial consultations to discuss your case and explore your legal options.