Laura Kuhl is a content editor, writer and social media manager with ten years of experience in the legal, finance, and insurance fields. She started her career as a movie review writer in Wilmington, NC, after earning her M.A. at the University of North Carolina at Wilmington. She is a featured legal and business writer on Free Advice and PotNetwork News.
Laura Kuhl
Laura Kuhl is a content editor, writer and social media manager with ten years of experience in the legal, finance, and insurance fields. She started her career as a movie review writer in Wilmington, NC, after earning her M.A. at the University of North Carolina at Wilmington. She is a featured legal and business writer on Free Advice and PotNetwork News.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Significant personal injury cases make headlines in Omaha, but many wins for injured victims happen behind the scenes. Personal injury settlements are the most common way these cases end, with all parties agreeing to a predetermined amount without going to trial.
You may wonder why you need a lawyer if you can settle with the insurance company on your own. However, getting the right personal injury attorney in Omaha to work on your case ensures you get the best settlement possible.
The attorneys on our list are recognized for their litigation skills when negotiating settlements and arguing your case in front of juries, and many are known for record-breaking wins and settlement amounts. Keep reading to compare the top 10 best personal injury lawyers in Omaha.
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Best Personal Injury Attorneys in Omaha, NE
Compare Top Personal Injury Attorneys
Filing a Personal Injury Lawsuit in Omaha, NE
Personal injury lawsuits have many moving parts. There may be hospitals, insurance companies, employers, witnesses and paper and digital evidence you have to gather if you want to pursue a claim.
You must also be aware of the city and state laws that limit when you can file a lawsuit and how much in damages you can collect. We’ve compiled a brief explanation of the most common personal injury laws in Omaha below, but speak with a local attorney to see how these laws impact your claim.
Omaha, NE Statute of Limitations
The state of Nebraska places a deadline on how long you have to file a personal injury claim. You generally have four years in Nebraska, but some injury claims have less time:
- Wrongful death claims: Two years
- Workers compensation claims: Two years
- Product liability claims: Four years
- Animal attacks: Four years
Personal injury claims against the state of Nebraska must be filed within two years. Similarly, you only have one year to file against the city of Omaha. So if you’re injured due to the actions of of a city or state employee or on public property maintained by the city or state, you have 365 days from the day of the incident to file a claim.
Omaha, NE Personal Injury Laws
Nebraska state law influences how you file a personal injury lawsuit in Omaha.
Nebraska law caps the damages available in medical malpractice cases, and you cannot receive more than $2.25 million.
Caps include all damages, from medical bills and pain and suffering to lost wages and funeral costs. Other personal injury claims may be capped by the percentage of comparative fault you contributed to the incident.
Finally, Nebraska follows a strict liability law for dog bite cases. This means Omaha dog owners are solely responsible for their pet’s behavior and will be held liable for damages regardless of whether this is the first attack.
Proving Negligence in Personal Injury Cases
Under the Nebraska modified comparative negligence model, multiple parties can be responsible for an accident or injury. This means you must prove that the at-fault party owed you a duty of care, and failure to do so directly led to your injuries. Under this rule if you are more than 50% responsible for the accident, you cannot recover any damages. If you are 49% at fault or less, the percent of your fault is deducted from the damages you receive.
For example, if you break your leg after slipping on water from a refrigerator leak in a grocery store that the store did not clean up or warn about, but you were running with the cart and putting your feet on and off it, gliding on the cart, the store might be 75% at fault while your own actions were 25% at fault. If your total damages are $10,000 for your medical bills, you could recover $7500.
To help prove negligence in this case, you could provide photographic and video evidence, witness testimony, and copies of medical bills and x-rays. Any strong evidence you have can help when negotiating a settlement.
How Can an Attorney Help You?
Keeping track of insurance claims and medical bills isn’t easy when you’re recovering from injuries, even minor ones. Hiring an Omaha personal injury lawyer can help relieve some of that burden.
Personal injury attorneys are experts when it comes to gathering evidence and proving negligence. With a legal expert in your corner, you can focus on recovery while they work diligently to negotiate your injury compensation from the insurance companies and any at-fault parties.
How to Find the Best Personal Injury Lawyer in Omaha, NE
The important thing to remember when looking for a personal injury attorney is to get the most out of your initial consultation.
The lawyers on this list offer free 30 to 60 minute consultations. This is your opportunity to ask questions and find out if this attorney has the right background to handle your case.
Some questions that will help you find the best personal injury lawyer in Omaha are:
- Who will be handling my case? Larger law firms may assign an assistant attorney or paralegal to your case. If you prefer working with the same lawyer, ask this question upfront.
- What types of personal injury are you familiar with? Lawyers specialize in different types of cases, from birth injuries to workers compensation, so find an attorney with experience negotiating settlements for your unique injuries.
- What are the next best steps to take? A good lawyer will know if you have a case and can prepare an action plan by the end of your consultation.
Methodology
To come up with the best personal injury lawyers in Omaha, NE, Forbes Advisor considered many factors. Forbes Advisor’s mathematical module considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & Honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
What percentage do most personal injury lawyers in Omaha take?
On average, lawyers take one-third of the winning settlement or verdict. The personal injury attorneys on this list take between 33% to 40%, but only if they win your case.
Are there attorneys for pain and suffering?
Yes, personal injury lawyers are experts in winning settlements for clients that cover all their injuries, including abstract ones like pain and suffering. Your attorney may ask you to provide a diary or medical records, including therapy bills, to help prove pain and suffering damages in court.
How do you respond to a low settlement offer?
If the initial offer is too low, ask your insurer to re-evaluate your claim. You may need to provide more evidence, witnesses, or multiple damage estimates during re-evaluation. If the company returns with another low settlement offer, speak with a personal injury attorney about your rights and the next best steps to take.
