402-999-9000
Car accidents change lives in an instant. One moment, you’re driving along, and the next, you’re dealing with debilitating injuries, medical bills, insurance claims, and missed work. The physical and emotional trauma alone feels overwhelming, but the financial stress compounds the pain. You may wonder how you’ll cover the costs and if you should seek legal help.
The Omaha car accident lawyers of Mueller Schmidt Mulholland & Cooling understand what you’re going through and want to help you demand justice from the person who hit you. Contact us today for a free consultation, and let’s get started on your case today.
The Aftermath of an Omaha Car Accident
The inherently violent nature of car accidents can result in serious, life-altering injuries like the following:
- Whiplash
- Concussions and traumatic brain injuries
- Back and spinal cord damage
- Broken bones
- Soft tissue injuries
- Internal injuries
- Burns
- Dental and facial injuries
- Hearing Loss
- Psychological trauma, such as PTSD
These injuries often require extensive medical treatment, including emergency care, surgeries, rehabilitative therapy, medication, and more. The bills quickly pile up, especially if you cannot work due to your injuries. What’s more, in the immediate aftermath of a car crash, your adrenaline runs high, and you may not realize the extent of your injuries. However, in the days following the accident, the pain often worsens, and new symptoms may emerge.
Types of Car Accident Cases We Handle
At Mueller Schmidt Mulholland & Cooling, our Omaha car accident lawyers handle a variety of cases including:
If your car accident is not listed here, we may still be able to help you. Contact us to discuss your specific situation with our law firm.
Dealing with Insurance Companies
Nebraska operates under a fault-based system for car accidents and insurance. This means the driver at fault for causing an accident is financially responsible for its aftermath, and that the at-fault driver’s insurance company should cover these costs on the policyholder’s behalf. However, insurance adjusters often attempt to settle claims quickly and for as little money as possible.
The adjuster may pressure you to provide a recorded statement or accept a lowball settlement offer. They may also try to use your words against you to shift blame and reduce their payout. Remember, the insurance company’s goal is to protect their bottom line, not to compensate you for your losses fully.
An Omaha car accident lawyer with [firn-name] can fight back against these tactics. We can handle all communication with the insurance company on your behalf, protecting your rights and negotiating for a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other losses.
Proving Negligence in an Omaha Car Accident Case
Negligence, in the context of a car accident, refers to a failure on the part of a driver to exercise reasonable care while operating a vehicle. This legal principle forms the basis of most personal injury claims arising from car accidents. To prove negligence, your attorney must establish four key elements:
- Duty of Care: The driver owed a duty to operate their vehicle responsibly to avoid causing harm to others.
- Breach of Duty: The driver failed to uphold this duty in some way, perhaps by speeding, running a stop sign, or failing to check their blind spot.
- Causation: The driver’s breach of duty directly caused the accident and resulting injuries.
- Damages: The accident led to measurable damages, such as medical expenses, lost wages, pain, and suffering.
Practically speaking, negligent driving behaviors encompass a range of actions, including distracted driving, speeding, running red lights, driving under the influence, and failing to signal turns. Each of these behaviors increases the risk of accidents and constitutes a breach of the duty of care.
Building a strong case that the other driver behaved negligently involves collecting compelling evidence, such as:
- Police Reports: Official reports filed by responding officers detailing the circumstances of the accident
- Photographic and Video Evidence: Visual documentation of the accident scene, vehicle damage, and any contributing factors
- Eyewitness Testimony: Statements from individuals who witnessed the accident and can provide firsthand accounts of what occurred
- Medical Records: Documentation of injuries sustained in the accident and the resulting medical treatment
- Expert Testimony: Testimony from accident reconstruction experts who can analyze the evidence and provide insight into how the accident occurred
Nebraska’s modified comparative negligence rule lets you recover compensation even if your own negligence contributed to the accident – provided you were not more than 50 percent to blame. However, your share of fault will also reduce your recovery in proportion. So, if you were found 20 percent at fault and awarded $100,000 in damages, you would ultimately receive $80,000. An Omaha car accident lawyer advocates for you to receive the maximum allowable compensation.
What to Do After an Omaha Car Accident
The steps you take after a car accident can significantly impact your health, well-being, and potential legal claim. Follow these steps to protect yourself:
- Prioritize Safety: Begin by assessing the situation for injuries. If anyone is injured, dial 911 immediately and request medical assistance. If it’s safe to do so, move to a secure location away from traffic.
- Wait for Authorities: Stay at the scene and wait for the police to arrive. Their investigation will provide crucial documentation for insurance claims and legal proceedings. Cooperate with law enforcement, providing factual information without suggesting you were at fault for the accident.
- Exchange Information: Exchange contact details, insurance information, license plate numbers, and vehicle specifics with the other involved parties. Thorough documentation at this stage lays a solid groundwork for potential legal action.
- Document the Scene: Capture the accident scene thoroughly. Take photos of vehicle damage, road conditions, weather patterns, traffic signs, and any visible injuries. Write down your recollection of events while your memory is still fresh.
- Seek Medical Attention: Even if injuries appear minor at first, it’s imperative to seek a medical evaluation promptly. Some injuries may take time to manifest themselves, and early medical intervention can mitigate their severity. Doing so also establishes a medical record crucial for legal purposes.
- Notify Your Insurer: Promptly inform your insurance company about the accident, providing essential details while refraining from admitting fault or agreeing to recorded statements until you’ve consulted with legal counsel.
- Contact a Car Accident Lawyer: Get in touch with an experienced Omaha car accident attorney for personalized guidance. Most offer complimentary case evaluations and operate on a contingency fee basis, ensuring you receive expert representation without upfront costs.
The Importance of Acting Quickly
It’s essential to contact an Omaha car accident lawyer as soon as possible after the crash. In Nebraska, the statute of limitations for car accident lawsuits is four years from the accident date. While this may seem like a long time, building a solid case takes considerable effort. Your lawyer needs time to gather evidence before it disappears, interview witnesses while their memories are fresh, and consult with experts to strengthen your case. Moreover, the sooner you get started, the sooner your lawyer can resolve your case.
How an Omaha Car Accident Lawyer Can Help
Navigating the complexities of a car accident claim often requires the help of a skilled attorney with experience in personal injury law. Your lawyer can guide you through the legal process, advocate for you, and work to secure fair compensation for your injuries and losses. An experienced Omaha car accident lawyer can:
- Thoroughly investigate the accident to uncover all evidence
- Identify all potentially liable parties, such as the other driver, their employer (if they were driving a company vehicle), vehicle manufacturers, and government entities responsible for road maintenance
- Handle all communication with the insurance companies and opposing counsel
- Carefully calculate damages, including future medical costs and lost earning capacity
- Aggressively negotiate for a settlement that fairly compensates you
- Prepare your case for trial if the insurance company refuses a reasonable settlement
- Represent you in court and present a compelling case to the judge and jury
- Deal with the paperwork, deadlines, and red tape so you can focus on healing
With an Omaha car accident lawyer in your corner, you level the playing field against the insurance company and its teams of adjusters and lawyers. Your lawyer is your advocate and works tirelessly to secure the best possible outcome for you.
The Mueller Schmidt Mulholland & Cooling Difference
At Mueller Schmidt Mulholland & Cooling, we recognize the toll that a serious car accident exacts on victims and families. We understand that beyond physical injuries, there are emotional scars and financial burdens to bear. You’re not just another statistic to us; you’re a person with a story, and we’re here to lend a compassionate ear and offer comprehensive support.
With a wealth of experience advocating for car accident victims in Omaha, Nebraska, our empathetic team dedicates themselves to securing justice and compensation for those we represent. Our commitment begins with a no-cost, no-obligation consultation, where we take the time to understand your unique circumstances and outline your options in clear, understandable terms. Importantly, we operate on a contingency fee basis, meaning you will only pay if we successfully recover compensation on your behalf.
Don’t wait to demand the justice and compensation you deserve for what you’ve suffered. Contact Mueller Schmidt Mulholland & Cooling today at 402-999-9000 to schedule your complimentary consultation. Let us handle the legal complexities while you focus on healing.