What does a personal injury lawyer actually do?
A personal injury lawyer represents individuals who've been hurt because of someone else's negligence. They handle the legal work while you focus on recovering.
Your attorney investigates your accident, gathers evidence, and calculates all your damages - including medical bills, lost wages, and pain and suffering. They negotiate with insurance companies, which often try to pay less than you deserve. If negotiations fail, they'll take your case to court.
Most importantly, they know the tactics insurance companies use and the true value of your claim. This knowledge typically results in much higher settlements than people get on their own.
How do I know if I need a personal injury attorney?
You should consult an attorney if you have serious injuries, disputed liability, or the insurance company is being difficult. Minor fender-benders with small medical bills might not need legal help.
Consider hiring a lawyer when:
- Your injuries require ongoing medical treatment
- You'll miss work for more than a few days
- The insurance company denies your claim or blames you
- Multiple parties might be responsible
- You're not sure what your case is worth
- The statute of limitations is approaching (Nebraska gives you 4 years for most personal injury cases)
What should I look for when comparing personal injury lawyers?
Focus on experience with your specific type of case and their track record of results. A lawyer who mainly handles car accidents might not be the best choice for a medical malpractice claim.
Key factors to evaluate:
- Case results: Ask about settlements and verdicts in similar cases
- Trial experience: Some lawyers never go to court - make sure yours will if needed
- Resources: Complex cases need lawyers who can afford expert witnesses and investigations
- Communication style: You should understand their explanations and feel comfortable asking questions
- Fee structure: Most work on contingency (no win, no fee), but percentages vary
- Client reviews: Look for patterns in complaints or praise
Ask each lawyer how they'd handle your specific situation and what challenges they expect.
How much does a personal injury lawyer cost?
Most personal injury lawyers work on contingency, meaning they only get paid if you win. The typical fee ranges from 33% to 40% of your settlement or verdict.
The percentage often depends on when your case resolves. Many lawyers charge 33% if they settle before filing a lawsuit and 40% if they have to go to trial. You'll also need to clarify who pays for case expenses like filing fees, expert witnesses, and medical record requests. Some lawyers advance these costs and deduct them from your settlement, while others expect you to pay as you go.
Always get the fee agreement in writing and ask about any circumstances where you might owe money, even if you lose.
How long do I have to file a personal injury claim in Nebraska?
Nebraska law gives you 4 years from the date of injury to file most personal injury lawsuits. This deadline, called the statute of limitations, is strict - miss it and you lose your right to sue forever.
Some situations have different deadlines:
- Claims against government entities: Must file notice within 1-2 years
- Medical malpractice: 2 years from discovery, but no more than 10 years from the incident
- Wrongful death: 2 years from the date of death
Don't wait until the deadline approaches. Evidence disappears, witnesses forget details, and insurance companies become less willing to negotiate fairly as time passes.
What's my personal injury case worth?
Your case value depends on your specific damages and how clearly someone else was at fault. No honest lawyer can guarantee a specific amount without reviewing your situation.
Compensation typically covers:
- Medical bills (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Property damage
- Loss of enjoyment of life
Insurance companies use formulas, but every case is unique. A broken leg might be worth $50,000 for an office worker but $200,000 for a construction worker who can't return to their job. Permanent injuries, scarring, and ongoing pain increase values significantly.
Should I accept the insurance company's first settlement offer?
First offers are almost always lowball attempts to close your case cheaply. Insurance adjusters know most people don't understand their claim's true value.
The initial offer often only covers obvious medical bills and ignores future treatment, lost wages, and pain and suffering. Adjusters might pressure you by saying it's their "final offer" or that it expires soon. These are negotiation tactics.
Before accepting any offer, understand all your damages and have a lawyer review it. Once you sign a settlement, you can't ask for more money later - even if your injuries turn out worse than expected.
What evidence do I need for a strong personal injury case?
Strong cases have clear documentation showing what happened, who's at fault, and how you've been harmed. Start collecting evidence immediately after your injury.
Essential evidence includes:
- Police reports and incident reports
- Photos of injuries, accident scenes, and property damage
- Medical records linking injuries to the accident
- Witness contact information and statements
- Proof of lost wages (pay stubs, employer letter)
- Bills and receipts for all accident-related expenses
Keep a daily journal describing your pain levels, limitations, and how injuries affect your life. Insurance companies take documented suffering more seriously than memories shared months later.
Will my personal injury case go to trial?
Most personal injury cases (about 95%) settle without trial. Trials are expensive, time-consuming, and risky for both sides.
Cases go to trial when there's a serious disagreement about fault or damages. If the insurance company denies liability completely or offers an insulting settlement, a trial might be your only option. Some cases need a trial date set before insurers negotiate seriously.
Your lawyer should prepare every case as if it's going to trial. This preparation often leads to better settlements because the insurance company knows you're willing to fight.
How do I choose between equally qualified personal injury lawyers?
When lawyers have similar experience and track records, choose based on communication style and resources. You'll work with this person for months or years - personality fit matters.
Questions to help you decide:
- Who explained your case most clearly?
- Which office responded fastest to your calls?
- Who seemed most interested in your specific situation versus giving generic answers?
- Which lawyer has the resources to front expensive case costs?
- Who made you feel most comfortable and confident?
Trust your instincts. If something feels off, even if you can't explain why, keep looking. The right lawyer makes you feel informed and supported, not confused or pressured.
