Omaha Personal Injury Lawyer

In Nebraska, the law is designed to hold people accountable for their actions. In theory, if you are injured because someone else was careless, their insurance should cover the costs of your recovery. In practice, however, it’s rarely that straightforward.

Insurance adjusters work for a business, and that business must balance paying claims with protecting its bottom line. Because of this, they have an incentive to minimize what they pay out. They might use Nebraska’s comparative fault laws to argue you were partially to blame, which reduces your compensation. If they can convince a jury that you were 50% or more at fault for the accident, you are legally barred from recovering a single dollar.

This is where an Omaha personal injury lawyer makes a significant difference. Our team at DM Injury Law focuses on investigating the facts, building a case based on solid evidence, and ensuring that insurance companies adhere to the law. We protect your side of the story from being misinterpreted or misrepresented.

As personal injury attorneys serving the Omaha community, we know that staying on top of legal statutes, deadlines, and insurance company tactics is the last thing you want to do while you’re recovering from an injury. If you have a question about your accident, we’re ready to help.

Call us today for a free consultation.

Why Choose DM Injury Law?

DM Injury Law was founded by partners Michael DiPasquale and Jason Moore on a core principle: injury victims deserve the same caliber of determined, trial-ready legal representation that billion-dollar insurance companies have on their side.

Insurers Know We Are Willing to Go to Trial

We are not a settlement mill that churns through cases for quick, low-value payouts. Instead, we prepare every case from day one as if it is going to trial.

This meticulous and aggressive preparation sends a clear message to the insurance companies: we are ready to go the distance, a fact that typically compels them to offer fair value for your claim without ever stepping into a courtroom.

We Have the Resources to Take On the Insurance Giants

What started as a small Kansas City office in 2013 has grown into one of the Midwest’s largest personal injury firms. With more than 60 attorneys and a support staff of over 200, we have the resources to thoroughly investigate your case, consult with medical and accident reconstruction experts, and build the strongest possible claim on your behalf.

Insurance companies know we have the firepower to match theirs, and that makes a difference at the negotiating table.

Our Guarantees to You

Free Case Review: You shouldn’t have to pay to understand your legal rights. We will review the details of your accident and explain your options at no cost.
No Win, No Fee: We operate on a contingency fee basis. This means you only pay attorney fees if we successfully secure compensation for you. There is no upfront financial risk.
Direct Attention: You are not just a number to us. You will receive personalized attention from your legal team, and we will be there to answer your questions every step of the way.

Understanding Your Compensation

The goal of personal injury compensation is to restore you, as much as possible, to the financial position you were in before the accident occurred.

These damages are typically divided into two main categories.

Economic Damages

These are the straightforward, calculable costs associated with your injury. They are the black-and-white numbers on bills and receipts. Our job is to meticulously document these expenses to ensure every penny is accounted for.

Past and Future Medical Bills: This includes everything from the initial ambulance ride and emergency room visit at facilities like CHI Health or UNMC, to surgeries, hospital stays, prescription medications, and ongoing physical therapy.
Lost Wages: If your injuries prevented you from working, you are entitled to compensation for the income you lost during your recovery.
Loss of Future Earning Capacity: For catastrophic injuries that permanently affect your ability to perform your job or work at all, we pursue compensation for the income you will be unable to earn over your lifetime.
Property Damage: This typically covers the cost of repairing or replacing your vehicle and any other personal property damaged in the accident.

Non-Economic Damages

Not all losses come with a price tag. Non-economic damages compensate you for the intangible, personal toll the injury has taken on your life. While harder to quantify, they are just as real and just as important.

Pain and Suffering: This compensates for the physical pain, discomfort, and general suffering you have endured because of your injuries. Nebraska law does not place a cap on these damages in most personal injury cases.
Loss of Consortium: This refers to the negative impact the injury has had on your relationship with your spouse, such as the loss of companionship, affection, and intimacy.
Mental Anguish and Emotional Distress: Serious accidents can leave deep psychological scars, including anxiety, depression, fear, and post-traumatic stress disorder (PTSD).

What If I’m Partially At Fault?

Nebraska follows a Modified Comparative Negligence rule. This legal concept means that you may still recover damages even if you were partially to blame for the accident, with one significant catch. A judge or jury will assign a percentage of fault to each party involved. Your total compensation award is then reduced by your percentage of fault.

However, if you are found to be 50% or more at fault, you are barred from recovering anything. That one percentage point could be the difference between getting the compensation you need and getting nothing at all. This is precisely why insurance companies will look for any opportunity to shift more blame onto you.

Having a skilled Omaha personal injury lawyer to defend your position and present the facts clearly will protect you from any unfair accusations of blame.

How Personal Injury Claims Work in Omaha

At its core, a personal injury claim is based on the concept of negligence.

Essentially, what the law states is that people have a legal responsibility to act in a way that doesn’t cause harm to others. A driver on I-80 has a duty to follow traffic laws, and a downtown Omaha property owner has a duty to keep their premises reasonably safe for visitors.

When they fail in that duty (perhaps by speeding, texting while driving, or failing to clean up a spill), they have breached their duty. If that breach directly leads to an accident that injures you, they may be held legally and financially responsible.

Common Types of Accidents We Handle

Motor Vehicle Accidents: From rear-end collisions on city streets to T-bone accidents at busy intersections, car crashes are a leading cause of serious injuries.
Trucking Accidents: Collisions involving large commercial trucks on major highways like I-80 and I-29 could be devastating, usually involving difficult federal regulations and multiple liable parties.
Slip and Falls (Premises Liability): Property owners have a responsibility to maintain a safe environment. We handle cases involving injuries from icy sidewalks, unmaintained flooring, or inadequate security.
Catastrophic Injuries: Our firm has the experience to handle cases involving life-altering injuries such as Traumatic Brain Injuries (TBI), spinal cord damage, and severe burns, which require a deep understanding of long-term care costs.

The Timeline for Filing a Claim

There are strict legal deadlines, known as the statute of limitations, for filing a personal injury lawsuit. In Nebraska, you generally have four years from the date of the accident to file your claim. While that may sound like a long time, there is a practical deadline that is much shorter.

Evidence begins to disappear almost immediately. Traffic camera footage is overwritten, eyewitness memories fade, and physical evidence from the scene gets cleared away. The sooner we can begin an investigation, the stronger the case we can build.

Note that for certain claims, such as those involving wrongful death or medical malpractice, the deadlines are even shorter.

Who Can File a Claim?

Anyone who is injured due to the negligence of another person or entity has the right to file a personal injury claim.

In the tragic event that an accident results in a fatality, the right to file a claim shifts. Under Nebraska law, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. Any compensation recovered is for the benefit of the surviving spouse and next of kin, helping to cover funeral expenses, lost income, and the loss of companionship.

Where Do Accidents Occur in Omaha?

While an accident can happen anywhere, certain areas in Omaha present a higher risk due to traffic volume, road design, and other factors.

High-Traffic Corridors and Intersections

Many of Omaha’s most serious accidents happen on its busiest streets and at complicated intersections.

High-traffic roads like Dodge Street, 72nd Street, and West Center Road are frequent sites of collisions.
Intersections where major roads cross, such as the Interstate 80/480 interchange, 72nd and Dodge, and 90th and Maple, are notorious hotspots for congestion-related and high-speed crashes.
These areas usually involve drivers making quick decisions in heavy traffic, increasing the likelihood of T-bone accidents and rear-end collisions.

Weather and Environmental Factors

In the winter, bridges and overpasses may develop black ice, creating treacherous conditions even when the main roads seem clear.
In the spring and summer, severe thunderstorms can reduce visibility and make roads slick, increasing stopping distances and the risk of hydroplaning.

Construction Zones and Road Work

Douglas County is constantly growing, which means road work is a common sight. While necessary for infrastructure, construction zones create temporary and sometimes confusing traffic patterns. Sudden lane shifts, unclear markings, and unexpected stops could lead to driver confusion and accidents, particularly on highways where speeds are higher.

Dealing with the Insurance Company

After an accident, you will likely be contacted by an adjuster from the at-fault party’s insurance company. Remember that insurance companies are for-profit, multi-billion-dollar businesses. This means that while they have an obligation to pay valid claims, they also have a financial incentive to pay out as little as possible. Every dollar they pay you is one less dollar on their profit margin.

Here’s What to Look Out For:

The Early Bird Offer: An adjuster might call you quickly after the accident and offer a check. This may seem helpful, but it’s a strategy. They want to settle your claim before you know the full extent of your injuries. Accepting this offer almost always requires you to sign a release, which legally prevents you from seeking more compensation later if you discover you need surgery or extensive therapy.
Requests for a Recorded Statement: The adjuster may ask for a friendly recorded statement to get your side of the story. They are trained to ask questions designed to get you to inadvertently admit some level of fault or downplay the severity of your pain. Anything you say could and will be used against you.
Delay Tactics: Some insurance companies employ a Delay, Deny, Defend strategy. They know that as your medical bills pile up and you’re out of work, you become more financially strained. They might drag out the process with endless paperwork and slow communication, hoping you’ll become desperate enough to accept a lowball settlement just to get some money in hand.

Our Role in This Process

This is why you should never handle the insurance company alone. Once you hire DM Injury Law, we take over all communication.

We stop the calls and the pressure.
We compile your medical records, wage statements, and expert reports and present a comprehensive demand package that the insurance company cannot easily dismiss or ignore.
We handle the negotiations so you can focus on what truly matters: your recovery.

FAQ for Omaha Personal Injury Claims

Will I have to go to court?

The vast majority of personal injury cases are settled out of court through negotiations. However, at DM Injury Law, we prepare every case as if it will go to trial. This thorough preparation typically convinces the insurance company to make a fair settlement offer, but if they refuse, we are always ready to present your case to a jury.

What if the driver who hit me doesn’t have insurance?

Nebraska law requires all drivers to carry Uninsured/Underinsured Motorist (UM/UIM) coverage on their own auto policies. If you are hit by an uninsured driver or a hit-and-run driver, you can file a claim with your own insurance company under your UM coverage to pay for your medical bills and other damages.

Can I still claim if my injury aggravated a pre-existing condition?

Yes. The law follows a principle known as the Eggshell Skull rule. This legal doctrine means the at-fault party is responsible for all the harm they cause, even if you were more susceptible to injury due to a prior condition. You are entitled to compensation for any worsening or aggravation of your pre-existing condition that was caused by the accident.

What if the accident involved a city vehicle (e.g., a METRO bus)?

Claims against government entities in Nebraska fall under the Political Subdivisions Tort Claims Act. These cases have much stricter and shorter deadlines for filing a formal notice of claim—in some cases, just one year. Contact a lawyer immediately if you were injured in an accident involving any government vehicle or on government property.

Don’t Let Uncertainty Cost You Your Recovery

You didn’t ask to be injured, and you shouldn’t have to fight a billion-dollar insurance company on your own just to get your medical bills paid and your lost wages covered. You have serious rights under the law, and we are here to help you enforce them.

Do not let the fear of legal costs prevent you from seeking help. With our contingency fee structure, there is no financial risk to you. We only get paid if we win your case.

Take the first step toward getting your life back on track. Contact us today to discuss your case with the team at DM Injury Law.