Omaha Car Accident Lawyer

In Nebraska, the law is straightforward: if a driver’s negligent actions cause an accident, they (and their insurance company) are responsible for the resulting harm. However, there is typically a frustrating gap between how the law is written and how it plays out.

In theory, the at-fault driver’s insurance company should promptly and fairly compensate you for your medical bills, lost wages, and pain. In practice, you’re dealing with a business. Insurance adjusters are tasked with protecting their company’s financial interests, which means their goal is to minimize claim payouts. In some cases, they may leverage Nebraska’s modified comparative negligence laws to argue you were partially to blame, hoping to reduce or eliminate what they owe.

This is where DM Injury Law steps in. Our role as your Omaha car accident lawyers is to level the playing field. We ensure that massive insurance carriers are held accountable to pay what is fair under the law, allowing you to sidestep the legal fight and focus on your recovery. The moments after a car accident are stressful enough; you shouldn’t have to battle an insurer alone.

If you or a loved one has been injured in a car accident, your well-being is the top priority. Call us today to discuss your options at no cost.

Call (314) 557-4659 or contact us online today for a free consultation.

Why Choose DM Injury Law for Your Omaha Claim?

When you’re choosing a legal team, you want to see a history of dedication, compassion, and proven results. Founded in 2013 by Michael DiPasquale and Jason Moore, DM Injury Law has grown from its initial roots into a regional powerhouse serving clients throughout the Midwest. Our commitment has always been simple and direct: your recovery is our priority.

Since our founding, our firm has recovered over $1 billion for our clients. This number encompasses thousands of lives we’ve helped put back together after a traumatic event. Our track record demonstrates our capability to handle the most difficult and serious cases, including:

$11 Million: For the family of a victim in a wrongful death work zone accident.
$8.8 Million: Secured for a client who suffered a traumatic brain injury in an auto accident.
$4.6 Million: A verdict for a passenger who sustained a brain injury after being ejected from a vehicle.

*While these past results do not guarantee future outcomes, they reflect the depth of our experience in high-stakes litigation.

We believe everyone should have access to high-quality legal representation. That’s why we offer:

A No Win, No Fee Guarantee: Our firm operates on a contingency fee basis. Simply put, you pay us nothing unless we secure a settlement or a favorable verdict for you.
Free Case Reviews: There is no financial barrier to getting answers. You may speak with our team about your case without any cost or obligation.

Compensation: What Is Your Case Worth?

Under Nebraska civil law, the primary goal of compensation is to make the victim whole. This legal concept means that a settlement or award should, as much as possible, restore you to the financial position you were in before the accident occurred.

Compensation is typically divided into two main categories:

Economic Damages (Special Damages)

These are the straightforward, calculable costs associated with your accident. They include:

Medical bills, from the initial emergency room visit to future surgeries and physical therapy.
Lost wages from time missed at work.
Loss of future earning capacity if your injuries prevent you from returning to your previous job.
Property damage, such as the cost to repair or replace your vehicle.
Rehabilitation costs, including assistive devices and home modifications.

Non-Economic Damages (General Damages)

These damages are more subjective but are just as real. They are intended to compensate you for the human cost of the accident:

Pain and suffering.
Mental anguish, including anxiety, depression, or PTSD.
Loss of consortium, which addresses the negative impact the injuries have on your relationship with your spouse.

What If I Am Partially at Fault?

Nebraska follows a Modified Comparative Negligence rule, also known as the 50% bar. Here’s how it works:

If your percentage of fault is determined to be 49% or less, you may still recover compensation, but your award will be reduced by your percentage of fault.
If you are found to be 50% or more at fault, you are barred from recovering any compensation at all.

Because of this strict cutoff, an insurer might aggressively argue that your actions contributed to the crash. Even pushing your fault from 49% to 50% allows them to deny the claim entirely. We work to protect you from unfair allocations of blame.

How Car Accident Claims Work in Omaha

Nebraska’s legal framework for car accidents is built on a tort, or at-fault, system. This means the person responsible for causing the collision is liable for the damages.

To ensure that responsible parties could cover these costs, Nebraska law mandates that all drivers carry a minimum amount of liability insurance:

$25,000 for bodily injury to one person.
$50,000 for total bodily injury per accident.
$25,000 for property damage per accident.

Common Causes of Accidents in Douglas County

Most collisions in and around Omaha stem from a handful of common negligent behaviors:

Distracted Driving: Texting is just one example of this. Changing a playlist, using a GPS, or even eating behind the wheel diverts a driver’s attention long enough to cause a serious crash.
Impaired Driving (DUI): A driver who gets behind the wheel after consuming alcohol or drugs makes a conscious choice to endanger others. While they will face criminal charges, a civil claim is a separate process to secure compensation for your injuries.
Winter Weather Conditions: Omaha is no stranger to harsh winters. Black ice and heavy snow are common, but drivers have a legal duty to adjust their speed and driving habits to match the conditions. The excuse of “sliding on ice” is rarely valid for causing a collision.
Reckless Driving: Aggressive behaviors like excessive speeding, tailgating, and unsafe lane changes are particularly common during rush hour on major Omaha roads and contribute to a significant number of accidents.

Common Injuries Sustained in a Crash

The forces involved in a car accident may cause a wide range of injuries, some of which may not be immediately apparent. Common injuries include:

Traumatic Brain Injuries (TBIs): These can range from a mild concussion to severe injuries with long-term cognitive and physical effects.
Spinal Cord Injuries: A forceful impact can lead to conditions like whiplash, which is a sprain of the neck ligaments, or a herniated disc, where the cushioning between vertebrae is damaged.
Broken Bones: Fractures to the arms, legs, ribs, and pelvis are frequent and may require surgery and extensive rehabilitation.
Internal Organ Damage: The force of a collision can cause bruising or tearing of internal organs, leading to life-threatening internal bleeding.

Key Deadlines (Statute of Limitations)

Nebraska law sets strict deadlines, known as statutes of limitations, for filing a lawsuit. If you miss this window, you lose your right to pursue compensation forever.

For a personal injury claim, you generally have four years from the date of the accident to file a lawsuit under Neb. Rev. Stat. § 25-207.
For a wrongful death claim, the family typically has only two years from the date of death, as defined by Neb. Rev. Stat. § 30-810.

However, what we call the practical deadline arrives much sooner. Key evidence like skid marks on the road, vehicle debris, and surveillance footage from nearby businesses might disappear within days or weeks. Acting quickly helps preserve the evidence needed to build the strongest possible case.

Local Insight: Where Accidents Occur in Omaha

High-Risk Corridors

Certain roads in Omaha consistently see a high number of collisions due to their design, traffic volume, and speed:

West Dodge Road: With its high speed limits and heavy commuter traffic, this expressway is a common site for serious accidents.
I-80 and I-480 Interchange: The complex merging and exiting patterns at this major interchange frequently lead to sideswipe and chain-reaction crashes.
72nd Street: This major north-south artery is characterized by constant stop-and-go traffic and numerous intersections, making it a hotspot for rear-end collisions.
L Street/Industrial Road: The mix of commercial trucks entering and leaving industrial parks with regular passenger vehicles creates a dangerous environment.

Seasonal Factors

Omaha’s severe winters introduce another layer of risk. While drivers cannot control the weather, they must control how they drive in it. Under Nebraska law, all drivers have a duty to operate their vehicles in a safe manner appropriate for the current conditions. Claiming “I slid on ice” is not a defense if a reasonable driver would have slowed down to account for the slippery roads.

Dealing with the Insurance Company

It’s a simple fact: the insurance adjuster handling your claim works for the insurance company, not for you. Their professional responsibility is to their employer’s shareholders. This creates a natural conflict of interest, and you should be aware of the common tactics used during the claims process.

Tactics to Watch Out For

The Recorded Statement Trap: Soon after the accident, an adjuster will likely call and ask for a recorded statement. They may present this as a routine step. However, their goal is to get you to say something that might be used to assign partial fault to you or downplay your injuries. You have the right to politely decline until you have spoken with an attorney.
The Quick Settlement Offer: If the other driver was clearly at fault, you might receive a settlement offer within days. This is almost always a lowball offer made before the full extent of your injuries is known. Accepting it means you forfeit the right to seek further compensation if your medical condition worsens.
Delaying the Claim: Some adjusters might drag out the process, hoping that mounting medical bills and financial pressure will make you desperate enough to accept an unfairly low settlement.
Requesting Blanket Medical Authorization: An adjuster might ask you to sign a broad medical release form. This gives them access to your entire medical history, which they can then comb through to find a pre-existing condition they might blame for your pain, rather than the accident.

Having an Omaha car accident lawyer handle all communication with the insurance company protects you from these tactics.

Call (314) 557-4659 or contact us online today for a free consultation.

What to Do After an Accident (From Home)

Assuming you have already received initial medical attention and are now recovering at home, the steps you take in the following days and weeks will have a significant impact on your ability to recover fair compensation.

Here’s what you can do to protect your claim:

Keep a Pain Journal: Each day, jot down notes about your pain levels, any sleep disruptions, and daily activities you are now unable to do or that cause you pain. This provides a detailed, contemporaneous record of how the injuries are affecting your life.
Organize Your Evidence: Create a dedicated folder (physical or digital) for all accident-related documents. This includes the police report, medical records, discharge papers, and receipts for any out-of-pocket expenses like prescriptions or crutches.
Stay Off Social Media: Be very cautious about what you post online. An insurance company will look at your social media profiles. A simple photo of you smiling at a family gathering could be misinterpreted and presented as proof that your injuries are not as severe as you claim. It’s best to avoid posting altogether while your claim is active.
Follow Your Doctor’s Orders: Always attend all follow-up appointments and physical therapy sessions. If you miss appointments, an insurance company will argue that you weren’t truly injured or that you failed to mitigate your damages, a legal concept meaning you didn’t take reasonable steps to get better.

FAQ for Omaha Car Accident Claims

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

This is where your own Uninsured/Underinsured Motorist (UM/UIM) coverage comes into play. Nebraska law requires drivers to carry this coverage. It allows you to file a claim with your own insurance company to cover your damages up to your policy limits.

Can I still file a claim if the accident was weather-related?

Yes. All drivers have a legal duty to operate their vehicles safely for the prevailing conditions. A driver who causes an accident by driving too fast on an icy or rain-slicked road may still be held negligent.

Will my case have to go to court?

The vast majority of car accident cases are settled out of court through negotiations. However, at DM Injury Law, we prepare every case from day one as if it is going to trial. This thorough preparation usually convinces the insurance company to offer a fair settlement, as they know we are ready and willing to go to court if they are not reasonable.

What if my symptoms didn’t show up until days later?

This is very common. The adrenaline that courses through your body after a traumatic event can mask pain. Some injuries, like whiplash or concussions, may not present symptoms for hours or even days. The most important thing is to seek a medical evaluation as soon as you begin to feel pain.

Is it worth hiring a lawyer for a minor car accident?

Yes. Even accidents that seem minor may result in hidden damages. A seemingly small impact can cause a herniated disc that requires surgery down the road. An attorney helps identify potential long-term medical issues and ensure you don’t accept a settlement that fails to account for future costs.

Take the Next Step Toward Recovery

Don’t let the pressure of dealing with medical bills, insurance paperwork, and legal deadlines overshadow your physical and emotional recovery. Nebraska law provides you with a clear path to seek compensation, but that path requires timely and decisive action to secure your rights.

At DM Injury Law, we have the experience and the resources to stand up to major insurance carriers on your behalf. We are prepared to manage the legal work so you can dedicate your energy to healing and moving forward with your life.

An initial consultation with our team is always free and comes with no obligation. Call us today and let a dedicated Omaha car accident lawyer from our firm fight for you.

Call (314) 557-4659 or contact us online today for a free consultation.