Omaha Premises Liability Attorney
When you go to a store, a neighbor’s house, or a restaurant, you expect to be safe. You do not expect to slip on a wet floor, trip on a broken sidewalk, or get hurt because the property owner was acting negligently. You might be in pain. You might be unable to work. You might be staring at a pile of hospital bills that you cannot pay.
At DM Injury Law, we understand what you are going through. We know you are stressed and worried about your family’s future. We are here to tell you that you have rights. If someone else’s carelessness caused your injury, they should pay for it, not you.
Our team is ready to stand up for you. We have recovered over $1 billion for our clients. We know how to fight big insurance companies that try to pay you as little as possible. Do not face this alone. Speak to an Omaha premises liability attorney who cares about your recovery as much as you do.
If you or a loved one is dealing with serious injuries and medical bills after being hurt on someone else’s property, we are here to help. Call us today to talk about what to do next. Your initial consultation is FREE, and you have no obligation to move forward.
Call (314) 557-4659 or contact us online today for a free consultation.
Why Choose DM Injury Law for Your Omaha Premises Liability Claim?
There are many lawyers out there, but not all of them have the resources or experience to handle serious injury cases. DM Injury Law was started in 2013 by Michael DiPasquale and Jason Moore. We have grown into one of the largest premises liability firms in the Midwest because we fight for the results you deserve.
1. We Have Recovered Over $1 Billion for Clients
We have a track record of securing compensation for our clients. We do not just settle for the first offer the insurance company throws at us.
Here are just a few examples of how we have helped people just like you:
- $3.4 Million: Our client was at a pawn shop and got shot in the leg because of negligent mishandling of a firearm.
- $1.5 Million: Our client was helping his neighbor on a farm when a truck rolled down a hill and pinned our client against equipment.
- $1 Million: Our client fell through the attic floor while renovating.
2. No Fee Unless We Win
We believe that everyone deserves justice, no matter what. If you think you can’t afford an attorney after an accident, that’s not how we operate. We work for you for FREE.
That is why we work on a contingency fee basis, which means:
- You pay $0 upfront.
- You pay $0 for your consultation.
- You pay $0 while we work on your case.
- We only get paid if we win your case.
If we do not get you money, you do not owe us a dime. This takes all the risk off your shoulders.
3. A Large Team to Support You
Premises liability cases can be hard work. They require gathering evidence, talking to witnesses, and filing lots of legal paperwork. A single lawyer working alone might get overwhelmed.
At DM Injury Law, we have a large team of attorneys and support staff of investigators, case managers, and medical records specialists. This means we have the manpower to handle every single aspect of your case.
What Is a Premises Liability Case?
“Premises liability” is a legal term. It simply means that property owners are responsible for keeping their land and buildings safe. If they fail to do that, and you get hurt, they are responsible for your injuries.
This applies to many places, including:
- Grocery stores and malls
- Apartment complexes
- Restaurants and bars
- Parking lots
- Private homes
- Construction sites
- Farms
If you were hurt on someone else’s property, you might need an Omaha premises liability lawyer to help you prove the owner was at fault. Contact DM Injury Law today and let us handle this complicated process.
Common Premises Liability Cases We Handle
- Slip and Fall Accidents: These common accidents happen when a property owner in Omaha fails to clean up a spill, fix a broken step, or clear ice and snow from a sidewalk. A fall can lead to severe injuries like broken bones, brain trauma, or lasting back problems.
- Dangerous Property Conditions: Injuries often result from hazards like falling merchandise in stores, exposed electrical wiring, uncovered holes, or malfunctioning elevators and escalators. Owners must address these dangers to keep visitors safe.
- Dog Bites: Nebraska law holds dog owners strictly liable for bite injuries. Even if the dog has never been aggressive before, the owner is responsible for your medical bills and suffering if you are attacked.
- Workplace and Farm Accidents: Construction sites and farms in and around Omaha are filled with hazards. If you are hurt due to unsafe equipment or dangerous conditions on someone else’s property, the owner may be at fault.
- Negligent Security: Property owners have a duty to protect you from foreseeable crime. If you were assaulted in a poorly lit parking garage or if a broken lock allowed a break-in at your apartment complex, the owner may be held responsible for failing to provide adequate security.
- Hazardous Materials: Property owners are responsible for injuries caused by exposure to dangerous substances like chemical spills, toxic mold, or asbestos. We fight to hold them accountable for the harm you’ve suffered.
Understanding Nebraska Premises Liability Laws
The law can be confusing. Insurance companies count on you not knowing your rights and try to get you discredit yourself so they don’t have to pay you. They don’t care about your healing.
As your Omaha premises accident lawyer, we want you to understand the rules so you cannot be tricked.
Who Is Protected Under Nebraska Premises Liability Laws?
In the past, the law treated people differently based on why they were on the property. However, the Nebraska Supreme Court changed this (in a case called Heins v. Webster County). Now, property owners owe a “duty of reasonable care” to all lawful visitors.
This means if you are invited (like a customer in a store) or if you have permission to be there (like a guest at a party or a plumber working at a home), the owner must keep the place safe.
- Note: Owners generally do not owe a duty of care to trespassers (people who are not allowed to be there), unless the trespasser is a child.
What If I Was Partially Responsible for the Accident?
The insurance company might try to blame you for the accident. They might say you were looking at your phone or that you were clumsy. They do this to avoid paying you.
Nebraska follows a modified comparative negligence rule (Neb. Rev. Stat. § 25-21,185.09). Here is how it works:
- You can still win money if you were partly at fault.
- However, your fault must be less than 50%.
- If you are 50% or more at fault, you get $0.
- If you are less than 50% at fault, your money is reduced by your percentage of blame.
For example, if the jury decides you suffered $100,000 in damages, but you were 10% at fault, you will get $90,000. We fight to prove the property owner was the one to blame, not you.
How Long You Have to File a Premises Liability Claim in Omaha, Nebraska
You do not have the rest of time to file a lawsuit. Nebraska has strict statute of limitations that require you to file before, or else you cannot receive any money.
- For Personal Injury: You generally have four years from the date of the injury to file a lawsuit. This is found in Neb. Rev. Stat. § 25-207.
- For Wrongful Death: If a loved one died because of an accident, the deadline is shorter. You only have two years from the date of death. This is found in Neb. Rev. Stat. § 30-810.
While these time limits may seem like a long time, building a case takes a long time. Evidence gets lost. Witnesses forget what they saw.
That’s why it’s important to file your claim as soon as you’re able to. Call a Nebraska premises liability attorney right away to get started.
Call (314) 557-4659 or contact us online today for a free consultation.
What Compensation Can You Receive in an Omaha Premises Liability Claim?
When you are hurt, you lose more than just your health. You lose money. A lawsuit is how we get that money back for you. We fight to recover:
- Medical Bills: We seek payment for the ambulance, the hospital stay, surgeries, doctor visits, physical therapy, and any other medical bills you received. We also look at future bills if you will need care for a long time.
- Lost Wages: If you could not work because of your injury, we demand payment for those missing paychecks. If you can never do your old job again, we fight for your loss of future earnings.
- Pain and Suffering: This is money for the physical pain and the emotional stress you went through. It pays for your anxiety, your sleepless nights, and the fact that you cannot enjoy life like you used to.
- Wrongful Death Damages: If you lost a family member, we seek money for funeral costs and the loss of their financial support and companionship.
We calculate every single penny you are owed and fight for more. We do not let insurance companies shortchange you.
What To Do After an Accident
If you get hurt on someone else’s property in Omaha, take these steps to protect yourself and to strengthen your claim:
- Get Medical Help: Go to the doctor or hospital immediately. Your health is the most important thing. Medical records prove you were hurt and can be used as evidence.
- Report the Accident: Tell the manager, landlord, or owner right away. Make sure they file a report.
- Take Pictures: Use your phone to take photos of the wet floor, the hole in the ground, the broken light, or whatever caused your injury. Take photos of your own injuries, too.
- Get Witness Names: Get the name, contact information, and statement from any witnesses who may have seen the accident.
- Do Not Sign Anything: The insurance company might call you quickly. They might offer you a small check for “immediate losses.” This is a tactic to get you to settle for less than you’re owed. Do not sign any papers, because if you need future medical treatment, you will not be able to go back and ask for more money.
- Call DM Injury Law: The sooner you call our Omaha, Nebraska, premises liability attorney, the sooner we can start working for you.
FAQ for Omaha Premises Liability Accidents
How much does it cost to hire you?
It costs nothing up front. We work on a contingency fee basis. That means our fee comes out of the money we win for you. If we don’t win, you don’t pay us anything.
Can I sue if I was hurt at a friend’s house?
Yes. Many people are afraid to sue a friend or neighbor because they don’t want to take their money. But in almost all cases, we are suing their insurance company, not your friend personally. That is what homeowners’ insurance is for.
How long will my case take?
It depends on how bad your injuries are and how much the insurance company fights us. Some cases settle in a few months. Others take a year or more. We will keep you updated every step of the way.
I was hurt a year ago. Is it too late?
Probably not. In Nebraska, you generally have four years to file a lawsuit for an injury. However, you should call us immediately so we can check the specific dates and save evidence.
What if there were no witnesses?
We look for other evidence, like security camera footage, maintenance records, and medical reports. We know how to build a case even when no one else saw it happen.
Set Up Your Free Consultation with an Experienced Omaha Premises Liability Lawyer Today
When someone keeps their property a mess and causes you life-changing injuries, you have a legal right to hold them responsible. We at DM Injury Law are here to help you secure the compensation you need to pay for your medical bills and other losses so you can move forward with your life.
Call our premises liability accident lawyer in Omaha to fight for you. Talking to us is free, and you have no obligation to move forward.
Call (314) 557-4659 or contact us online today for a free consultation.
