If someone else’s carelessness caused you or a loved one to suffer a serious injury, you’ve experienced firsthand the devastating impact it can have on every aspect of your life. From facing mounting medical bills and lost wages to dealing with chronic pain and emotional trauma, the aftermath of an accident can be overwhelming and exhausting. It can be hard to know what you should do.

At Mueller Schmidt Mulholland & Cooling, our experienced Omaha personal injury lawyers are dedicated to fighting for the rights of accident victims just like you. We know the physical, emotional, and financial toll a severe injury can take on you and your family. We’re here to provide the compassionate support and skilled advocacy you need every step of the way.

Table Of Contents

Understanding Personal Injury Law

Personal injury law, also known as tort law, allows individuals harmed by the wrongful actions of others to seek compensation for their losses. To have a valid personal injury claim, you must generally prove the following elements:

Duty of Care – The party who harmed you had a legal obligation to act reasonably and safely to avoid doing so.
Breach of Duty – They failed to uphold this duty of care through negligence or intentional conduct.
Causation – Their breach of duty caused your injuries and losses.
Harm and Losses – You suffered physical, emotional, and/or financial harm as a result.

A wide range of accidents and situations can result in injuries caused by the negligence of one or more parties. Some common examples of situations that may give rise to a personal injury claim include:

Car, truck, and motorcycle collisions caused by drunk, distracted, or reckless drivers
Slip and fall accidents on poorly maintained or hazardous property
Medical malpractice by doctors, nurses, or hospitals
Defective products that cause injuries when used as intended
Dog bites or animal attacks
Workplace accidents caused by unsafe conditions or lack of proper training or equipment
Nursing home abuse and neglect
Assaults and other criminal acts

If you believe that someone else’s wrongful conduct or lack of action caused your injury, it is important to speak with a personal injury attorney as soon as possible. An attorney can assess the facts of your case, explain your legal options, address your concerns, and help you take the necessary steps to protect your rights and pursue fair compensation.

The Personal Injury Claims Process

While every case is unique, most personal injury claims follow a similar sequence. Understanding what to expect from the process can help you make informed decisions and avoid common pitfalls as you pursue the justice you deserve.

Step 1: Seek Medical Treatment

After an accident, your top priority should be your health and well-being. Seek immediate medical attention, even if your injuries seem minor. Some severe conditions, such as brain injuries or internal bleeding, may not show symptoms immediately. Quick diagnosis and treatment can improve your chances of a full recovery and strengthen your claim by documenting the extent of your injuries and their relationship to the accident.

Step 2: Consult with a Personal Injury Attorney

While you focus on your physical recovery, having an experienced legal advocate on your side is essential to handle your case's complex legal aspects. Look for an attorney with specific experience handling cases like yours and who makes you feel heard and supported. Your attorney will thoroughly investigate the accident that injured you to gather evidence of other parties’ liability and your losses. This may include:

Obtaining police reports and accident scene photos
Interviewing eyewitnesses and expert witnesses
Reviewing medical records and bills
Analyzing property damage and repair estimates
Consulting with accident reconstruction specialists

Your attorney will also take on all communications with the insurance companies on your behalf and negotiate for a fair settlement. This ensures your rights are protected at every critical stage of the claim process. If the insurance company refuses to offer a fair amount, your attorney will prepare to take your case to trial and fight for your rights in court.

Step 3: File an Insurance Claim

To formally begin the process, your attorney will need to file a claim with the at-fault party's insurance company. In Nebraska, you generally have four years from the date of the accident to file a lawsuit. This deadline is known as the statute of limitations. If you miss this deadline, you could lose your right to seek compensation forever. Once you file a claim, the insurance company will assign an adjuster to investigate and evaluate your case. The adjuster may request additional documentation, ask you to provide a recorded statement, or offer a quick settlement. It is important to let your attorney handle these communications, as the adjuster's goal is to minimize the insurance company's payout, not to ensure you receive fair compensation. Your attorney will work to build a solid case and negotiate with the adjuster for a settlement that fully accounts for all your losses. If you cannot reach a fair agreement, your attorney will file a lawsuit and begin preparations for trial.

Step 4: Discovery and Pre-Trial Motions

Once your attorney files a lawsuit, the case enters the discovery phase, where each side exchanges information and evidence. This may involve depositions (sworn out-of-court testimony), interrogatories (written questions), and requests for documents. Your attorney will use this process to uncover critical evidence to support your claim and to assess the strength of the defendant's case. They may also file pre-trial motions, such as a motion for summary judgment, to resolve certain issues before trial.

Step 5: Trial and Appeal

If your case does proceed to trial, your attorney will present evidence to the court to prove the defendant's liability and the extent of your injuries and losses. The defendant will also have the chance to present their case. After hearing all the evidence, the jury will deliberate and render a verdict. If you're successful at trial, the judge will enter a judgment in your favor and require the defendant to pay you the damages the jury awarded. If you lose, you may have the right to appeal the decision to a higher court. Settlement negotiations can continue throughout the litigation process, even after a trial commences. The vast majority of personal injury cases are resolved without even going to court.

Get the Compensation You Deserve

Compensation in Personal Injury Cases

A personal injury claim aims to seek compensation for the losses you suffered as a result of the defendant’s wrongful conduct. While no amount of money can erase the trauma of a serious accident, a fair settlement or verdict can provide critical financial support and a sense of justice and closure.

If you’re injured due to someone else’s negligence, you may be compensated for:

Medical Costs – Past and future expenses for hospitalization, surgeries, medications, physical therapy, and medical equipment related to your injury
Lost Wages – Recoverable wages you lost due to missing work for treatment and recovery
Reduced Earning Capacity – Compensation for when your injuries prevent you from returning to your job or limit your future earning potential
Pain and Suffering – This includes physical discomfort, emotional distress, and the impact the injury has on your ability to enjoy life
Property Damage – The cost to repair or replace your damaged vehicle or other personal belongings

Proving the full extent of your losses is a complex process that often requires testimony from medical professionals, accident reconstruction experts, and vocational specialists. Your personal injury attorney will work with these experts to build a strong case for the maximum compensation you deserve.

How Our Omaha Personal Injury Lawyers Can Help

Personal Injury Attorney Serving Omaha

At Mueller Schmidt Mulholland & Cooling, our dedicated personal injury attorneys bring decades of combined experience to the fight for the rights of accident victims in Omaha. We understand the immense physical, emotional, and financial stress a serious injury can take on your life, and we are committed to providing the compassionate support and tireless advocacy you need during this difficult time.

We have the knowledge, skills, and resources to take on even the most complex cases and fight for the maximum compensation you deserve.

Our attorneys have a proven track record of success in recovering compensation in a wide range of personal injury cases, including:

Car Accidents
Truck Accidents
Motorcycle Accidents
Pedestrian Accidents
Brain Injuries
Bicycle Accidents
Slip and Fall Accidents
Construction Accidents
Workplace Accidents
Wrongful Death

Contact an Omaha Personal Injury Lawyer Today

At Mueller Schmidt Mulholland & Cooling, we are committed to providing the dedicated support and aggressive advocacy you need during this challenging time. We offer complimentary, no-obligation consultations to discuss the details of your case and answer your questions.

Do not let someone else’s negligence or wrongdoing go unchallenged. Contact Mueller Schmidt Mulholland & Cooling today at 402-999-9000 to schedule your free consultation with an Omaha personal injury lawyer who will fight tirelessly for your right to compensation.

Remember, you do not have to face the aftermath of a serious accident alone. Our seasoned team is here to guide you every step of the way and fight for the financial resources you need to move forward with your life. Call us today to get started on your path to recovery.