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  • Speeding Tickets and The S.T.O.P. Class

    9/21/20114:46:11 PM Link 0 comments | Add comment

    attorney, Auto, criminal, criminal defense, Criminal Defense Lawyer, DMV, license, speeding, STOP class, ticket

     

     

    STOP Class.  Pretty much everyone has heard of STOP class.  You take it if you receive a traffic ticket and are eligible, and completion of the class keeps the ticket off of your driving record.  STOP class is a good idea when available because not only does it end up in dismissal of your ticket, it keeps points off of your driver's license.  Every traffic offense results in a specified amount of points on your license (i.e. a DUI conviction is 6, speeding tickets are usually 1-3, etc.).  If you receive 12 or more points in a two-year time frame, your license gets revoked by the DMV.  What many people don't realize is that STOP class can be given as part of your sentence by the judge regardless of whether you have recently taken it or not.  And, anytime you take the class, the points from the traffic infraction are not assessed on your license.  If you are someone who has a terrible driving record and is at risk of accumulating 12 or more points, you should speak to your attorney about the STOP class as an option at sentencing.

     

  • Car Accident Injury Top 5 Questions & Answers

    8/14/20112:09:09 PM Link 0 comments | Add comment

    accident, Accident Injury, Auto, car accident, injury, injury claim, insurance, insurance claim, Personal Injury, Personal Injury Lawyer

     

    1) Q - What should I do if I am injured in a car accident?

         A - Go to a doctor.  If you sustained serious injuries in an accident, the first thing you need to do is get checked out by a licensed physician to make sure you are okay.

     

     

    2) Q - Who will pay for my doctors' bills?

         A - Insurance.  The whole answer is significantly more complicated; however, insurance will pay for your bills if it exists.  If you have health insurance, submit your bills to your health insurance carrier as you typically would after going to the doctor any other time in your life.  You should also check to see if there is any medical payment coverage available through your own auto insurance carrier.  Often times, persons injured in car accidents are reluctant to give out their health insurance information because they think the at-fault party should be responsible for their bills.  They are correct that the at-fault party is financially responsible; however, you do not want to miss out on contractual reductions in your medical bills or have your medical bills end up in collections while you are waiting to settle your claim or go to trial.  Your health insurance carrier can always place a lien in your injury case file for any bills they pay out on your behalf for treatment of injuries sustained in the accident.

     

     

    3) Q - Should I open a claim with my own auto insurance company even if the accident was not my fault?

         A - Yes.  First, most car insurance contracts require you to notify your company after you have been involved in a car accident.  Second, you may have coverage with your own insurance company that you can use to help pay medical bills or receive additional money for pain and suffering should the person that caused your accident not have insurance or be underinsured.

     

     

    4) Q - I was injured while driving my friend's car.  Which insurance company should I notify?

          A - When in doubt, ALL of them.  The person's insurance who caused the accident is the "at-fault" carrier and will be responsible for compensating you for medical bills, lost wages, pain & suffering, inconvenience, etc.  Your friend's car insurance coverage follow's the car and will provide insurance coverage if the at-fault party is uninsured or underinsured and may also provide medical payment coverage.  Your own car insurance will provide potential uninsured or underinsured coverage, as well as medical payment coverage if you have contracted for it.

     

     

    5) Q - Should I hire an attorney to represent me in my accident injury claim?

         A - Maybe.  Whether you need legal representation for your injury claim depends highly on the circumstances surrounding your accident and the nature of your injury.  If you suffered very minor injuries, and you are positive that you have fully recovered, then hiring an injury lawyer may be unnecessary.  However, if you sustained serious injuries in your accident and/or liability or causation is at issue, you will definitely want to retain counsel to represent you in your injury claim.  Regardless, most injury lawyers offer a free consultation, so it is always a good idea to speak with an injury attorney in your city before settling your claim with the insurance company.

     

     

     

  • Medical Records and Medical Release Forms

    8/1/20119:24:00 PM Link 0 comments | Add comment

    accident, Accident Injury, attorney, Auto, bills, car accident, injury claim, insurance, medical information, Personal Injury Lawyer, records

     

    We have discussed medical release forms before, but this is a topic that comes up over and over again when discussing accident injury cases.  Because of current privacy laws protecting personal medical information, medical record release forms must be signed before a treatment provider will release records and/or billing statements to an insurance company or law office. 

     

    Often times, the other driver's insurance company will send you medical release forms immediately following your accident.  You are NOT required to sign these forms just because the insurance company asks you to.  Many insurance medical record release forms are unrestricted and give the company access to pretty much any and all of your medical information, whether it relates to your car accident or not.  If you are injured in a accident, speak to an injury lawyer before blindly signing any forms requested by any insurance companies.

     

    Now sometimes you are placing an injury claim with your own auto insurance carrier.  In this situation, you ARE required to provided medical release forms.  The reason for the difference is because of the direct contractual relationship that exists with your own auto insurance company. 

     

     

  • How long do I have to pursue my car accident injury claim?

    7/27/20119:42:48 PM Link 0 comments | Add comment

    accident, Accident Injury, attorney, Auto, car accident, injury claim, Personal Injury Lawyer

     

    Typically, in Nebraska you have four years from the time of your accident to pursue your injury claim.  This time period can be significantly less, however, if the person who caused the accident is some type of government employee and was on duty at the time of the accident.  For example, if your car accident was caused by a negligent police officer you have one year to properly put the city on notice of your claim and two years to file your lawsuit.  There are certain requirements that must be met to preserve your car accident injury claim, so if you have been in an accident it is always better to consult with a lawyer in your city sooner versus later.

     

  • Are Ruse Drug Checkpoints Legal?

    2/28/20118:26:05 AM Link 0 comments | Add comment

    arrest, Auto, criminal, Criminal Defense, illegal evidence, motion to suppress

     

    Often times law enforcement will resort to various types of trickery when fighting crime. One such tactic is the use of ruse checkpoints along interstates and highways. The way the checkpoints work is police or state patrol officers place signs stating there is a drug checkpoint coming up down the road. Typically, the signs are set up so that only one exit exists between where the sign is placed and where the ruse checkpoint is allegedly located. Officers then wait to see which cars pull off the road at the exit located before the ruse checkpoint area. Most any car that leaves the interstate before the ruse checkpoint will be suspected of attempting to avoid the area. The bottom line is ruse checkpoints are legal. With that said, officers cannot stop a vehicle just for exiting the interstate or seeming to avoid the checkpoint area. Officers still need “probable cause” to pull a car over. In English, that means a traffic violation. An officer can pull a car over for failure to signal, failure to maintain lane, speeding or pretty much any other traffic violation; however an officer cannot pull a car over just because the driver of the car decides to exit the interstate directly ahead of a ruse checkpoint area.
     
     
     
     
     

  • CAR ACCIDENT PERSONAL INJURY TIMELINE

    2/20/201010:04:13 PM Link 0 comments | Add comment

    Accident Injury, Auto, Insurance, Lawyer, Personal Injury, Personal Injury Attorney

    1. Injured in Car Accident

    Begin Medical Treatment

     

    2. Opening of personal injury claims

    Typically, the first procedural thing that will take place after you have been injured in a car accident, is that the attorney or law firm representing you will open claims with the various insurance companies that may provide coverage. This will include the liability carrier (the insurance company for the person/company who is at fault for the car accident); and often times your own insurance company (if applicable--medical pay coverage, uninsured/underinsured motorist coverage, etc.).

     

    3. Medical Treatment

    Get better. The next, and most important, part of the personal injury claim/case process is your health. You need to do the best you can to get better. If you have a permanent impairment or disability, you need to do the best you can to get to your maximum medical improvement. Your attorney cannot proceed with your personal injury claim until you have been released from medical care.

     

    4. Gathering of Information

    Once you have recovered as much as is possible from the injury you received in the car accident, it is time to begin gathering any and all documents relating to your personal injury claim. The relevant documents your lawyer will be gathering for your claim are: medical records, medical bills, photographs, lost wage verification documents, etc.

     

    5. Sending the Demand Package

    Unfortunately, when you have been injured in a car accident, or any other personal injury accident, the only real compensation available is money. Once you have been released from care by your medical treatment providers, and your attorney has gathered all related documentation of your injuries, you will send a demand to the at fault party requesting compensation for all of the damages you sustained.

     

    6. Waiting for a Response

    Once demand has been made on the other side, there will usually be a waiting time of about three or four weeks before you receive a response or counter offer to your initial request. This waiting time can be longer or shorter depending on the complexity of your case, and what injuries you received in the accident. Be patient.

     

    7. Negotiation with Insurance Carrier

    Your attorney has sent everything to the opposing party’s insurance company, and the insurance company has responded to the demand package. Assuming your claim was not denied, it is now time to continue the negotiation process. Your attorney will go back and forth with the representative for the other side, however whether a settlement is reached is largely dependant on you. Your attorney’s job is to inform you of all the facts and circumstances. A good lawyer will guide you in the right direction and give you the information and tools necessary for you to make an informed decision; however, you are the one who must ultimately make the determination of whether or not to accept a settlement offer.

     

    8. Personal Injury Settlement or Filing of Lawsuit

    You have been negotiating the settlement of your claim. Hopefully, at this point you will be able to reach a settlement that all parties can live with. If you cannot, the next step is usually the filing of a lawsuit. There are other possibilities such as mediation and arbitration, but in most cases mediation does not take place until after litigation has begun.

     

    9. Litigation

    You were not able to reach a settlement, you have spoken to your attorney and your attorney has filed a personal injury lawsuit on your behalf. You are now in litigation. Litigation can take anywhere from six or seven months to six or seven years. In Omaha, Nebraska, the typical car accident personal injury lawsuit will take somewhere between one to two years.

  • Car Accident Injury Cases and Other Types of Personal Injury Claims

    1/10/201010:15:44 PM Link 1 comment | Add comment

    Accident Injury, Auto, Insurance, Personal Injury, Personal Injury Attorney, Personal Injury Lawyer

    Many questions arise after being injured in a car accident or any other type of personal injury accident, such as: do I need a personal injury lawyer, why do I need an attorney/lawyer, which personal injury attorney should I hire, who is going to cover my medical bills, will my health insurance cover bills for injuries caused as a result of my car accident, how long does the personal injury process take, what is the benefit of having an attorney to help me with my personal injury claim, and the list goes on and on. Throughout my next few blog posts, I will attempt to answer many of the most frequently asked questions that arise after being injured in an accident. I will discuss the benefits of having a lawyer to help you through the process. I will look at the personal injury claim process as a whole, discussing: how long the process can take, litigation versus other forms of dispute resolution, and valuation of claims.

  • Auto Personal Injury: UIM 'Not owned, but insured' provision determined to be against public policy

    10/28/20093:37:08 PM Link 0 comments | Add comment

    Accident Injury, Auto, Insurance, Lawyer, Personal Injury, Underinsured, Uninsured

    Recently, the Nebraska Supreme Court found a provision commonly included by insurance carriers in policies providing underinsured motorist coverage to be void as against public policy.  The Court decided in Kline v. Farmers Ins. Exch., 277 Neb. 874 (2009) that insurance policy provisions denying coverage where a person is injured in a vehicle not owned by that person but still covered by an underinsured motorist policy to be void as against public policy.  The Court made multiple references to the Nebraska Uninsured and Underinsured Motorist Insurance Coverage Act (UUMICA), repeatedly pointing out the Legislature's intent to protect injured persons form uninsured and underinsured drivers.


    This is a good victory for anyone who has been injured in an auto accident in Nebraska by an underinsured or uninsured driver and is dealing with a personal injury claim.

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