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  • I was injured in a car accident, but the other driver was driving someone else's car?

    4/9/20128:10:06 AM Link 0 comments | Add comment

    Accident Injury, car, Insurance, insurance claim, Lawyer, Personal Injury, Personal Injury Attorney, truck

     

    Often times accidents occur where one of the drivers is driving a car owned by another person. This can be confusing.  Assuming the car was not stolen, the general rule regarding car insurance claims is that the liability insurance follows the vehicle.  In other words, your attorney will make your initial injury claim with the insurance carrier who is providing coverage for the car that was being driven in the accident, not the insurance carrier for the person driving the car. The person driving the car is still the negligent party.  If your injury lawyer files a lawsuit on your behalf it will be against the person who was negligent (i.e. the person driving the car).  Also, depending on your injuries and depending on the amount of insurance coverage available from the policy on the car involved in the accident, your lawyer may file additional insurance claims with the negligent person's own liability insurance carrier(s).  When you have been injured in a car or truck accident, one of the first things your attorney will do is gather any and all information regarding insurance coverage that may have been in place at the time of the accident.

     

  • Wills and Other Estate Plan Documents

    1/18/201210:35:22 PM Link 0 comments | Add comment

    attorney, estate plan, lawyer, living will, power of attorney, will

     

    Our law office is a personal injury and criminal defense law firm; however, we still get many questions regarding other areas of law.  One topic that pops up from time to time is the topic of Wills, or a Last Will and Testament.  Most people feel they should have a will, but are not exactly sure why or how to go about it.  Again, we are a firm that specializes in providing attorney services for persons injured in car/truck accidents or arrested on criminal charges such as DUI, so I am not about to delve into detail on the topic of estate planning.  What I will do is briefly describe what some of the most important documents are that usually accompany a standard estate plan. 

    While it is not a bad idea for everyone to be prepared for the worst; if you are single, have no children and do not own any assets, drafting a will probably does not need to be on the top of your list of things to do.  On the other hand, you may still want to make sure you have the proper documents in place should something happen and you are unable to make your own financial or healthcare decisions.  If you have significant assets it’s a good idea to have a will or a trust in place; and if you have minor children, you should definitely have a will in place, if for no other reason than to determine who will take over guardianship of your children should something happen to you.

    There are various documents that often accompany a will or trust when an estate plan is prepared.  The main documents you will want to make sure are included with your estate plan are Powers of Attorney.  Other documents that are often included as well are Advanced Directives and Living Wills.  Advanced directives and living wills state what medical care you would like to receive should you become incapacitated, and they direct your physicians on how to handle your care in certain scenarios.  Powers of Attorney appoint a representative to take control and make decisions on your behalf should you become incapable of making the decisions yourself.  A financial power of attorney states who will have control of your finances and make financial decisions on your behalf, whereas a healthcare power of attorney appoints an individual to make decisions concerning your healthcare should you end up in a state where you are unable to do so on your own.

    The bottom line is if you have kids or have accumulated significant assets, take the time to have a will drafted.  Simple estate plans do not take too much time to prepare and are relatively inexpensive considering the peace of mind they provide and the conflict they often prevent between family and loved ones.

     

  • I accidentally missed my court date. What should I do?

    8/1/20119:14:04 PM Link 0 comments | Add comment

    attorney, civil, court, criminal, failure to appear, lawyer, trial

     

    It is not uncommon for people to miss court dates.  It is not advised, but nevertheless not uncommon.  It depends what type of hearing you missed (criminal, civil, arraignment, trial, etc.), but regardless, the first thing you should do is call your lawyer.  If you missed a hearing for a criminal or traffic proceeding, there is likely a capias (bench warrant) for your arrest.  You will need to have your case brought back into court so the judge who ordered the arrest warrant can cancel it.  If you missed a prove-up hearing on a civil matter, there is a good chance the judge ruled against you.  The worst thing you can do after missing court it put it off.  If you missed court, get your rear end to your atorney's office and have he or she get you in front of a judge as soon as possible.

     

     

  • Do I need a Personal Injury Lawyer?

    6/22/201110:08:59 PM Link 0 comments | Add comment

    Accident Injury, attorney, car accident, insurance claim, lawyer, personal injury, Personal Injury Attorney, Personal Injury Lawyer

     

    The terms "personal injury lawyer" or "accident injury attorney" can be a bit misleading.  For the most part, the only people who know exactly what a personal injury lawyer is are other attorneys, or people who have previously been injured in an accident.  The only time you need an accident injury lawyer is when you or a member of your family are the ones who are injured in the accident.  This could be most any type of accident.  For instance, my injury practice focuses on car accident injury and dog bite cases; however, personal injury lawyers handle cases involving all types of accidents: car accidents, dog bites, slip & falls, medical malpractice, workers compensation, etc.  I am often asked if someone needs an injury lawyer after they cause an accident which causes damage or results in injury to another person.  The short answer is no; not because the at-fault paerson does not need legal representation, but because they need a defense attorney, not an injury attorney. 

     

    When someone is injured in an accident, and that accident was caused by someone else (even another family member), they need an "injury lawyer".  In that situation their attorney will help them with the claims process and file a formal lawsuit when necessary.  The insurance claim is based on a negligence action that could be filed against the person who caused the accident or based on other insurance coverages that may exist under the injured party's own insurance coverage.  There are usually multiple insurance policies and issues that come into play when handling an auto injury claim.

     

    On the other hand, someone who causes an accident would be in need of a defense attorney(s).  If you are involved in an accident that is your fault, you will want to contact your insurance company and speak with an attorney who handles defense of criminal and traffic charges.  You may need two lawyers depending on whether you are sued by the person you injured or not.  Causing an accident presents two separate issues: (1) a potential criminal/traffic court issue prosecuted by the State and based on any citation you were issued by police (this is especially serious if you were arrested for DUI and/or if the other person was seriously injured) and (2) a potential civil negligence lawsuit filed by the person you injured.  Your auto insurance carrier will provide representation for you on the negligence claim; however, you are responsible for hiring your own counsel for any proceeding invloving the criminal court system.

     

    Many attorneys offer free consultations, and when in doubt it is always a good idea to seek counsel before progressing with any situation that could have legal consequences.

     

  • How do I get something off my record? – Expungements, Pardons and Set-Asides in Criminal Cases

    5/23/201111:24:22 AM Link 0 comments | Add comment

    attorney, criminal, criminal defense, DUI, expungement, guilty plea, lawyer, pardon, set-aside

     

    Typically, a record showing past contact with law enforcement is not good for employment purposes. Often, people at some point in time are in the wrong place at the wrong time or have a brief error in judgment which results in a criminal conviction on their permanent record. Most people who fall into this category are dealing with an offense that in some way involves drugs or alcohol, such as a DUI, MIP or Possession of Marijuana. Unfortunately, in Nebraska there are only three ways to have something removed from your criminal record: an expungement, pardon or set-aside.

     

    For some reason expungement is the first word that comes to mind for most people when seeking to have something removed from their criminal record. However, expungements are governed by Neb. Rev. Stat. § 29-3523, and are only applicable when no conviction was ever received. An expungment only removes an entry on your criminal history, not a conviction. In other words if your DUI lawyer or criminal defense lawyer was able to get your charges dismissed or have you entered into a diversion program which resulted in your DUI charges or criminal charges being dismissed, then you may be eligible for an expungment. In fact, in most of the previously mentioned scenarios the criminal entry on your record should automatically be removed by law.

     

    The next term that is commonly tossed around is pardon. A pardon is when the Governor or Mayor (depending on whether the crime was based on a state statute vs. a city ordinance) decides to “pardon” your crime, thus restoring a certain status and various civil liberties. For most serious offenses, pardons are controlled by the State of Nebraska Board of Pardons. To receive a pardon you must file an application with the appropriate office, and you must have a pretty compelling argument for the Nebraska Board of Pardons. Pardons are not often given. They can take significant time and can be quite expensive.

     

    The last term, which you do not hear very often, is set-aside. Conviction set asides are governed by Neb. Rev. State. § 29-2264, and are the most common way of having a criminal entry on your record disposed of. In English, a set aside is when after you have been convicted of a criminal offense, your criminal attorney takes your case back in front of the judge who sentenced you and requests that your conviction be “set aside”. The way a set aside shows up on your record is just that; your record will show that you were convicted of a criminal offense such as Driving Under the Influence and then later that the conviction was “set aside”. In order to be eligible for a set-aside, you cannot have served any jail time as part of your sentence, and you must have completed all terms of probation successfully and/or paid any fines and costs in full. A set aside can be extremely helpful when seeking new employment; however, it is not a magic wand which erases the conviction completely from your criminal record. Once a conviction has been “set aside”, you are not required to list that conviction on a job application; but employers who do extensive enough background checks will still see the relevant entries on your criminal history report. It is always a judgment call, but often times the best way to use a set aside is to help explain a situation, rather than hide it. If you have a past run-in with law enforcement that is currently haunting you or making it difficult to find work, consult with a criminal defense attorney nearby to decide whether any of the above options are a good idea for you.

     

     

  • Do Police Have To Read You Your Miranda Rights?

    3/31/20119:10:15 PM Link 0 comments | Add comment

    criminal, criminal law, interrogation, lawyer, Miranda rights, suppress

     

    The short answer is NO.  Police officers do not have to read you your rights.  Not having your rights read to you is not a get out of jail free card.  Now, there may be consequences as a result of law enforcement not properly informing you of your rights under the Miranda decision.  For instance, depending on the circumstances, evidence gained by law enforcement after your detention or arrest, but before you have been mirandized, may be “suppressed” or kept out of trial by the judge.  Let’s use someone who is arrested as a suspect in a robbery case as an example.  If law enforcement interrogates that person without ever properly mirandizing them (i.e. informing them of their right to counsel, to remain silent, etc.), there is a good chance a good criminal defense attorney will be able to suppress or keep any of the statements their client made from being used against them at trial.  Now, if there is no harm then no foul.  In other words, if the same person is arrested as a suspect, interrogated and refuses to make any statements; then there are no statements which will need to be suppressed by that person’s attorney.  Again, to reiterate, no Miranda does NOT equal no jail.  Many seasoned police officers will not advise a suspect of their rights on purpose to see if the suspect makes any "voluntary" statements.  Statements made voluntarily, without inducement fom law enforcement, are generally admissible as evidence in a criminal trial.  Just remember, if ever questioned by law enforcement it is best to not make any statements other than your statement requesting a lawyer. 

     

     

  • Lawsuit Loans in Nebraska

    2/17/20119:17:08 PM Link 0 comments | Add comment

    Accident Injury, claim, insurance, Lawsuit loan, lawyer, personal injury

     

    Loans with as much as 100% in interest rates made to individuals in dire circumstances with no other options for money. This might sound like the beginning of a white collar crime story; maybe an excerpt from a Michael Milken or Bernie Madoff memoir, but it’s not. This is a true story about real loans allowed in places such as Nebraska where injured plaintiffs are often taken advantage of by investors looking to capitalize on another person’s personal injury claim. Injury settlements can take years, injury lawsuits take even longer. Often times when a person is significantly injured, such as in a severe car crash, they may end up with thousands of dollars in medical bills and weeks, if not months, off from work. For many this can result in huge financial problems and extreme desperation. With bar regulations forbidding injury attorneys from loaning clients money and nowhere else to turn, clients turn to the one place they have access to money to keep their heat on, buy groceries and fill their car with gas. They turn to lawsuit lending companies. These companies are a necessary evil to help provide cash flow for persons injured in car accidents, motorcycle accident or any other type of personal injury accident. The problem is the industry is loosely, if at all, regulated; and many injured victims end up owing their entire injury settlement to the lawsuit lending company. Long story short, do not borrow form a lawsuit finance company unless you have absolutely no other option. Here is a good article from the New York Times that discusses lawsuit loans in more detail: “Lawsuit Loans Add New Risk for the Injured”

     

     

     

  • One More Thing NOT to Do After Being Injured in a Car Accident

    2/3/20118:51:18 PM Link 0 comments | Add comment

    claim, Facebook, insurance, lawyer, personal injury

     

     

    Be careful on Facebook; you may not always be amongst "friends"  

     

    For most, it is no surprise that insurance companies are using Facebook and other social network sites to keep tabs on claimants; however, many would be surprised at the lengths the insurance companies will go in using content found on the Web to deny claims. Here is a recent story out of Canada where a woman was denied disability benefits solely because of pictures that were uploaded to her social network. The moral of the story; be extra careful about what content you place on Facebook and other social network sites, regardless of your privacy settings; and do NOT place photos of yourself doing the limbo at your local bar's beach bash while you have a pending insurance claim for an injury to your lower back.

     

     http://www.latimes.com/business/la-fi-facebook-evidence-20110125,0,4304729.story

     

     

     

  • Jury Trial vs. Bench Trial

    1/13/20118:50:32 PM Link 0 comments | Add comment

    attorney, criminal, criminal procedure, jury, lawyer, trial

     

    Am I entitled to a Jury Trial?
    When you are charged with a criminal offense, you typically have two options, trial or plea. You can either proclaim your innocence and take your chances at trial; or your criminal lawyer can work a plea agreement with the prosecution, and you can enter a plea of guilty or no contest in accordance with the plea agreement. If you are charged with a criminal offense which is punishable by more than six months in jail, you are entitled to a trial by jury. 
     
     
    What is a Bench Trial?
    The alternative to a jury trial is a bench trial. A bench trial is a trial to the judge. In a jury trial the judge will determine any questions of law and the jury will decide all issues of fact. In other words, the judge decides what evidence is allowed at trial and the jury decides whether or not you are guilty. 
    In a bench trial, there is no jury. It is the judge’s job to decide all issues. In a bench trial the judge still decides issues of law such as evidence and procedure; however, the judge also makes all factual determinations. There are some situations in which there is no right to a jury trial (i.e. misdemeanor crimes that are not punishable by more than six months in jail, juvenile proceedings, etc.).
     
     
    Should I Have a Jury Trial?
    Whether or not you should exercise your right to a jury trial depends greatly on the facts of your criminal case. There can be advantages to having a judge determine your guilt in a criminal trial; however, in most situations a jury trial is preferred when available. One reason for this is that jury verdicts in criminal trials must be unanimous (for a guilty verdict to be entered every single juror must agree that you are guilty). It is usually easier to convince one person out of twelve, or one person out of six, that you are not guilty rather than one person out of one.  Either way, if you are currently facing criminal charges, discuss your options with your defense lawyer.  Whether you are on trial for a serious assault, drug charges or a DUI; whether or not it is in your best interests to proceed with a jury trial is something that should definitely be discussed with your lawyer.
     

  • Finding a Good Lawyer

    1/1/20112:56:26 PM Link 0 comments | Add comment

    attorney, Criminal Defense, DUI, Lawyer, lawyer search, Personal Injury

    Finding a Lawyer

    Unfortunately for most people, but fortunately for our office, most people need a lawyer in some form or fashion many times throughout their life.  This helps explain why sometimes it seems like one out of every three people you meet are some type of attorney.  When searching for a lawyer it is important to keep in mind why it is you need help in the first place, as well as what exactly you want your attorney to help you with.  Some lawyers will offer services that you do not need or want.  In the alternative, maybe you would like additional help than what is being offered.  Make sure when meeting with prospective legal counsel to voice these requests so you know exactly what services are being offered.  My practice focuses almost entirely on car accident injury cases, criminal cases and DUI defense; therefore any examples used in this post will likely refer to one of those three areas.

    Budget
    It is always good to keep a budget in mind; sometimes you get what you pay for, but other times you simply pay for what you got.  Now, this is not applicable to personal injury cases (i.e. car accidents, truck accidents, motorcycle accidents), where most cases are taken on a contingency fee basis.  However, when hiring a criminal lawyer or dui attorney, the harsh reality is not everyone has the same resources, and thus, not everyone can pay for the same legal services.  Unlike other major purchases in life, most people do not plan ahead for attorney fees.  In other words, more money does not always mean a better product or better service.  And again, make sure you know what you are paying for.  As an example, say you hire an attorney to represent you because you were arrested for DUI.  You and the lawyer agree that in return for representation on your DUI, you will pay a flat fee of $1,000.00 up front (relatively standard fee for a DUI first offense in Omaha, NE).  Does this fee cover all hearings?  What are “all hearings”?  Does the fee include representation for your Administrative License Revocation (ALR) hearing with the DMV?  Does the fee include showing up for additional hearings while you are on probation, such as show cause hearings and probation checks?  If you choose to be a knucklehead and violate your probation, does the fee include services for representation on the your probation violation charge?  These are all the types of questions you need to ask when looking to hire a lawyer.  Obviously, not these exact questions, unless you were recently cited for DUI, but you get the idea.  Often, you can negotiate exactly what services you would like.  This could mean an increase in fee if the services negotiated for are outside the ordinary; or it could mean a reduction in fee, if there are certain tasks you do not wish your lawyer to perform, but usually come standard.  The bottom line is that in most situations it is important to discuss both fees and services in detail before officially forming an attorney-client relationship.

    Where do I Begin?
    The first place most people will look when they are in need of legal counsel is to their family and friends.  Not everyone has an attorney in his or her family, but most people have at least had some experience with one, and if the experience was good, that lawyer may serve as at least a good starting place in your lawyer search.  Whether you are shopping for a lawyer or any other type of service provider, using the people you know as a starting point is always a good idea.  And remember, if you are looking for a criminal lawyer or personal injury attorney, but only are familiar with an estate planning attorney, give that person a call.  Most likely he or she will know other lawyer who practice in the areas of law you are looking for, and most times he or she will be willing to give you some referrals to serve as a starting point in your lawyer search.

    The next place people will often go is the Internet.  Most prefer the Internet over the phone book for obvious reasons.  Online websites and lawyer profiles typically offer a person more insight into the law office they are researching.  Where ads in the yellow pages are usually overwhelming in number, as well as limited in information; online resources are able to provide pictures, background information and client reviews or testimonials.  

    The last place people will go, usually because they feel they have nowhere else to go, is the phonebook.  Even when using the phonebook or an online lawyer directory, it is a good idea to visit websites and review client reviews before setting up any intial consultations.

    How do I Decide?
    Well, it’s not easy.  Again, as mentioned above the most important thing is to be comfortable with the person who will be representing you.  You need to feel confident that you can trust your attorney, and that you understand exactly what it is your attorney is going to try to do for you.  A few suggestions to take into account when interviewing prospective lawyers are referenced above; however, there are endless other issues to keep in mind depending on what is important to you; things as basic as location, office hours, direct access, support staff, size of the firm, and so on.  Searching for the right attorney does not have to be as complicated and daunting as some make it out to be.  The key is to do a little preparation ahead of time and make sure that you have a specific plan of action.

     

     

     

     

  • Medical Payment Coverage (Medpay) What is it? How is it used?

    9/26/20109:28:53 AM Link 0 comments | Add comment

    attorney, car accident, injury, insurance, lawyer, medpay

     

    Okay, you have been injured in a car accident. You have many questions such as – How does the insurance work?   Do I need to file a claim with my own insurance company? Who will pay for my medical bills? Will my health insurance pay for my injuries from the car accident? Do I need an injury lawyer? How much does an injury attorney cost? And the list goes on.
    Well, I am not going to answer every question you have with this blog post; however we will discuss payment of medical bills using medpay. If you are injured in a car accident in Omaha, Nebraska, you will be negotiating a lump sum settlement with the insurance company representing the driver who caused the car accident. In most circumstances, this means your car accident injury lawyer will be negotiating one settlement that will include money for medical bills, pain & suffering, lost wages, inconvenience, etc. If you and your car accident attorney are unable to reach an agreement with the at-fault person’s insurance company, the next step will be to file a lawsuit. 
    Now, you should not attempt to negotiate your insurance settlement until your injuries have healed completely, or you have reached your maximum medical improvement (MMI). Often times it takes months, or even years, before a person injured in a car accident is released from care by their treating physicians. In the meantime, the bills keep coming. One way an injured person can pay for their medical bills is by using medical payment coverage or “medpay”. Not everyone has medpay. Medpay is additional coverage that you can contract for when purchasing car insurance. Usually, if you carry higher than the minimum liability coverage and/or collision coverage for your vehicle, some amount of medpay will be included within your insurance policy. If you are injured in a car accident, you can use your medpay money to help pay for medical bills whether the car accident was your fault or not; however, if the accident was someone else’s fault, the medpay insurance provider may be entitled to subrogation (reimbursement from settlement) of amounts paid.
    Medpay can be paid directly to a treatment provider (i.e. doctor, physical therapist, chiropractor, etc.), or the injured person can submit receipts for their own reimbursement. Just because you have medical payment coverage does not mean you should not give treatment providers your health insurance information. First of all, medical payment coverage is capped at whatever amount you contracted for. Typically, a medpay policy will provide somewhere between $1,000.00 to $10,000.00 in coverage; however, many policies have no medical payment coverage at all and some have as much as $50,000.00. Again, it depends on what you purchase from your auto insurance company. Second, if possible, your attorney will attempt to have all medical bills first go through your health insurance before taking advantage of any medical payment coverage with an auto carrier.  The reason for wanting bills to first go through health insurance is that health insurance companies have contracted for reduced rates with almost all healthcare treatment providers. For example, if you have a doctor’s bill that is $1,000.00, your health insurance company will likely pay somewhere between $600.00 and $800.00, instead of the full $1,000.00 charged by the doctor’s office. This means at the end of your case if you have to pay an insurance company back (subrogate) with proceeds received from your injury settlement; you will only have to pay back $660 or $800, instead of $1,000.00. 
    Long story short, make sure to find out whether you have medical payment coverage as part of your current car insurance policy and, if so, how much coverage you have. Medical payment coverage is a great thing to include in your policy when purchasing automobile insurance coverage; and, in the event of a car accident, medpay can help pay for bills not covered by your health insurance, such as reimbursement of deductibles and co-pays. With that said, this post is a brief overview of medical payment coverage. If you have recently been injured in an accident, you should contact an injury attorney immediately to discuss your situation.

     

  • Criminal Procedure Continued--Felony Case Progression in Nebraska

    9/21/20103:42:25 PM Link 0 comments | Add comment

    arrest, attorney, criminal, felony, lawyer

     

    As mentioned in the previous post discussing criminal cases in Nebraska; one of the biggest differences between the Nebraska criminal process for felonies when compared to the process for misdemeanors, is which court you are prosecuted in. In Douglas County, NE, all cases typically begin in county court. Felonies, however, are transferred to district court for further prosecution and, if necessary, trial; whereas a misdemeanor offense, such as a first or second offense Driving Under the Influence (DUI), will stay in county court for all phases of the case. 
     
    Arraignment/Bond Setting—similar to a misdemeanor case, when you are facing felony criminal charges, the first court hearing you have will be an advisement of your rights, as well as a hearing to set bond. As mentioned above, in Nebraska, your case will begin in county court unless the prosecuting attorney files what is called a direct information. This means your case begins in the same place it would were you charged with a misdemeanor crime. During your initial appearance on a felony charge, you can either request a preliminary hearing or waive your right to a preliminary hearing. If you request a preliminary hearing, the judge will set a date for hearing and then take up the matter of your bond. If you waive your right to a preliminary hearing, your case will be “bound over” to the District Court and then the judge will determine your bond. You should always hire a criminal lawyer before appearing in court on a criminal offense; however if you have not had the opportunity to hire an attorney before your first appearance, often times there will be a lawyer appointed by the court there to represent you for that hearing.
     
    Preliminary Hearing—a preliminary hearing is a hearing to establish whether the prosecution has enough evidence to proceed with their case. The burden of proof for a preliminary hearing is much less than that of a criminal trial. The prosecuting lawyer only needs to show “probable cause” for every element of the crime(s) charged. In other words, the prosecutor needs to prove to the court that you, the defendant, “likely” were involved in the criminal conduct alleged in the complaint. If the prosecution meets their burden (wins), then the case is “bound over” (transferred) to the district court. A new judge will be assigned, and the next hearing will take place at the district court level. Often times defendants will waive their right to a preliminary hearing for one reason or another; waiving your right to a preliminary hearing is not an admission of guilt and only waives rights you may have in regard to that specific hearing. If you win your preliminary hearing your case is dismissed by the court; however, the prosecution is allowed to refile the same criminal action, in which case, the entire process starts over. Double Jeopardy does not apply to cases that have not been fully disposed of either at trial or by the defendant entering a form of guilty plea. 
     
    Pretrial Hearing—same as a misdemeanor pretrial hearing, at this hearing motions are filed and progression of the case is discussed between all parties. Often times plea agreements are reached and cases are disposed of. 
     
    Hearings on Motions—again, for most motions filed by either your attorney or the prosecuting lawyer, there will be an opportunity for a hearing. In criminal cases, probably the most popular motion that is heard by the court is a motion to suppress evidence.
     
    Trial—both sides get to present evidence in support of their side of the case. The prosecution goes first. You are entitled to a trial by jury on all felony cases.
     
    Sentencing—if you plead guilty or no contest, or if you are found guilty at trial, you ultimately will be sentenced by the Court (i.e. judge). Sentencing is when you receive your punishment. Punishment for criminal offenses most often includes: jail, probation, fines, restitution or some combination of all of the above. On felony cases, a pretrial investigation (P.S.I.) will almost always be ordered by the court prior to sentencing. A P.S.I. is an investigation done by the probation office into the facts surrounding the case, as well as the background of the defendant. Ultimately, the probation office will usually make a recommendation on whether they believe the defendant is a good candidate for probation; however the judge is not bound by these recommendations or any other recommendations made to the court.
                                                                  

  • 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.

  • Hot Coffee Controversy

    11/7/20099:35:34 PM Link 0 comments | Add comment

    Accident Injury, Blog, damage caps, Insurance, Lawyer, Personal Injury, Personal Injury Attorney, tort reform

    The new documentary movie, Hot Coffee-"Is justice being served?", seeks to dispel the myth surrounding the famous McDonald's coffee burn case.  In Hot Coffee, producer, Carly Hugo and director, Susan Saladoff, have created a film that focuses on educating the audience about litigation and the United States civil justice system.  More often it is large corporations and insurance companies who are responsible for educating (or misinforming) socienty and influencing public opinion.  In Hot Coffee, Susan Saladoff, Carly Hugo and everyone else involved in the creation of this film seek to better inform the audience of the propaganda that goes on within the American civil justice system by using one of the most well-known American civl lawsuits, the McDonald's coffee case, as an example.  The movie will focus on the specific facts of the McDonald's coffee burn case to illustrate how insurance compaies and large corporation skew the facts in their favor to forward their political agendas with items such as tort reform.  I have not yet seen the movie, but I plan to as soon as screenings begin again in 2010.

  • 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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