Legal FAQ

Omaha Lawyers Helping The Injured Get Answers

At Ausman Law Firm, P.C., L.L.O., we know you have a lot of questions about your case. The claims process can be very confusing and you can’t count on the insurance company to give you all the information you need. Fortunately, you can turn to us for straight answers. Our firm has helped hundreds of clients recover financial compensation for their injuries. Below, you’ll find some of the most frequently asked questions we deal with every day.

If you have other questions, simply contact us and schedule a free consultation at our Omaha office. We’ll review the details of your case and give you honest answers. There’s no cost and no obligation. One of our attorneys will explain your options so you can make an informed decision about how to proceed. We serve clients in Nebraska and Iowa. Call today to get the answers you need.

Frequently Asked Questions

Do I need an Omaha car accident lawyer?

You aren’t required to have a lawyer when filing a claim for injuries you received in a car accident, but it is a very good idea to have one. Insurance companies are often not on your side. They are mainly concerned with keeping costs down. Any offer they make to you after an accident probably won’t cover all your damages.

Here are a few ways an experienced lawyer can help you:

• Maximizing compensation. A lawyer can build a strong case that increases your payment, either at the negotiating table or in court.
• Locating other sources of recovery. You may be able to recover additional compensation from other policies held by the at-fault party or from your own policy.
• Reducing debt. If you still owe money for medical expenses after your case resolves, an attorney may be able to reduce the amount you owe.

Can I afford a car accident lawyer?

Yes. Many people think hiring a good lawyer is expensive, but when you hire our law firm, cost is not an issue. We offer experienced, aggressive legal representation on a contingency fee basis. That means you owe us nothing unless we recover payment for you. You have enough bills to worry about right now. We don’t want to add to them. We cover all the costs associated with moving your case forward, no matter how long it takes. You pay us a percentage of any financial compensation we recover. If you don’t get paid, we don’t get paid.

Do I have a personal injury case?

We can’t answer that question until we talk to you about what happened. When you come in for a free consultation, we can get the details about your accident and injury and determine whether or not there is a case. There is no risk and no obligation when you talk to us. That’s why the insurance company would prefer it if you didn’t. They may tell you their settlement offer is the best they can do. We know that is usually not true. We’ll give you an honest assessment of your case, so you can make an informed decision about what to do next.

What is the value of my personal injury case?

That depends on the specific facts of your accident. Despite what many people believe, there is no standard formula for determining the value of a case. It depends on many different factors, which is why we learn as much as possible about your accident and injury. Our approach often involves collecting and reviewing documentation, talking to witnesses and other methods of gathering information.

Some of the factors we consider include:

• Nature and extent of your injuries
• Amount of current and future medical treatment required
• Determination of liability
• Available amount of insurance
• Existence of any other insurance policies that may apply.

How long will it take to resolve my personal injury case?

This depends on many different factors. These include the type of injury you have, the medical treatment you need and the amount of insurance coverage available. If the insurance company chooses to dispute parts of your claim, their actions can delay the resolution of your case. Simpler cases may be resolved through negotiation in a matter of weeks, but more complex cases that involve litigation can take months or even years to resolve. Our goal is to build a strong case that gets you the maximum amount of compensation in the shortest time possible.

Should I settle?

We are often able to negotiate a favorable settlement with the insurance company. That’s why we advise talking to a lawyer before accepting the insurance company’s first offer. Their offer probably does not cover the true costs of your accident.

Jason Ausman and Michelle Epstein both used to work for the insurance companies. They saw firsthand how claims were undervalued. They know how to build a strong case that convinces insurance companies to pay more. A settlement may be the best way to resolve your case. Having a lawyer negotiate on your behalf often gives you the best opportunity to obtain more money.

Can I still recover damages if I’m partially at fault for the car accident?

In some cases, yes. Both Nebraska and Iowa have comparative fault laws that allow people to recover financial compensation for an accident if they were partially to blame. For example, a jury awards a man $100,000 for injuries from an accident, but finds he was 10 percent at fault for what happened. The award would be reduced by 10 percent, so the amount he received would be $90,000. If your fault in an accident is determined to be more than 50 percent, you aren’t eligible to recover any compensation. Since insurance companies often dispute the percentage of fault in an accident, you need an experienced lawyer to protect your rights.

What should I do after being in a car accident?

After any collision your safety should come first. Move to a safe location if possible, check for injuries and call emergency services. Document the scene with photographs, gather witness contacts and note road or weather conditions. Even in seemingly minor incidents like a rear end collision accident case, injuries can appear later. Avoid admitting fault and speak to an attorney before talking to insurance companies. Complex crashes such as those involving a t bone accident, multivehicle accident or forced off road accident require quick legal assistance. An attorney can secure medical records, consult accident reconstruction experts and negotiate with insurers to help you recover costs for treatment, repairs and lost wages. Acting quickly improves your chances of a favorable outcome and ensures important evidence is preserved.

How can our lawyers help with a truck accident case?

Truck accidents often cause severe injuries because of the size and weight of commercial vehicles. A jackknife accident, truck rollover accident or underride accident may be caused by improper loading, driver fatigue or mechanical defects. Cases involving a fatigued truck driver accident, lost truck load accident or tire blowout accident require detailed knowledge of trucking safety regulations. Trucking companies frequently act fast to protect themselves after a crash. Your attorney can collect black box data, maintenance records and driver logs to prove negligence whether it involves a drunk trucker, texting trucker or inexperienced driver accident. With skilled representation, you can recover compensation for medical bills, property damage, lost income and long term care needs while ensuring responsible parties are held accountable for their actions.

What if I was rear-ended or sideswiped?

Rear end and sideswipe accidents might seem straightforward but proving fault can be complex. A rear end collision accident or rear ended by car accident may require showing the other driver was negligent through speeding, distraction or following too closely. In sideswipe situations, a sideswipe accident often involves unsafe lane changes or road hazards. Even low speed collisions can cause serious injuries like whiplash and back pain, as well as costly vehicle repairs. Attorneys collect surveillance footage, police reports and witness statements to strengthen your claim. Insurance companies may attempt to reduce your payout, but experienced legal help can ensure you receive compensation for medical treatment, repairs, lost income and any long term effects from the crash. Protecting your rights early is essential for a fair settlement.

What should I do if a distracted driver caused my accident?

Distracted driving is one of the most common causes of collisions today. If you were injured by a texting driver, a texting and driving accident or distracted driving accident case requires swift action. In commercial vehicle crashes, a texting trucker accident may involve examining phone records, driver logs and onboard data to confirm distraction. These accidents often involve running red lights, failing to yield or drifting into another lane which can lead to wide turn accident or car turned in front of accident claims. Your attorney works to secure compensation for medical expenses, property damage, lost wages and emotional suffering. Quick legal intervention helps preserve evidence and ensures that distracted drivers face responsibility for their unsafe actions while you focus on recovery.

Can I file a claim for motorcycle accidents?

Motorcycle crashes often result in severe injury or death due to the lack of rider protection. A fatal motorcycle accident case may involve wrongful death claims for surviving families or injury claims for riders. Common causes include drivers failing to check blind spots, making unsafe lane changes or misjudging a rider’s speed, leading to t bone accident or head on collision accident cases. Poor weather or hazardous roads may also contribute, involving an inclement weather accident or road hazard accident. Attorneys investigate helmet use, road design and vehicle maintenance to build strong cases and counter insurance tactics that blame motorcyclists. Skilled legal guidance ensures victims recover fair payment for surgeries, rehabilitation, lost wages and long term care while holding negligent drivers accountable.

What happens if the driver fell asleep at the wheel?

Driving while fatigued can be just as dangerous as driving under the influence. If you are injured by a drowsy driver, an asleep at the wheel accident or fatigued truck driver accident claim can help recover damages. These cases may require showing that the driver exceeded safe hours, skipped rest breaks or had a medical condition causing sleepiness. In commercial trucking incidents, a truck rear ended car accident or rollover accident may involve falsified logbooks or unsafe schedules. Falling asleep can lead to severe accidents such as a head on collision accident or forced off road accident. Attorneys collect records, witness accounts and expert reconstructions to establish negligence and help you recover medical costs, lost income, property damage and compensation for pain and suffering.

How do weather conditions affect accident claims?

Bad weather including snow, rain and fog can make roads more dangerous, but drivers are still responsible for operating safely. An inclement weather accident claim examines whether the driver adjusted speed, increased following distance and maintained control. Failure to do so can cause a wide turn accident, rollover accident or road hazard accident. Insurers may try to blame weather alone, but attorneys look at driver behavior, vehicle maintenance and road conditions to identify negligence. In trucking cases, a jackknife accident or improper loading accident may be worsened by shifting cargo or unsafe loading practices. Proving fault helps victims recover compensation for injuries, vehicle repairs and lost wages while ensuring drivers cannot hide behind weather conditions as an excuse for unsafe driving.

Can defective vehicles cause accidents?

Yes, defective vehicles can directly lead to or worsen accidents. A defective vehicle accident claim may be filed against manufacturers, repair shops or part suppliers when problems such as brake failure, steering malfunctions or tire blowouts occur. These defects can result in a tire blowout accident, rollover accident or underride accident. Attorneys work with mechanical experts to analyze parts, review maintenance records and determine whether the issue was due to poor design, faulty manufacturing or negligent repair. Victims can recover costs for medical treatment, lost wages, property repairs and pain and suffering. These claims also push companies to improve safety standards, reducing the risk of similar defects harming other drivers in the future.

What if the other driver was inexperienced or reckless?

Inexperienced or reckless drivers often cause accidents through speeding, improper lane changes or ignoring traffic signals. An inexperienced driver accident or speeding accident claim can be supported with traffic records, witness statements and accident reconstructions. Reckless driving can lead to severe crashes such as t bone accident, rear end collision accident or hit by a car door accident cases. If a commercial driver is involved, a drunk trucker or texting trucker accident case may involve reviewing safety violations, logs and onboard vehicle data. Attorneys help victims recover damages for medical expenses, property repairs, lost wages and emotional distress, ensuring that unsafe drivers are held responsible for the harm they cause and that victims receive fair compensation for their losses.