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 a car accident lawyer?
- Can I afford a car accident lawyer?
- Do I have a personal injury case?
- What is the value of my case?
- How long will it take to resolve my personal injury case?
- Should I settle?
- Can I still recover damages if I'm partially at fault for the car accident?
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.
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.
