Omaha Personal Injury Lawyer

Personal Injury Lawyer Omaha, NE

At Ausman Law Firm P.C., L.L.O., our Omaha, NE personal injury lawyer has represented injured Nebraskans for more than two decades. We accept these cases on a contingency basis, which means there is no fee unless we recover compensation on your behalf. Free consultations are available, and we will provide an honest, informed assessment of your claim.

Why Choose Ausman Law Firm for Personal Injury in Omaha, NE?

Selecting the right legal representation after a serious accident has long-term consequences. Insurance carriers track which firms prepare cases for trial and which firms accept lower settlements to close files quickly. Our reputation has been built on the former approach, and that reputation carries weight at the negotiating table.

Decades of Nebraska Personal Injury Experience

Founder Jason Ausman has practiced personal injury law in Nebraska for 24 years. He earned his Bachelor of Science in Business Administration from Creighton University in 1998 and his Juris Doctor from Creighton in 2001. He is a Fellow of the American College of Trial Lawyers, an invitation-only organization limited to a small percentage of practicing trial attorneys, and a member of the American Board of Trial Advocates. Both Jason and Michelle D. Epstein are members of the Nebraska Association of Trial Attorneys.

Michelle has practiced for 25 years and is admitted to the bars of both Nebraska and Iowa. She earned her Juris Doctor from the University of Nebraska College of Law. The combined experience of our attorneys allows our firm to handle the full range of personal injury matters, from straightforward soft tissue claims to catastrophic injury and wrongful death litigation. When you retain our personal injury lawyer in Omaha, NE, you are working with attorneys who have actually tried cases before Douglas County juries and understand how local courts evaluate evidence, expert testimony, and damages.

Substantial Recoveries on Behalf of Injured Clients

Our results reflect the substance of our work. We have recovered millions of dollars in verdicts and settlements across our practice areas, including motor vehicle collisions, commercial trucking matters, wrongful death claims, premises liability, and medical malpractice. Several individual cases have resulted in seven-figure recoveries, and each was the product of thorough investigation, careful client preparation, and a willingness to litigate when negotiation failed to produce a fair resolution.

Contingency Fee Representation and No-Cost Initial Consultation

You will not pay our firm anything before we recover. We accept personal injury cases on a contingency fee basis, meaning our fee is paid only out of the eventual recovery. The initial consultation is free of charge and carries no obligation to retain our firm.

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“I can’t say enough good things about the incredible team that helped me through my personal injury case. Jason was my lead attorney and truly went above and beyond—his professionalism, knowledge, and dedication gave me confidence every step of the way. Michelle was also instrumental in my case, and her insights and support made a huge difference.” – James W.

Read more reviews on our Google Business Profile.

Types of Personal Injury Cases We Handle in Omaha

Personal injury law encompasses a wide range of accidents and incidents, but the underlying legal analysis remains constant. The injured party must establish that another party was negligent, that the negligence caused the injuries in question, and that the injuries produced compensable damages. Our firm has handled the full spectrum of personal injury matters across Douglas County and the greater Omaha metropolitan area.

• Car accidents. Rear-end collisions, intersection crashes, and highway wrecks constitute the largest share of our caseload. We communicate directly with insurance carriers so that our clients can focus on medical treatment and recovery.
• Truck accidents. Commercial vehicle collisions involve federal motor carrier regulations, multiple insurance policies, and aggressive defense counsel. We obtain driver logs, investigate trucking companies, and analyze maintenance and inspection records.
• Motorcycle accidents. Riders frequently encounter bias from insurance adjusters and prospective jurors. We prepare these cases to overcome those assumptions through physical evidence and reconstruction.
• Bicycle accidents. Drivers often fail to observe cyclists or yield the right of way. Nebraska law affords cyclists most of the rights and responsibilities of motor vehicle operators on public roadways.
• Brain injuries. Traumatic brain injuries can permanently affect cognition, memory, mood, and earning capacity. These cases require coordination with neurologists, neuropsychologists, life care planners, and forensic economists.
• Burn injuries. Burns resulting from defective products, industrial accidents, structure fires, and vehicle collisions frequently require multiple reconstructive procedures. We pursue every responsible party, including manufacturers, employers, and property owners.
• Slip and fall accidents. Property owners owe a legal duty to maintain reasonably safe premises. Establishing liability requires proof of the hazard, prior notice, and a causal connection to the injury.
• Construction site accidents. Falls from elevation, equipment malfunctions, scaffolding failures, and struck-by incidents produce severe occupational injuries. Multiple parties, including general contractors, subcontractors, and equipment manufacturers, may share liability.
• Wrongful death. When negligence results in the death of a loved one, surviving family members may recover for lost financial support, lost services, and lost companionship.
• Dog bites. Nebraska’s dog bite statute imposes strict liability on owners under specific circumstances, regardless of the animal’s prior history.
• Pedestrian accidents. Drivers strike pedestrians in marked crosswalks, parking lots, and residential streets throughout Omaha each year. Liability frequently turns on right-of-way analysis and visibility conditions.
• Medical malpractice. Misdiagnosis, surgical errors, and hospital negligence cases proceed under strict statutory timelines and require qualified medical expert testimony.

Nebraska Legal Requirements for Personal Injury Cases

Nebraska law sets specific procedural and substantive requirements for personal injury claims. A failure to meet these requirements, particularly the statute of limitations, can extinguish an otherwise meritorious claim regardless of the strength of the evidence.

The general statute of limitations for personal injury actions in Nebraska is four years from the date of the injury, established by Nebraska Revised Statute § 25-207. Wrongful death actions proceed under a shorter two-year limitations period set forth in § 30-810. A failure to file suit within the applicable period generally results in dismissal, regardless of the underlying merits of the case.

Nebraska applies a modified comparative fault rule. Under § 25-21,185.09, an injured party may recover damages only if that party’s share of fault is less than the combined fault of the other parties. A finding of fifty percent or greater fault on the part of the plaintiff bars recovery entirely. A finding of fault below that threshold reduces recovery proportionally. For example, an injured plaintiff found thirty percent at fault recovers seventy percent of the proven damages.

Claims against governmental entities follow distinct procedural requirements. The State Tort Claims Act requires written notice to the State Claims Board before suit may be filed against a state agency or employee, and political subdivision claims fall under a separate notice statute with its own timing requirements. These notice deadlines run substantially shorter than the standard four-year period and apply to claims involving public hospitals, municipal vehicles, public roadways, and certain governmental functions. The Nebraska Judicial Branch maintains additional resources regarding court rules, civil procedure, and filing requirements.

What Damages Are Recoverable in Omaha Personal Injury Cases?

Compensation in a personal injury case is divided by Nebraska law into categories referred to as damages. Some damage categories produce readily quantifiable values. Others require careful presentation through medical, vocational, and economic evidence. Both categories are essential to a complete recovery.

Economic damages address financial losses with documented monetary values. Past and future medical expenses generally constitute the largest component of economic damages and include emergency department care, hospital admissions, surgical procedures, physical therapy, prescription medications, durable medical equipment, in-home care, and projected long-term treatment needs. Lost wages cover income not earned during the period of recovery, while lost earning capacity addresses any reduction in the injured person’s ability to perform work going forward. Property damage, household services, and out-of-pocket expenses round out this category. Our firm regularly engages vocational specialists and life care planners to project future costs accurately, particularly in cases involving serious injuries requiring lifetime medical management.

Non-economic damages compensate for harms that do not produce receipts or invoices. Pain and suffering is the most familiar category, although it represents only one element of the broader category. Nebraska law also permits recovery for emotional distress, loss of enjoyment of life, disfigurement, scarring, and inconvenience. Spouses may recover for loss of consortium when the injury substantially affects the marital relationship. Non-economic damages are real and recoverable, but their presentation requires careful preparation, including treating physician testimony, documentary evidence of daily limitations, and credible client testimony regarding the practical effects of the injury.

Punitive damages are not available under Nebraska law. The state constitution prohibits the recovery of punitive damages in civil actions, a position consistently confirmed by the Nebraska Supreme Court over many decades. This rule distinguishes Nebraska from the majority of states and elevates the importance of fully developing economic and non-economic damages in every case.

In wrongful death actions, the personal representative of the estate brings the claim on behalf of the next of kin. Recoverable damages include lost financial support, lost household services, lost companionship and society, and reasonable funeral and burial expenses. According to Centers for Disease Control injury surveillance data, unintentional injuries continue to rank among the leading causes of death in the United States, and Nebraska families are exposed to the same statistical risks reflected in the national data.

What Steps Should I Take After an Accident in Omaha?

The actions taken in the hours and days following an accident significantly influence the strength of any subsequent claim. Insurance adjusters routinely look for grounds to deny or reduce claims, and seemingly minor missteps in the early stages can produce substantial complications later. The following sequence reflects the steps we recommend to clients.

1. Move to a safe location. If the accident involved a motor vehicle, relocate to the shoulder or other safe area when possible. Assess yourself and others for injuries before taking any further action.
2. Contact emergency services. A police response creates an official record of the incident. Officers document the scene, take statements from involved parties and witnesses, and record their preliminary assessment of fault. This step should not be skipped, even when the accident appears minor.
3. Obtain prompt medical evaluation. Many injuries do not produce immediate symptoms. Concussions, soft tissue trauma, and internal injuries may take hours or days to manifest, and a same-day medical evaluation creates an objective record connecting the injury to the accident.
4. Document the scene thoroughly. Photograph all involved vehicles, visible injuries, debris, road conditions, traffic control devices, and the surrounding environment from multiple angles. Physical evidence deteriorates and witness memories fade quickly.
5. Collect identifying information. Obtain names, contact information, addresses, insurance details, and license plate numbers from all parties involved. Witness contact information is equally important when witnesses are willing to provide it.
6. Report the accident to your own insurance carrier. Provide accurate factual information without speculation regarding fault, contributing causes, or the severity of injuries.
7. Exercise caution in communications. Avoid apologetic statements at the scene, which can be construed as admissions. Refrain from public posts on social media platforms, as insurance adjusters monitor such posts and routinely use them to dispute claims.
8. Preserve all relevant records. Maintain copies of medical bills, prescription receipts, employer documentation of missed work, vehicle repair estimates, and a contemporaneous written log of how the injury affects daily activities.
9. Decline recorded statements with the opposing carrier. Adjusters typically contact injured parties quickly and ask leading questions designed to elicit damaging admissions. There is no legal obligation to provide a recorded statement to the at-fault party’s insurer, and the conversation requires careful handling before any statement is given.
10. Consult with a personal injury attorney. Earlier involvement allows for evidence preservation, proper handling of communications with opposing parties, accurate calendar tracking of statutory deadlines, and timely engagement of necessary experts.

Personal Injury Statistics in Omaha

Personal injury constitutes a significant public health concern across Nebraska, and recent data reflects the scope of the problem. The National Highway Traffic Safety Administration maintains national crash data and reports tens of thousands of traffic fatalities each year on American roadways, along with millions of nonfatal injuries.

Nebraska has not been insulated from these national trends. According to the Nebraska Department of Transportation, traffic fatalities in 2024 reached the highest level since 2007. Distracted driving, alcohol and drug impairment, and speeding remained the most frequently cited contributing factors. Several Omaha intersections have drawn particular scrutiny from city officials and traffic safety advocates, with multiple locations consistently identified as high-frequency crash sites in municipal traffic studies.

Pedestrian and cyclist fatalities have climbed in parallel. National data published by the Governors Highway Safety Association indicates that pedestrian deaths have reached multi-decade highs, and Omaha has recorded its own losses within this trend. Cyclists encounter similar risks on roadways that were not designed with dedicated bicycle infrastructure.

Slip and fall accidents account for a substantial share of nonfatal injury claims. The Centers for Disease Control reports that falls are the leading cause of nonfatal injury for adults across all age groups, and the impact is particularly pronounced among older adults. Omaha’s winter conditions add seasonal risk for tenants, customers, employees, and pedestrians on poorly maintained walkways and parking surfaces.

Workplace injuries remain a significant component of personal injury practice. According to the Bureau of Labor Statistics, private sector employers report millions of nonfatal workplace injuries and illnesses each reporting year, with construction, transportation and warehousing, and manufacturing leading the industry rankings. Nebraska’s industrial, agricultural, and logistics sectors expose workers to many of these documented risks.

Traumatic brain injuries warrant separate attention given their frequency and severity. The CDC reports that traumatic brain injury contributes to a substantial share of injury-related deaths and long-term disabilities each year, with falls and motor vehicle crashes serving as the leading mechanisms of injury.

Omaha Personal Injury Lawyer FAQs

How much does it cost to hire a personal injury lawyer?

Our firm represents personal injury clients on a contingency fee basis, meaning the fee is calculated as a percentage of the recovery and is paid only if a recovery is obtained. There are no upfront costs and no hourly billing.

Is the initial consultation truly free?

Yes. Our firm does not charge for initial consultations. Prospective clients may discuss the facts of the case, present documentation, and receive a candid evaluation without any financial obligation.

How long do I have to file a personal injury claim in Nebraska?

Most personal injury claims must be filed within four years of the date of the injury. Wrongful death claims have a two-year deadline. Claims against governmental entities are governed by separate notice statutes with shorter timelines that frequently apply to public hospitals, municipal vehicles, and roadway claims.

What if I am partly at fault for the accident?

Nebraska’s modified comparative fault rule permits recovery if the plaintiff’s share of fault is less than the combined fault of the other parties. Damages are reduced proportionally to the plaintiff’s percentage of fault, and recovery is barred entirely at fifty percent or greater fault.

How long does a personal injury case take to resolve?

Resolution timelines vary substantially. Some cases settle within several months. Others, particularly those involving serious injuries, disputed liability, or complex medical issues, proceed over a longer period because complete recovery requires full development of the damages picture rather than a quick settlement.

Will my case go to trial?

Most personal injury cases resolve through settlement before trial. Our firm prepares each case as if it will be tried, however, because thorough trial preparation tends to produce stronger settlement positions and better outcomes when settlement is appropriate.

Should I accept the first settlement offer from the insurance carrier?

Initial offers from insurance carriers are typically substantially below the actual value of the claim. The adjuster’s role is to close claims at the lowest reasonable cost, and early offers reflect that institutional incentive rather than the merits of the case.

What if the insurance company denies my claim?

A denial is not the final word. Our firm responds with additional evidence, files suit when necessary, and requires the carrier to defend its decision. Many initial denials are reversed once litigation is commenced and the carrier evaluates its trial exposure.

Can I still pursue a claim if there was no police report?

Yes. A police report is helpful in establishing liability, but other forms of evidence support claims as well, including witness testimony, photographs, surveillance footage, medical records, and physical evidence.

What if the at-fault driver was uninsured?

Uninsured motorist coverage on the injured party’s own policy may apply. Underinsured motorist coverage applies when the at-fault driver carries insurance, but the policy limits are insufficient to cover the damages.

What damages can I recover for emotional distress?

Emotional distress falls within the category of non-economic damages and is recoverable in most personal injury cases. The quantum of damages depends on severity, duration, treatment history, and the practical effects on daily functioning.

Do I have to go to court if I retain your firm?

Court appearances are not required in most cases because most personal injury matters resolve through negotiation. When a case proceeds to trial, our firm prepares clients thoroughly for each phase, including depositions, mediations, and trial testimony.

What if my injury did not appear immediately?

Delayed-onset injuries are common, particularly in cases involving soft tissue trauma, concussions, and certain orthopedic conditions. Documentation should begin as soon as symptoms appear, and treating providers should be informed of the underlying accident.

Can I switch attorneys if I am not satisfied with current counsel?

Yes. Clients have the right to change attorneys at any point during the representation. The fee arrangement may require negotiation between the prior and successor firms, but the client’s right to substitute counsel is well established.

What factors make a personal injury case strong?

The strongest cases combine clear liability, well-documented injuries, credible witnesses, prompt and consistent medical treatment, and cooperative communication between the client and counsel. Cases lacking one or more of these elements remain viable but require additional preparation.

What to Expect With Your Personal Injury Case

The path of a personal injury case varies based on the specific facts, but the general framework remains consistent. Following the initial consultation, our firm opens a file and begins requesting medical records, accident reports, and insurance information from all relevant sources. Liability investigation proceeds in parallel with the client’s medical treatment, and we generally do not begin settlement discussions until the client reaches maximum medical improvement or the future medical picture is sufficiently clear. Once damages are fully documented, we prepare a demand package and open negotiations with the responsible insurance carrier. When negotiation does not produce a fair offer, suit is filed. Discovery, depositions, mediation, and trial preparation follow according to the court’s scheduling order. The majority of cases resolve before trial, although every case is prepared as though it will reach a jury verdict.

Throughout the process, our firm maintains active communication with clients. Calls are returned, status updates are provided regularly, and questions receive direct answers.

Important Local Resources for Omaha Personal Injury Victims

Several local resources may be useful following an accident. Inclusion of any organization in the list below does not constitute an endorsement; the information is provided for general reference only.

• Omaha Police Department – (402) 444-5600. Accident reports, traffic investigations, and police records.
• Nebraska Medicine – (800) 922-0000. Major academic medical center providing trauma and rehabilitation services.
• CHI Health Creighton University Medical Center – (402) 717-7400. Level I trauma center serving the Omaha area.
• Nebraska Department of Transportation – (402) 471-4567. Crash records, roadway information, and transportation safety data.
• Douglas County Court – (402) 444-7018. Filing information for civil actions venued in Douglas County.
• Nebraska Department of Insurance – (402) 471-2201. Consumer information and complaints regarding insurance carriers.

Contact Ausman Law Firm

Following a serious accident, the appropriate next step is a focused conversation with experienced counsel. Our consultations are free of charge, and we represent personal injury clients on a contingency fee basis, with no fee due unless and until a recovery is obtained. We will review the facts of your case, explain the available legal options under Nebraska law, and provide a candid assessment of value. Contact us to schedule your free initial consultation. Inquiries receive prompt responses, and the firm will outline what to expect from the early stages through final resolution.