3 Ways to Pursue a
Personal Injury Claim
Generally speaking, there are three ways that you can pursue a personal injury claim:
File a Claim Against Your Own Insurance Policy
If you have medical payment benefits, you can access those benefits without a requirement to establish fault to help pay medical expenses while you settle your claim against a negligent party. If the at-fault driver had no insurance or not enough to fully compensate you for your damages, you can file a claim against your own uninsured (UM) and underinsured (UIM) motorist coverage. Nebraska law requires auto owners to carry at UM/UIM coverage of at least $25,000 per person and $50,000 per accident.
File a Claim Against The
Other Party's Insurance
You can also choose to file a claim against the bodily injury liability insurance coverage of any other negligent parties involved in the accident. This would include auto insurance, premises liability insurance, and umbrella policies.
File a Civil Lawsuit
Another option is to file a civil lawsuit against all negligent parties and their insurers. If the negligent party’s insurance company will not settle your claim, you can choose to file a lawsuit in the appropriate Nebraska civil court. The defendant’s insurer will defend its insured and hire attorneys to that end.
Damages the Injured
Party May Recover
Injured parties may recover both economic and non-economic damages. Economic damages are those with a definitive price tag, including medical expenses, lost income, property damage, and reduced earning potential due to disability.
Non-economic damages are those that are typically more difficult to place a price on, including compensation for pain and suffering, emotional distress, loss of enjoyment of life, loss of companionship, and physical impairment and disfigurement.
Put an Experienced
Attorney In Your Corner Today
The most critical component of any personal injury claim is proving negligence which, in turn, proves liability. In some cases, this evidence can be extremely difficult to document. Even in cases when liability is obvious, the insurer of the negligent party will work diligently to prove fault on the part of the injured party as well. After all, insurance companies make profits by denying compensation to those injured by their insureds.
Experienced personal injury attorneys know how to fully investigate the circumstances surrounding the accident that led to your injuries. Your attorney can build a case, quantify your damages, and aggressively pursue compensation on your behalf. If you’ve been injured in an accident, you need an experienced attorney who will not back down from insurance company lawyers. Someone who knows how to protect your rights and successfully present your case to a jury, should your case ever go to trial.
At Salerno & Leavitt, we are staunch advocates of our clients from the moment they ask us to represent them. We know how insurance companies work to devalue claims, and we aren’t afraid of going to court to seek the compensation you deserve. We have represented hundreds of clients from Omaha, Nebraska, and Council Bluffs, Iowa, and beyond. If you or someone you know is looking for legal help following an accident, call or reach out to our firm today to schedule a free case consultation.