Personal Injury - Frequently Asked Questions

Below are some frequently asked personal injury questions. Contact personal injury lawyer Stephanie Flynn or call (402) 325-8469 to discuss your personal injury case.

How do I know if I have a personal injury case?

If you or a loved one has been injured due to the fault or negligence of another person, you or your loved one may be entitled to compensation. Personal injuries can be caused by automobile accidents, car accidents, motorcycle accidents,  and slip and fall accidents, just to name a few. 

There may be circumstances preventing you from making a claim for compensation. If your injuries are due to your own fault, your claim may be reduced or barred. The passage of time could also preclude you from making a claim. Every case is different so it is important to consult with a personal injury attorney to discuss any claims you may have.

How much is my personal injury case worth?

There is no specific formula to determine the value of a personal injury case. Therefore, there is no way to give a specific amount without investigating your case further. In some cases, it may be necessary to employ specialists and experts to assist in proving the value of your damages.

What affects how much my personal injury case is worth?

There are many factors that can affect the value of your case. One of the most important factor that will affect the value is the nature of the injuries you sustained. The more serious the injury, the higher the value of the claim. Your age can also affect your claim. Typically, the younger you are the higher the value of the claim, as a younger person will have more future pain and suffering and loss of income than an older person will.

If your case proceeds to trial, credibility and witness testimony can also affect the value of your case.  Jurors will judge you, the defendant, and the witnesses when determining a damage award. If claims are not supported by evidence, jurors will question the credibility of the injury and the witnesses testifying at trial.  

Finally, if you were in any way at fault to your injury, the amount of your damages could be reduced based on your amount of fault.

How long will my personal injury case take?

A few months to several years. You don't want to settle your case until you are done receiving medical treatment, as the amount of your medical bills affects the amount of your claim. In order to get just compensation for all damages, some cases must go to trial as insurance companies do not always offer fair settlement amounts. If you are in a hurry to get a settlement, you may end up accepting less money than your case is worth.

How long do I have to settle my personal injury case?

The statute of limitations limits is the amount of time you have to file a lawsuit. In Nebraska, when someone suffers a personal injury, the statue of limitations typically expires four years from the time of the injury. That means an injured person has four years from the time of the injury to file a claim or a lawsuit. Be aware that certain injuries have different statues of limitations.  Contact a personal injury attorney to verify what the statute of limitations is in your specific case. 

What should I do if I slip and fall?

Inspect the area to see if you can determine what caused you to fall. Take notes of what happened, the conditions of the area in which you fell,  and the names, addresses and phone numbers of anyone who saw you fall and were present after you fell. If possible, take pictures of the place where you fell to show the condition of the location at the time of your injury. If the injury occurred in a place of business, contact a manager or supervisor to make a record of the incident. After you have received appropriate immediate medical care for your injuries, contact a personal injury attorney to help you receive compensation for your injuries.

What should I do if I am involved in a car accident?

Contact the police to report the accident and seek medical treatment for any injuries. Don't delay getting treatment for your injuries sustained from a car accident, as it can make it hard to prove that your personal injury was the result of the car accident.  

Don't try to move cars, trucks, or motorcycles until authorities have arrived; then follow their directions for removal of automobiles. Document what happened and collect insurance information for all individuals involved. If possible, take pictures of the accident. 

Report the accident to your insurance company as soon as possible after the accident occurred. Don't sign any paperwork or settle your claim until you've consulted with a personal injury lawyer. Insurance companies will typically try to settle your case as soon as possible to limit the amount paid out.  

How is the damage to my vehicle determined?

Vehicle damage is determined by the cost to repair the vehicle or the fair market value of your vehicle, whichever is less. The fair market value of your vehicle is determined by the blue book value. This value can be found on websites such as NADA and Kelly's Blue Book.

If you have other questions regarding your personal injury, contact Lincoln personal injury attorneys at Stephanie Flynn Law or call (402) 325-8469 for experienced legal help.