Frequently Asked Questions
What is the political subdivision Tort Claims Act and should I care? The short answer is yes, you should care because it's going to affect the statute of limitations on your claim. It's important to define what a political subdivision is that way, you know where your claim lies.
A subdivision is city, county, villages, schools, certain administrative agencies. All those are treated under the act differently. Now, if you do sustain an injury or an accident with one of those individuals that I've named, then you have one year from the date of your injury to file a written notice, written claim to that subdivision. If you don't, then your claim is forever barred.
How long will my personal injury claim or lawsuit take? There's no straight answer to this question.
That depends on you, that depends on how long you take to get better or if you're never going to get all the way better, how long it takes to get to a point where we can reasonably determine what your future looks like; what additional medical care you require, what that'll cost and what permanent restrictions or impairments you have.
Should I take an insurance company’s first offer? The answer to that is almost universally no. The reason for that is the insurance companies like to get in early and offer you a lowball offer in the hopes that they can get you to sign a release of liability waiver. Once that happens, you're out of luck.
The reason that they send these lowball offers is because you haven't had a chance yet to properly evaluate your claim. You might still be treating, you might need future medical. There's also the possibility that you've been permanently damaged and you need a doctor to assess that.
Maximum medical improvement or MMI is the point in your injury where you're about as good as you're going to get which means you're not likely to get much better and you're not likely to get much worse.
It doesn't mean that you're all the way better and so for that reason, maximum medical improvement is the point at which your permanent disability benefits are determined.
What is my Nebraska workers’ compensation claim worth? In order to answer that question, we have to know the specific facts of your case. A lot of factors go into the value of a workers’ compensation case.
First of all, money benefits that are paid to you are based on your wages before the accident. That amount is used then to determine both your temporary disability benefits and your permanent disability benefits.
Can a child custody order be modified? Yes, it can. In order to modify a child custody order, you have to show what's called a material change in circumstances.
Now, simply stated what that means is something has to happen. An unanticipated change that if the judge or the parties knew about it when they made the original order, they would have decided differently.
How long do you have to bring a personal injury claim in Nebraska? Well, it depends on two things.
First of all, who are you suing and second of all, what are you suing them for? If it's just general negligence and you're suing a private person or corporation, it's four years from the date of accrual of the claim or the date of the accident.
What if the work comp accident was my fault? In Nebraska, the law is clear. If you caused an accident at work and it was your fault, you can still recover workers’ compensation benefits.
A common question we receive is why do I need a lawyer for my divorce? It's a pretty simple question unless you have a very basic divorce without children or any significant assets, it's important to have a lawyer to customize your divorce decree and parenting plan to you.
What kind of insurance coverage is available in Nebraska personal injury case? The first and primary kind is liability insurance. That's the insurance that the liable party carries to cover the damage that they caused. If they don't have liability insurance or that insurance is insufficient, there are other sources of coverage for instance med pay.
So, what can a Nebraska workers’ compensation attorney do for you? Simply stated, we can make sure that you're being treated fairly by the employer in the insurance company. Now, what that means is we can make sure that you're getting the medical treatment that you need for all of the injuries that were caused by the work accident. If there's some secondary injuries such as depression or referred pain, we can make sure that you're getting treated for those things as well.
There is a 3-step process and the first step is to categorize what assets and debts we’re dividing. There’s marital, non-marital and pre-marital. Marital is all the assets and debts that were acquired during the course of the marriage, non-marital are assets and debts that were acquired during the course of the marriage but for some good reason, are not contained in the marital estate, and then pre-marital is all the assets and debts that we had before the marriage.
To learn more about this process, please watch the video or contact us at 402-933-3345. Justin High, Divorce Attorney Omaha, NE
As an attorney, I can do a lot for you that you don't know to do yourself. I can take the burden of the insurance adjuster off your hands to stop all communication between them and you.
Also, we can help you get to the best doctors, collect your bills and increase the value of your case by getting experts on board and medical treatment for you that you wouldn't otherwise know you need. To learn more, please contact Personal Injury Attorney Frank Younes at 402-933-3345.
How is child custody determined in Nebraska? First, it's important to acknowledge that there are two types of child custody. There's legal custody which is decision-making power and physical custody which is where the child spends their time and on what schedule. In determining these two types of custody, the court looks to the best interests of the children based on the totality of the circumstances.
To learn more about this process, please review the video - Omaha, NE Child Custody Attorney
A lawyer provides valuable insight into the DUI system and Nebraska courts. First, the Nebraska DMV has an administrative case against you in addition to your criminal case for license suspension. A lawyer can help you determine whether you should protest that administrative case.
Secondly, a lawyer can help you on the criminal case. If you have received a DUI, do yourself a huge favor and contact us at High & Younes, Omaha DUI Attorneys at 402-933-3345.
Please watch the video to learn more.
There are many steps in a personal injury case starting with submitting a letter of representation to insurance companies, accumulating medical records and medical bills, evaluating the case, submitting a demand to insurance company and many other steps, please watch the video to learn more.
In some cases you may need a lawyer to help you out. We will send a letter of representation to take the burden of working with a claims adjuster off of you. We may also have to file a petition (lawsuit) to put pressure on to resolve the case. Trials for workers' compensation cases in Nebraska are held by a judge. The judge will determine what benefits you are entitled to and they will create a written order. Please watch the video to learn more.
How is child support calculated? Learn a little about child support calculation guidelines, income and deduction considerations, custody arrangements and basic or joint calculations. Please watch the video to learn more.
Learn about aggravated and non-aggravated DUI's, plus blood alcohol content levels and penalties. Please watch the video to learn more.
What benefits can I receive in a workers compensation case? Workers' Compensation Attorney Omaha NE - Justin High of High & Younes LLC explains some of the benefits from workers compensation cases, including temporary disability benefits, medical care and other job-related benefits.
Do I need a lawyer for my DUI? - A lawyer provides valuable insight into the DUI system and Nebraska courts. First, the Nebraska DMV has an administrative a case against you in addition to your criminal case for license suspension. A lawyer can help you determine whether you should protest that administrative case.
Secondly, a lawyer can help you on the criminal case. If you have received a DUI, do yourself a huge favor and contact us at High & Younes, Omaha DUI Attorneys at 402-933-3345.
If you are involved in a car accident there are certain thins you should do, this video helps explain what those are. This video is courtesy of High and Younes Attorneys in Omaha, NE
Who pays for my medical bills when I've been in an accident. This video by High and Younes Attorneys in Omaha NE explains some of the options related to who pays medical bills after an accident.
This video will walk you through the basic steps of filing for a divorce.
How will a DUI affect my license? Omaha NE - Your license will be taken away from you and suspended. You will be able to drive for 15 days when you should get your ignition interlock device. Please watch the video for more information.