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Forbes Advisor
Best Personal Injury Lawyers Lincoln, NE Of 2024
By Contributor Reviewed,
10 hours ago
Written By
Valerie Catalano, J.D.
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
People in Lincoln, Nebraska have accidents every day, including slipping and falling in the grocery store and distracted driving car wrecks. These incidents overwhelm victims with a barrage of short- and long-term disruptions, which can include time off from work for recovery and facing the stress of mounting medical bills.
If you find yourself in this situation, filing a personal injury lawsuit can help you secure the compensation you need. Here are the best 10 personal injury lawyers in Lincoln, Nebraska and important laws related to these cases you should know.
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Best Lincoln Personal Injury Lawyers
Lee S. Loudon
NE Bar Association Status
Active
Year Admitted to NE Bar
1989
Law School Attended
University of Nebraska College of Law
Why They Made Our List
Practice Areas
Notable Facts and Recognitions
Vince Powers
NE Bar Association Status
Active
Year Admitted to NE Bar
1979
Law School Attended
University of Nebraska College of Law
Why They Made Our List
Practice Areas
Notable Facts and Recognitions
Terry C. Dougherty
NE Bar Association Status
Active
Year Admitted to NE Bar
1973
Law School Attended
University of Nebraska College of Law
Why They Made Our List
Practice Areas
Notable Facts and Recognitions
Jeffrey Lapin
NE Bar Association Status
Active
Year Admitted to NE Bar
1997
Law School Attended
University of Nebraska College of Law
Why They Made Our List
Practice Areas
Notable Facts and Recognitions
Elizabeth A. Govaerts
NE Bar Association Status
Active
Year Admitted to NE Bar
1994
Law School Attended
University of Nebraska College of Law
Why They Made Our List
Practice Areas
Notable Facts and Recognitions
Rod Rehm
NE Bar Association Status
Active
Year Admitted to NE Bar
1973
Law School Attended
University of Nebraska College of Law
Why They Made Our List
Practice Areas
Notable Facts and Recognitions
Kathleen M. Neary
NE Bar Association Status
Active
Year Admitted to NE Bar
1993
Law School Attended
University of Nebraska College of Law
Why They Made Our List
Practice Areas
Notable Facts and Recognitions
Jefferson Downing
NE Bar Association Status
Active
Year Admitted to NE Bar
1990
Law School Attended
University of Nebraska College of Law
Why They Made Our List
Practice Areas
Notable Facts and Recognitions
Joel D. Nelson
NE Bar Association Status
Active
Year Admitted to NE Bar
1997
Law School Attended
University of Nebraska College of Law
Why They Made Our List
Practice Areas
Notable Facts and Recognitions
Audrey R. Svane
NE Bar Association Status
Active
Year Admitted to NE Bar
2015
Law School Attended
University of Nebraska College of Law
Why They Made Our List
Practice Areas
Notable Facts and Recognitions
Compare Top Lincoln Personal Injury Attorneys
Lawyer NameNE Bar Association StatusYear Admitted to NE BarLaw School AttendedLearn More CTA textLearn more CTA below text
Lee S. Loudon Active 1989 University of Nebraska College of Law
Vince Powers Active 1979 University of Nebraska College of Law
Terry C. Dougherty Active 1973 University of Nebraska College of Law
Jeffrey Lapin Active 1997 University of Nebraska College of Law
Elizabeth A. Govaerts Active 1994 University of Nebraska College of Law
Rod Rehm Active 1973 University of Nebraska College of Law
Kathleen M. Neary Active 1993 University of Nebraska College of Law
Jefferson Downing Active 1990 University of Nebraska College of Law
Joel D. Nelson Active 1997 University of Nebraska College of Law
Audrey R. Svane Active 2015 University of Nebraska College of Law
Filing a Personal Injury Lawsuit in Lincoln, Nebraska
Through a personal injury claim, you can secure both economic and noneconomic damages. Economic damages cover tangible, out-of-pocket expenses directly resulting from your injuries, including medical expenses, lost wages and property damages. Noneconomic damages compensate for intangible losses that don’t have a specific dollar amount, such as pain and suffering, emotional distress and loss of enjoyment of life.
Below, we outline some important laws for filing personal injury claims in Lincoln. Understanding these laws can help you build a strong case and ensure you receive the compensation you deserve.
Nebraska Statute of Limitations for Personal Injury Cases
Nebraska sets specific time limits for victims of personal injury incidents to file lawsuits. This is known as the statute of limitations, a legal framework that serves several purposes: It notifies defendants of impending civil actions against them and ensures cases are brought to court while evidence is still accessible. Once the statute of limitations expires, victims typically lose the right to pursue legal action against the defendants.
In Nebraska, the statute of limitations for personal injury lawsuits is generally four years from the date of the incident. This period typically applies to injuries resulting from situations like auto accidents, animal attacks, product liability and slip-and-fall accidents. However, there are exceptions.
Assault and battery. The statute of limitation for injuries arising from these attacks is one year.
Medical malpractice. You have two years from the date of the incident or one year from the date the injury was—or should have been—discovered, whichever is earlier. Overall, medical malpractice claims cannot be filed more than 10 years after the incident.
Wrongful death. If an injury results in death, the deceased person’s estate can bring a wrongful death claim within two years from the date of death.
Minors. If the injured person was a minor at the time of the incident, the four-year statute of limitations starts when they turn 19.
Government claims. Claims against government-owned vehicles like police cars must be filed within one year.
Work-related injuries. Victims typically have two years to file a workers’ compensation claim for injuries occurring on the job.
Nebraska Personal Injury Laws
There are several rules and laws that can influence your claim if you plan to file a personal injury lawsuit in Nebraska.
Modified comparative negligence law. Nebraska applies modified comparative negligence when determining fault in personal injury cases. Under this doctrine, the amount you receive is reduced by the percentage of your fault contributing to the accident. If you are found to be 50% or more at fault, you cannot recover any damages. For example, if your brake light wasn’t working in an accident where you were rear-ended and the court determines you are 20% at fault, you will only receive 80% of the final damages settlement. However, if the court assigns you 50% fault or higher for an accident, you will not receive any damages.
Damage caps. Damage caps limit how much you can receive in compensation from a personal injury claim. Nebraska doesn’t place caps on economic or noneconomic damages for most personal injury claims, except for medical malpractice cases, where both types of damages are capped. For these claims, your economic and noneconomic damages combined cannot exceed more than $2,250,000 for any occurrence after December 31, 2014.
Presuit requirement. Before you can file a medical malpractice claim, Nebraska requires you to submit a claim to a medical review panel, which will consider all the evidence you provide and offer a decision within 30 days about whether they believe malpractice occurred.
Personal Injury Settlement Considerations
Most personal injury claims in Nebraska are settled out of court through negotiations that your lawyer leads. Here are key timeframes for the settlement process with insurance companies
Acknowledgment. Insurance companies must acknowledge receiving your claim within 15 working days.
Decision. They have 15 working days to make a decision after receiving all required forms.
Final payment. If they approve the claim, they must make the final payment within 15 days.
Taxation of Settlements
The personal injury settlement you receive is generally nontaxable if it compensates for physical injuries or sickness. However, there are exceptions.
Lost wages. Compensation for lost wages is taxable, as this money is considered income.
Punitive damages. Punitive damages are taxable. These damages can be awarded in cases where the defendant’s actions demonstrate willful recklessness or egregious misconduct. Punitive damages are intended to punish the defendant rather than compensate for the plaintiff’s losses.
Attorney Fees
Attorney fees for personal injury cases are typically based on a contingency fee agreement, wherein the attorney receives a percentage of the settlement or award. These percentages generally range from 33% to 40%, and the amount can vary based on the complexity and duration of the case, including whether the matter is settled quickly or proceeds to trial. The attorney deducts their fees from the final settlement.
How Can An Attorney Help You?
When you are seriously injured due to another person’s fault, a personal injury attorney can win you the financial relief you need to cover your losses fully. They have the expertise to foresee legal issues and address them swiftly before they hinder your case’s progress.
As you focus on your recovery, your attorney will handle every aspect of your case—gathering evidence, completing paperwork, negotiating with insurance companies and, if necessary, representing you in court.
A personal injury claim seeks compensation beyond just medical bills and lost wages. An experienced lawyer will investigate how the incident affected your normal life and identify all compensable damages to maximize your case’s value.
By shouldering these responsibilities, your attorney can make navigating the legal system and obtaining the best compensation easier.
How To Find the Best Personal Injury Lawyer in Lincoln, NE
Specialization. How you incurred your injury matters when choosing a lawyer. If you were in a car accident or a dog bit you, look for an attorney who handles that specific type of case. Specialized expertise means a lawyer is well-versed in your incident’s relevant laws and procedures.
Success rate. Look through attorneys’ case results to assess the outcomes they achieved for previous clients, including verdicts and settlements. A high success rate indicates lawyers’ ability to advocate for their clients effectively.
Trial experience. The attorney you choose should have experience representing individuals in court. Depending on how complex your case is, you may need a lawsuit and trial to secure the compensation you deserve.
Communication skills. Your attorney should excel in both written and verbal communication. They must be able to convey ideas and information to you clearly and promptly. They should also keep you informed about the progress of your case.
Fee structure. Ask lawyers about their fee structures, including whether they charge hourly, flat rate or contingency fees. Knowing how much you can expect to pay for their legal services helps you plan financially and ensures no surprises later on.
Our Methodology for Finding the Best Lincoln Personal Injury Attorneys
Forbes Advisor ranked attorneys offering services in personal injury law within a 50-mile radius of Lincoln, Nebraska using data points across the categories of qualifications, experience, reputation, client experience and diversity and inclusivity. We pulled data for these categories from reliable, third-party resources such as state bar associations and individual firm websites. Data is accurate as of June 2024.
We evaluated attorneys based on the following metrics.
Qualifications (15%):
Active business license
Public records check
Practice areas
Overall reputation of law school
Experience (15%):
Years of membership in state bar
Ethics and bar disciplinary history
Reputation (30%):
High regards in top legal publications
Positive reviews
Accolades from colleagues
Client Experience (25%):
Free consultations
Diversity and Inclusivity (15%):
Bilingual services
We considered only attorneys without disciplinary history who have been licensed for at least five years.
Frequently Asked Questions (FAQs) About Personal Injury in Lincoln
What percentage do most personal injury lawyers take in Lincoln?
What is the statute of limitations on personal injury in Lincoln, Nebraska?
Can you sue for pain and suffering in Lincoln, Nebraska?
The information on this page does not constitute legal advice, nor does use of or access to this page create an attorney-client relationship between any parties. Information provided on Forbes Advisor is for informational purposes only. Your legal situation is unique and the attorneys and services we rank may not be right for your circumstances. Consult with an attorney to obtain advice on your particular legal matter.
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