Nebraska Personal Injury Legal Questions

You should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  If ten months have already passed, you do not have much time to allow an attorney to investigate the case, so do not delay any further.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

It may be possible to get her "disability payments" or her vehicle to reimburse your for your injuries and medical expenses. Unless she voluntarily pays you, you would first have to sue her and obtain a judgment. You then would have to try and collect on your judgment. As this Law Area is "Auto Accident" the various methods and procedures to collect a judgment is beyond the scope of this topic. In general, you can try to garnish her bank account or try to have her vehicle seized and sold. You need permission from the court to obtain the vehicle. Bank accounts with only "Disability payments" in them are usually exempt from garnishment. If you have Uninsured Motorist coverage on your motorcycle you can collect for your injuries and medical expenses from your own insurance company under this coverage. You should contact an attorney to discuss your rights and how you might be able to collect money for your accident.... Read Answer

Nebraska law is clear as to your duty. Below is the law pertinent to your situation. 60-696. Motor vehicle; accident; duty to stop; information to furnish; report; powers of peace officer; violation; penalty. (2) The driver of any vehicle involved in an accident upon a public highway, private road, or private drive, resulting in damage to an unattended vehicle or property, shall immediately stop such vehicle and leave in a conspicuous place in or on the unattended vehicle or property a written notice containing the information required by subsection (1) of this section. In addition, such driver shall, without unnecessary delay, report the collision, by telephone or otherwise, to an appropriate peace officer. (4) Any person violating subsection (1) or (2) of this section is guilty of a Class II misdemeanor. If such person has had one or more convictions under this section in the twelve years prior to the date of the current conviction under this section, such person is guilty of a Class I misdemeanor. As part of any sentence, suspended sentence, or judgment of conviction under this section, the court may order the defendant not to drive any motor vehicle for any purpose in the State of Nebraska for a period of up to one year from the date ordered by the court. If the court orders the defendant not to drive any motor vehicle for any purpose in the State of Nebraska for a period of up to one year from the date ordered by the court, the court shall also order that the operator's license of such person be revoked for a like period.... Read Answer

You are correct that there is no exact formula for pain and suffering, and ultimately, the only opinion on that issue that would matter is a jury's opinion. In addition, you could put 10 different attorneys in a room and get 10 different opinions as to value. That all being said, given the facts you cite in your husband's case, a total settlement of $20,000 to $25,000 would be a reasonable settlement, in my humble opinion. (This settlement amount would include all elements of damages - lost wages, medical expenses, property damage, and pain & suffering.)... Read Answer