FAQ

Get Answers to “Should I Report An Accident at Work?” and Other Frequently Asked Questions about Your Injury.

Should I Report An Accident at Work?

Yes, and do so as soon as practical! Some folks wait to report their accident/injury, and for various reasons. Some may wait because they don’t want to rock the company boat, while others will wait until they deem their injury “serious enough.” Here’s the problem with this approach: Workers’ compensation laws require employees to provide their employer with notice of his/her injury as soon as practical. If the insurance company does not believe you have provided notice as soon as practical, benefits may be denied even if the your case is otherwise legitimate. If you have suffered a workplace accident/injury, report it to your employer as soon as practical.

Why Should I Hire A Lawyer?

Accident victims are not required to retain a lawyer.  However, the benefits of using a qualified injury lawyer are considerable.  Here are just a few ways a qualified injury lawyer will help you:

1)    Maximize your monetary recovery from the adverse insurance company;

2)    Locate other potential sources of recovery. Individuals who choose not to use a lawyer frequently overlook other possible sources of recovery, such as additional policies available from the at-fault party, or in some cases, first-party coverage, such as medical payments coverage, and uninsured/underinsured motorist benefits; and

3)    Minimize your payback obligations. When an injury case resolves, accident victims will often owe monies to doctors or hospitals, or they may be required to reimburse their health insurance company. We will negotiate directly with these parties to reduce the amount of your payback obligation, thereby increasing your bottom line.

Can I Get A Free Consultation?

You bet! Give us a call. We’re happy to speak with you about your prospective case. We do not charge a fee for a consultation. Schedule your free consultation now.

How Do I Pay You?

We take all of our cases on a contingency fee basis, meaning that we do not get paid unless and until you recover. In the event you recover payment for your losses, you pay us based upon a percentage of your recovery. If you do not recover a payment, then you do not owe us an attorney’s fee.

Do I Have A Case?

It depends upon the specific facts of your case. We have talked with several folks who did not think they had a case because that is what the insurance company told them. Please understand that insurance companies are not in business to educate you regarding the law and ensure that you receive a fair compensation for your losses. Accident victims may very well have legal claims even when those claims are not obvious. Because injury cases are so fact-specific, the best advice we can provide is to consult with a qualified injury lawyer. The lawyers here at Ausman Law Firm are happy to provide you with a free consultation.

What Is My Case Worth?

This depends upon the specific facts of your case. Many folks come into our conference room thinking their case is worth some multiplier of their medical bills. That simply is not the case. We tell our prospective clients that it is nearly impossible (and almost always irresponsible) to value their case until the full nature and extent of their injuries are ascertained, and all relevant information and documentation collected and reviewed. This often takes time. Even then, many factors must be considered.  For example, is liability clear? How much insurance is available? Can I use my own insurance if the negligent party does not have enough insurance to cover my losses? Will I require future medical? There are a lot of moving parts to these cases.  A qualified injury lawyer will help you navigate through these complex issues.

How Long Will My Case Take?

The answer to this question will also depend upon the specific facts of your case.  The status of your medical treatment will play an important part.   Whether the insurance company is willing to pay you a fair compensation without the need for a lawsuit will play an important part.  The amount of insurance coverage available to cover your losses will play an important part.  Cases that resolve without the need for a lawsuit may resolve within weeks or months, whereas cases that result in a lawsuit could take months or even years to complete.  While no general timeline applies for an injury case, our clients may rest assured knowing that we will work diligently to ensure a fair and timely resolution.

Can I Still Recover If I Am Partially At Fault?

The answer to this question depends upon your jurisdiction. The comparative fault laws in both Nebraska and Iowa allow an individual to recover even if they are partially at fault. However, comparative fault laws are very particular in terms of whether one can recover, and may limit recovery depending upon the percentage of fault you bear. Many times, an insurance company will simply tell you they do not owe you anything because the accident was your fault. As you now know, that may not be the case. Consult with a qualified injury lawyer before simply accepting the insurance company’s word for it. At Ausman Law Firm, we have recovered money damages for numerous clients who were initially told “no” by an insurance company.