Omaha Drunk Driving Accident Lawyer

How Can an Omaha Drunk Driving Accident Lawyer Help You?

You may need a lawyer to help you understand your rights as the victim of a drunk driving accident in Omaha. The insurance company of the drunk driver will do its best to avoid paying you fair financial compensation for your bills.

A knowledgeable attorney will be well-versed in drunk driving laws and their evolution, including historical developments and current statutes. You can use an attorney to negotiate a fair settlement agreement for you.

Your attorney will communicate with the insurance company and demand maximum compensation on your behalf. Your lawyer can also help you gather evidence against the drunk driver, such as a police report or drug and alcohol test results.

Most importantly, drunk driving accident lawyers can make sure that you have everything you need to recover from the accident and get through this traumatic time.

What Compensation Can You Obtain After Drunk Driving Accidents?

As the victim of a drunk driving accident, you are entitled to recover the following from the responsible party:

• Medical expenses

• Lost wages

• Future earnings

• Pain and suffering

• Loss of consortium

In cases where the accident results in serious bodily injuries, the compensation can be significantly higher due to the severity of the injuries and the long-term impact on the victim’s life.

A drunk driving attorney will be able to assist you in putting together a claim for your injuries and can help calculate the true amount of damages as a result of the accident.

How Do You Prove Fault Against a Drunk Driver?

To win a car accident case of any type in Nebraska, the plaintiff must establish the elements of a personal injury lawsuit. These elements are a duty of care, breach of duty, causation and damages.

• The duty of care refers to the responsibility that all drivers have to safely and correctly operate their motor vehicles.

• A breach of duty refers to any action or omission that goes against the obligation of care, including driving under the influence of drugs or alcohol.

• Causation is proof that the car accident would not have happened but for the defendant’s breach of duty.

• Damages refer to compensable losses suffered by the plaintiff.

Catastrophic injuries, such as brain damage and spinal cord injuries, can result from DUI accidents, placing a significant financial and emotional burden on victims due to the negligence of drunk drivers.

You need to prove each of these four elements are more likely true than not to win your drunk driving accident case.

Evidence that may be available in cases against drunk drivers include:

• Breath, blood or urine test results

• A copy of the police report 

• A ticket issued to the driver for reckless driving or another infraction

• Police bodycam footage of a field sobriety test

• The driver’s confession or admittance of guilt

• A DUI arrest or criminal conviction

• Courtroom evidence

• Eyewitness statements

• Photographs and video footage

• Expert testimony

Proving that the other driver was intoxicated is not enough to win a personal injury lawsuit in itself. In many cases, however, proving intoxication can at least establish that the driver breached his or her duty of care.

From there, you may need an attorney’s assistance to craft a compelling argument that this breach of duty is what caused your car accident. 

We can help you search for, preserve and collect evidence to support your DUI car accident case. We can conduct a comprehensive investigation of the accident to seek evidence against the drunk driver or other defendants.

Then, we can use descriptive storytelling to demonstrate that the defendant is responsible for your harm.

Recovery After Drunk Driving Accident Injuries

Drunk driving accidents unfortunately have the tendency to be much more severe to the victim of the accident than to the responsible party. However, the person responsible for the accident should be held liable for any resulting injuries from the accident.

These accidents often result in serious injuries, including traumatic brain injuries, spinal cord injuries, fractures, internal injuries, and emotional trauma. The long-term consequences of these injuries can be devastating, leading to substantial medical costs and loss of income.

Drunk driving accidents can cause the following types of injuries:

• Broken bones

• Burns

• Concussions

• Internal organ injuries

• Spinal cord injuries

• Catastrophic injuries

• Traumatic brain injuries

Many of these injuries are quite severe and can result in extended hospital stays as well as rehabilitation after discharge.

As the victim of a drunk driving collision, you are entitled to seek the following from the responsible party:

• Medical expenses

• Lost wages

• Future earnings

• Pain and suffering

• Loss of consortium

Victims who suffer serious bodily injuries in a car accident caused by a drunk driver may be entitled to additional compensation due to the severity of their injuries and the long-term impact on their lives.

A drunk driving attorney will be able to assist you in putting together a claim for your injuries and can additionally help calculate the true amount of damages are as a result of the accident.

Drunk driving accidents are often brought in both criminal and civil court since drunk driving is an illegal offense. However, the result of the criminal court proceeding does not dictate the result of the civil court proceeding.

Civil courts have a lower burden of proof, and therefore it is often easier to recover from the drunk driver in civil court than it may be to receive a criminal court penalty.

How Long Do You Have to File a DUI Accident Claim in Nebraska?

There is a deadline on your right to file a drunk driving accident injury claim in Nebraska. Under Nebraska Revised Statute Section 25-207, you have no more than four years from the date of the car accident to file a claim for personal injuries or property damage.

If your loved one passed away in a fatal DUI accident, you have four years from the date of his or her death (not necessarily the date of the accident) to bring a wrongful death cause of action. 

It is important to meet the statute of limitations on your car accident case, as missing the time limit will generally mean giving up your right to seek financial compensation. Note that there are unique situations, however, where you may have more or less time than four years to file a lawsuit.

This is why you should contact our Omaha attorneys as soon as possible about potential personal injury claims.

Contact Knowles Law Firm for Your Drunk Driving Claim

If you or a loved one have been injured in a drunk driving accident, do not hesitate to contact the Knowles Law Firm. Our Omaha drunk driving accident lawyers have years of experience in handling drunk driving claims and understand just how devastating these car accidents can be.

Drunk driving accidents often result in terrible injuries and potentially loss of life to the drivers who were following all traffic laws and often relatively few injuries to the drunk driver.

Contact our Omaha law firm today for your initial free consultation during which we will go through the facts of your case and begin to put together your claim.