Personal Injury Lawyer in Omaha
Multiple Million-Dollar Results. Trial-Ready Attorneys Licensed in Nebraska & Iowa.
When someone harms another person through careless, reckless, or wrongful conduct, they can be held legally and financially accountable. By filing a personal injury claim, you can seek fair compensation for your damages: medical expenses, lost income, and pain and suffering you experienced as a result of the accident.
At Carlson & Blakeman, LLP, our Omaha personal injury attorneys are licensed in both Nebraska and Iowa and have decades of experience standing up for injured individuals and the families of those who have lost loved ones to another party’s negligence. We have secured multiple million-dollar and multi-million-dollar verdicts and settlements for injured clients across Nebraska and Iowa.
We’re not afraid to go up against insurance companies and their defense teams, and we’re prepared to take your case to trial if that’s what it takes. Led by founding attorney Clete W. Blakeman, our personal injury team has the experience, leadership, and resources to fight for you and your recovery. Services are available in English and Spanish.
If you or someone you love was injured due to someone else’s negligence, call (402) 858-0996 or contact us online to schedule a free initial consultation with one of our Omaha personal injury attorneys. Hablamos español.
Who Can File a Personal Injury Claim?
Most personal injury claims are brought on the grounds of negligence. To succeed on a negligence claim, there are several things you must prove.
You may have a personal injury case if you can establish each of the following elements:
- Duty of Care: You must show that the defendant owed you a duty of care: that is, a responsibility to take reasonable measures to prevent you from being harmed.
- Breach of the Duty of Care: You must prove that the defendant breached that duty, whether through negligent action, omission, wrongful conduct, or intentional harm.
- Causation: You must show that the defendant’s conduct was the direct or proximate cause of your injuries: that you wouldn’t have been hurt had they acted differently.
- Damages: You can only seek compensation if you suffered measurable losses, known as “damages.” These can be economic or non-economic and include things like medical bills, lost wages, and pain and suffering.
While most personal injury claims rest on negligence, some can be brought under strict liability, particularly in product liability cases. Under strict liability, you don’t need to prove the defendant was negligent or acted wrongfully. Manufacturers can be held responsible for defective products regardless of intent.
At Carlson & Blakeman, LLP, our injury attorneys licensed in Nebraska and Iowa can help you determine whether you have grounds for a claim and advise you on next steps. We offer complimentary case evaluations and only accept claims we truly believe we can win.
Do I Have Grounds to File a Personal Injury Lawsuit in Omaha?
If you were hurt in a motor vehicle accident, injured on someone else’s property, or harmed through another party’s negligent or wrongful conduct, a comprehensive legal evaluation is your starting point. That assessment examines the extent of your injuries, the evidence of negligence, and the causal link between the defendant’s conduct and your harm. Local Omaha statutes and Douglas County court precedents also shape how a case is assessed. Because our attorneys are licensed in both Nebraska and Iowa, we’re equipped to evaluate claims on either side of the state line and advise you on the remedies available under both states’ laws.
Nebraska Statute of Limitations for Personal Injury Lawsuits
Nebraska imposes a four-year statute of limitations on personal injury lawsuits. Iowa’s deadline is two years from the date of injury. If you don’t file within the applicable window, your case will almost certainly be dismissed. These deadlines also serve a practical purpose: claims filed while evidence is fresh and witnesses’ memories are intact are stronger claims. Understanding the exceptions to these limits, discussed below, is equally important, particularly for delayed-discovery injuries and claims against government entities.
Statute of Limitations vs. Insurance Claim Deadlines
The statute of limitations governs personal injury lawsuits, not insurance claims. After an accident, your first step is typically filing a claim with the liable party’s insurer. That insurer sets its own filing deadline, which is often far shorter than the statutory window. Most policies require notice within a “reasonable” period, sometimes days or weeks after the incident. Don’t assume that because the lawsuit clock hasn’t run out, you have time to wait on the insurance claim.
Exceptions to Nebraska’s Statute of Limitations
Exceptions exist, but they are narrow. They include:
- Wrongful Death: When someone dies due to another’s negligent or wrongful conduct, the personal representative of the deceased’s estate has two years from the date of death to file on behalf of eligible surviving dependents and family members. Learn more about wrongful death cases in Nebraska.
- Delayed Discovery of Injury: When an injury doesn’t become apparent at the time of the accident, the filing period generally runs four years from the date the injury was or reasonably could have been discovered.
- Claims Against Government Entities: These claims are subject to significantly shorter deadlines and additional procedural requirements that vary depending on the entity involved. Strict notice deadlines may apply before a lawsuit can even be filed. Consult an attorney as soon as possible after any injury involving a government entity.
- Injuries to Minors: When the injured person is under age 19, the statute of limitations is deferred until they reach the age of majority. The minor has four years from their 19th birthday to file a personal injury lawsuit for an injury that occurred while they were still a minor.
Speak with an experienced injury attorney serving Omaha, Nebraska, and Iowa. Contact Carlson & Blakeman, LLP online or call (402) 858-0996. Our services are available in English and Spanish.
The Importance of Legal Guidance in Personal Injury Matters
Filing a claim without an attorney puts you at a real disadvantage. Insurance companies assemble adjusters, investigators, and defense lawyers whose job is to minimize or deny what you’re owed. Clete W. Blakeman brings 28 years of personal injury experience to every case, and our nine-attorney team has decades of combined experience handling injury matters in Omaha and across Nebraska and Iowa. Clete is a member of the American Board of Trial Advocates and the Million Dollar Advocates Forum. These are credentials that serious defendants and their insurers take notice of.
We prepare every case for trial from day one, which matters at the negotiating table just as much as in the courtroom. Early involvement also allows us to preserve evidence before it’s lost, and our familiarity with Douglas County District Court procedure means we know how local rules and judicial expectations shape an effective strategy from the outset.
What a Personal Injury Attorney Does and What You Gain by Hiring One
Personal injury law is complex, and insurance companies count on unrepresented claimants making mistakes. Hiring an experienced accident attorney means having a knowledgeable advocate who protects your rights, handles the legal workload, and lets you focus on recovery rather than battling adjusters. We coordinate with medical experts and accident investigators to build a solid foundation for your claim, and we spot potential issues early before they become costly problems.
Our personal injury attorneys can:
- Analyze your case and investigate to determine liability
- Gather evidence, including medical records, witness statements, and accident reports
- Prepare and file legal documents such as pleadings and subpoenas
- Negotiate with insurance companies and defense attorneys on your behalf
- Represent you in court if a fair settlement can’t be reached
- Advise on legal strategy throughout every stage of the case
- Seek fair compensation for medical expenses, lost wages, pain and suffering, property damage, and other losses
Virtual consultations are available for those who can’t easily make it to our office, and our services are offered in both English and Spanish.
Speak with a qualified injury lawyer at Carlson & Blakeman, LLP at (402) 858-0996 or submit an online form to schedule a consultation.
Meet Our Team
Omaha's Trusted Team
With decades of experience serving Omaha, Carlson & Blakeman Law is here for you and your family when you need it most.
How Our Omaha Personal Injury Lawyers Can Help
If you were injured or lost a loved one due to the negligent or wrongful actions of another party, our personal injury lawyers at Carlson & Blakeman, LLP are ready to help. We’re proud of our reputation for honesty, credibility, and integrity, and we make it our mission to give every client the empathetic support, personalized attention, and dedicated representation they deserve.
Our attorneys can represent you in car accident cases, truck and commercial vehicle collisions, and rideshare accidents. We also handle dog bite claims, slip and fall cases, and wrongful death matters. Whatever the circumstances, our team has the experience, resources, and legal knowledge to aggressively pursue compensation you may be entitled to seek.
We handle personal injury cases on a contingency fee basis, meaning we don’t collect attorney fees unless we successfully recover on your behalf. Free consultations are available for personal injury cases, and we can meet with you on weekends or the same day you call, by request. Services are available in English and Spanish, and virtual consultations are offered for those who can’t come to our office.
Meet Our Personal Injury Team:
To learn more about how our team can help, call (402) 858-0996 or contact us online.
Omaha Roads, Local Hazards & Douglas County Court Familiarity
Omaha’s roads present real and recurring hazards. Interstate 80 and Highway 75 carry high traffic volumes and shift in character with weather and construction activity. Winter brings icy roads. Spring and summer bring heavy rain. These conditions are a recurring factor in injury cases across the area, and understanding them matters when building a claim.
Our attorneys have decades of experience handling injury matters throughout Omaha, Nebraska, and western Iowa. That experience includes strong familiarity with Douglas County District Court procedure: how local judges approach these cases, what procedural expectations apply, and how to frame a strategy that holds up from filing through trial.
Frequently Asked Questions About Personal Injury in Omaha
What Types of Damages Can I Recover in a Personal Injury Claim?
Most personal injury claims pursue compensatory damages, which fall into two categories. Economic damages cover tangible losses: medical bills, future medical costs, and lost wages. Non-economic damages address intangible harm, including pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving severely reckless or negligent conduct, punitive damages may also be available to punish the defendant and deter future misconduct. The value of a claim depends heavily on accurate, thorough documentation of both categories, which is one reason working with an experienced attorney matters.
Can I Still File a Claim If I Was Partially at Fault for the Accident?
Nebraska follows a modified comparative negligence rule: you can recover damages as long as you’re found to be less than 50% at fault. Your recovery is reduced by your percentage of fault. So if you’re found 20% responsible, your damages are reduced by 20%. Building strong evidence to minimize your assigned share of fault is critical, and our attorneys know how to present that case effectively.
What Should I Do Immediately After an Accident in Omaha?
Seek medical attention right away, even if your injuries seem minor. Document the scene if you’re able, gather contact information from witnesses, and avoid making statements that could be interpreted as admitting fault. Don’t speak with the other party’s insurance adjuster before consulting an attorney. Insurance companies move quickly to protect their interests. Speaking with an injury attorney before responding to any insurer can help protect the value of your claim from the start.
Carlson & Blakeman, LLP is ready to answer your questions. Contact us at (402) 858-0996 or complete our form to schedule a consultation. Se habla Español.
