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Nebraska Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for Nebraska on
Q: In A Application to proceed in forma pauperis, Is social security benefits exempted from funds to be used in considering

the Motion?

Julie Fowler
Julie Fowler answered on Feb 24, 2020

No. Some people receive significant Social Security retirement or disability benefits that may be enough alone to not qualify as indigent depending on the overall facts of the case.

1 Answer | Asked in Personal Injury, Social Security and Civil Rights for Nebraska on
Q: In a applicaton to proceed in forma pauperis is funds received from social security exempt from used in reaching the dec

from reaching the decision in the Motion

Julie Fowler
Julie Fowler answered on Feb 24, 2020

No. Some people receive significant Social Security retirement or disability benefits that may be enough alone to not qualify as indigent depending on the overall facts of the case.

1 Answer | Asked in Personal Injury for Nebraska on
Q: Do I have a case?

I was a passenger in a sheriff transport van and we were struck by another driver... I was denied medical treatment on the scene even though I requested it nor was I taken to the hospital... I was returned back to the jail and placed in a holding cell until my release which was 6 hours after the... Read more »

Julie Fowler
Julie Fowler answered on Jan 21, 2020

If you are injured in a car accident, you could be entitled to compensation for damages. If you were not injured, you are not likely to be awarded any compensation.

1 Answer | Asked in Copyright, Criminal Law, Personal Injury and Products Liability for Nebraska on
Q: Hello! There is someone accusing me of rape to the university

I have an issue going on at (X) University. The university decision wont be based on facts. They said if it is more likely that you might did that then they will dismiss me from the school. They already have effected my mental illness, my life, and my school performance. I am planning on gathering... Read more »

Julie Fowler
Julie Fowler answered on Nov 18, 2019

If you have a situation that involves both potential criminal charges and a disciplinary issue with an university, you will want to contact an attorney that has experience with both criminal defense cases and school disciplinary issues.

2 Answers | Asked in Personal Injury for Nebraska on
Q: We went to eat at a fast food place and when my fiance unwrapped his sandwich there was a knife underneath that cut him.

What can we do?

Julie Fowler
Julie Fowler answered on Nov 18, 2019

If a party is negligent, you may be entitled to damages. If the damages are small (a cut that was fine with just a band-aid), then it may make the most sense to contact the company and see what type of compensation they may be willing to offer (free meal coupons, etc). You may also want to report... Read more »

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1 Answer | Asked in Personal Injury and Small Claims for Nebraska on
Q: My two year old son fell 6 ft @ daycare and fractured his leg. Should the daycare be liable for the bills?

The daycare doesn't have a liability clause at all. The director said they were going to cover the costs of the bills and then today the owner said they were not taking of them.

Julie Fowler
Julie Fowler answered on Aug 8, 2019

A business is liable to a patron who falls on their property if the business was negligent. This is true whether or not the business has decided to carry liability insurance or not. Whether a business would be responsible for a person's bills for falling at their property depends on whether... Read more »

1 Answer | Asked in Car Accidents, Personal Injury and Traffic Tickets for Nebraska on
Q: I got a citation for failure to yield. The ticket was dismissed. I am being charged for an accident that I didnt creat

My insurance was cancelled 10days before this accident so the DMV says Im liable for $957 of damages to the person at fault for wrecking both vehicles for his failure to yeild to me in a roundabout.

Julie Fowler
Julie Fowler answered on Jul 16, 2019

I'm not sure what your question is. If you've been charged with a crime or a traffic offense, then you should retain a criminal defense attorney. If you are being sued for civil damages and you'd like the opportunity to prove the accident was not your fault, then you should retain... Read more »

1 Answer | Asked in Personal Injury, Car Accidents and Employment Law for Nebraska on
Q: Who is financially responsible for injuring someone while delivering pizza, driver or employer?

About three months ago I was delivering pizza in my own vehicle and struck a bicyclist at a crosswalk. There was a witness that said the bicyclist had stopped before entering the crosswalk and I was issued a ticket. The bicyclist had to be taken away in an ambulance due to a knee injury.My... Read more »

Brendan Michael Kelly
Brendan Michael Kelly answered on Nov 20, 2018

You as the driver are responsible for the accident and the lawyer is likely to come after the pizza place to have them recover as well.

1 Answer | Asked in Personal Injury and Real Estate Law for Nebraska on
Q: I found out my name & my sibling name was added to parents home deed, we didn't sign anything. Should I worry?

They live in the home & it's only valued at under $11k. There's no mortgage. The concerns are: we didn't sign anything to agree to this; they are financially unstable; have large medical bills & we don't know if they pay taxes or insure it. Could we be held liable if... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 28, 2018

Depends how it's added. May be good or not. I think you need to consult an attorney for the way it should be that would be best.

If you and sib are tenants by the entireties with right of survivorship" it can be good but may have consequences. Speak to an attorney.

1 Answer | Asked in Personal Injury, Civil Rights, Health Care Law and Medical Malpractice for Nebraska on
Q: How do i file grievance on police officers? And doctors causing more pain and mental anguish& financial crisis.

Drug induced psychosis diagnosis polysubstance overdose

Peter N. Munsing
Peter N. Munsing answered on Jul 19, 2018

Unlikely to succeed as there was an OD, mental anguish is not favored by the courts in any state and is viewed hypertechnically, and "financial crisis" generally means they rocked your house of cards, it fell, but courts say unless they caused an injury that of itself took you out the... Read more »

1 Answer | Asked in Personal Injury for Nebraska on
Q: if a person comes into anothers house thinking no one home and gets bittin by the homeowners pitbull is the homeowner

responsible for damages to the person that got bitten

Brendan Michael Kelly
Brendan Michael Kelly answered on Feb 9, 2018

A person who enters into your home without permission is an intruder and liable for any damage or injury they cause or sustain. Only if they had permission would the home owner be liable.

1 Answer | Asked in Personal Injury, Criminal Law and Employment Law for Nebraska on
Q: Could I sue my former boss or the bars involved in my accident?

I'm located in Omaha, Nebraska and work for the parent company of several cocktail bars. I was attending a staff party at an unassociated bar where I believe my boss (The company owner) accidentally roofied me. To cover it up I believe he took me to a dive bar while under the influence of the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 9, 2017

Contact a member of the Nebraska Assn for Justice who handles workers compensation and employment cases. You may have several potential claims depending on the laws of your state.

2 Answers | Asked in Personal Injury for Nebraska on
Q: I need recommendation for a personal injury attorney for my in-laws.

In-laws were rear-ended and car rolled while in Omaha, NE on Friday. MIL has fracture of vertbra. FIL sustained some injuries (including a tear in prostate) but was treated and released. Don't have many more details as we are in Texas and they are in Auburn, NE. Car is totaled.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 18, 2017

You/they should contact a member of the Nebraska Assn for Justice in the county where the crash occurred--they give free consults.

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1 Answer | Asked in Personal Injury for Nebraska on
Q: My sister died from lung cancer in Oct. of 2011. Can my mother or I get money from her death from smoking?
Peter N. Munsing
Peter N. Munsing answered on Jul 12, 2017

Not at this time. Any case would have to have been filed within the statute of limitations.

1 Answer | Asked in Personal Injury, Sexual Harassment and Criminal Law for Nebraska on
Q: I have a friend that 40 years ago he and his sister decided to show each other their private parts can he still bcharged

They were both minors under the age of 13 at the time...the sister won't let it go is there anything that can be done to him

Peter N. Munsing
Peter N. Munsing answered on Jul 6, 2017

If it was just that and that long ago...I don't see it happening. She may want to get some ptsd therapy to be able to see it more clearly.

1 Answer | Asked in Personal Injury for Nebraska on
Q: If I was injured riding a persons personal horse in Nebraska, can out state medical insurance sue owner for reimbursment
Peter N. Munsing
Peter N. Munsing answered on Jul 6, 2017

Not unless he/she was careless in some way. They don't guarantee their horse.

1 Answer | Asked in Employment Law and Personal Injury for Nebraska on
Q: Can i sue this company?

I received a letter of notification from my former employer saying that one of their employees mistakenly sent out my personal information to some clients. The company further said in the latter that they investigated the incident and found out that the same employee has made the same mistake on... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 7, 2016

It may be possible to sue them IF you can show that as a result someone was able to use that information. You say you have "7 different reports I know nothing about." Any lawyer you talk to will want you to find out what they are. They may or may not have anything to do with this.... Read more »

1 Answer | Asked in Personal Injury for Nebraska on
Q: What is statute of limitations and does discovery rule apply if diagnosis just made personal injury case

Lived in house with mold and

Peter N. Munsing
Peter N. Munsing answered on Dec 1, 2016

It varies from 1 to 4 years depending on type of case. Diagnosis made date usually irrelevant. Contact a member of the Nebraska Assn of Trial Attorneys--they give free consults.

1 Answer | Asked in Personal Injury and Car Accidents for Nebraska on
Q: I was in a auto accident as a minor 5 years ago and my mom retained a lawyer on my behalf. Can I change representation

I am now 22 and have found out that the lawyer is not really working my case and has lost 2 years of my file. I have never signed a agreement with the lawyer but she holds me responsible for certain costs not my mother. Can I change lawyer and not owe her 33 1/3 of a new lawyers settlement.

Peter N. Munsing
Peter N. Munsing answered on Jun 22, 2016

When you say she's not working on it, have you sat down and looked at the file? I would contact a member of the Nebraska Trial Lawyers Assn--they give free consults.See what they say/advise.

1 Answer | Asked in Personal Injury for Nebraska on
Q: If I'm the custodial parent of my 17yr old, can his injury settlement be released to me?
Adam Studnicki
Adam Studnicki answered on Jan 13, 2016

Stop trying to steal your child's money.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal...
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