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Nebraska Questions & Answers
1 Answer | Asked in Health Care Law for Nebraska on
Q: I had back surgery Nov. 30, 2018. My insurance company denied a portion of the fees stating it was experimental.

I was preapproved for the surgery, but surgeon used different technique and device than what was preapproved. Do I have grounds to fight this charge ($8,956)?

Julie Fowler
Julie Fowler answered on Dec 9, 2019

There is often an administrative appeal procedure that you can make to your insurance company when a claim that you thought would be pre-approved and covered was denied. The hospital or facility also wants to get paid so they may be willing to assist with this appeal. Sometimes a good place to... Read more »

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: If my apartment requires me to move out temporarily due to construction, can they force me to pay rent?

My apartment complex is rebuilding all the external 2nd and 3rd floor walkways. My building is the first. The management provided a 10 day notice. Tenets will not be allowed access to their apartments for 11 days. The apartment complex is providing 2 star hotel rooms and a 200 dollar stipend. We... Read more »

Julie Fowler
Julie Fowler answered on Dec 9, 2019

Depending on the terms of the lease, a tenant may be able to end the lease if the apartment becomes uninhabitable for a period of time. If improvements need to be made that require a tenant to be temporarily out of their apartment and the tenant does not want to end the lease, reasonable... Read more »

1 Answer | Asked in Workers' Compensation for Nebraska on
Q: If I dont agree to settle my WC case, how is my attorney compensated. They work on contingency? Is there an accounting?

I have been declared total permanently disabled. And recieve a weekly payment.

Julie Fowler
Julie Fowler answered on Dec 9, 2019

In a contingent fee case, the attorney is generally paid either from the settlement or from the award at trial. If the matter goes to trial and no compensation is awarded, then the attorney would not be paid attorney fees, although the client might still be responsible for some court costs (expert... Read more »

1 Answer | Asked in Appeals / Appellate Law and Child Custody for Nebraska on
Q: Looking for Plan C, as I am going to try Plan B Monday. Hot mess of a no fault abuse/neglect case that should not be.

Dec 31=1 yr case. Lots of details, very little action by public defender-1st issue. Online finding statutes/cases trying to educate myself. 2nd-2 cases all hearings same day same time. Literally didn't even realize 2nd case for 5/6 months.

Older son-behaviors applied for several... Read more »

Julie Fowler
Julie Fowler answered on Dec 9, 2019

Sometimes when a parent has done everything they can but a child is still not safe in their home, the Court will find the person guilty of no fault neglect so that the child can receive services. This is especially common when one child needs to be placed outside of the home as the siblings aren't... Read more »

1 Answer | Asked in Civil Litigation for Nebraska on
Q: is title 42 enacted in the law
Julie Fowler
Julie Fowler answered on Dec 9, 2019

There is a title 42 of the US Code that is part of federal law. There are likely also states and local laws under the title of "Title 42".

1 Answer | Asked in Child Custody for Nebraska on
Q: NE Juvenile Court Can an affidavit removing a child be used in both child's case and parent's case?

Law enforcement (investigating officer) requests court to Order Temp. Custody of Juvenile who though his own acts is putting himself and siblings at risk of harm.

Are there any court rules/Ne statutes preventing the County Attorney from filing petitions against the Juvenile for his acts... Read more »

Julie Fowler
Julie Fowler answered on Dec 9, 2019

It is possible for one affidavit to be used as evidence in multiple court matters.

1 Answer | Asked in Estate Planning and Probate for Nebraska on
Q: i bought a new house . its all paid n free n clear.. my question is i havent made a change in my will yet .

my will has my previous property listed..

what happens if i die and havent listed this house in my will

Nina Whitehurst
Nina Whitehurst answered on Nov 26, 2019

The new house would pass according to the residuary clause in your will.

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Nebraska on
Q: If the tenant of a large property allows hunting and gets paid to do so, is that considered subletting?
Julie Fowler
Julie Fowler answered on Nov 25, 2019

Allowing a person to profit off land is usually not the same legal term as a sublet. For example, a legal "profit" off the land could be allowing someone to remove timber, minerals, or wild game off the land. It is more like an easement than a sublet.

1 Answer | Asked in Child Support for Nebraska on
Q: Does my bio dad have to continue to pay on back child support even though I'm over 19? If so, how do I access that money
Julie Fowler
Julie Fowler answered on Nov 25, 2019

Back child support continues to be due even after the child turns 19 years old. The back child support is owed to custodial parent, not the child. Thus, the back child support continues to be owed, but it is owed to the parent not the child.

1 Answer | Asked in Domestic Violence and Sexual Harassment for Nebraska on
Q: In Nebraska, is it possible to get a re hearing for a harassment protection order or to expunge the order from public

In Nebraska, is it possible to get a re hearing for a harassment protection order or to expunge the order from public records after the time has passed? My ex filed one against me and submitted lots of manipulated evidence I was not prepared for This manipulated evidence had nothing to do with... Read more »

Julie Fowler
Julie Fowler answered on Nov 18, 2019

You can appeal the granting of a harassment protection order just as you can appeal other final court orders. There are other potential motions to challenge a final court order, such as a motion to reconsider or a motion for a new trial depending on the specific facts of the case. Generally once... Read more »

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.

1 Answer | Asked in Contracts, Criminal Law, Business Law and Internet Law for Nebraska on
Q: i have been defrauded by a contractor , how do get him prosecuted, as even when i win in small claims he won't have pay

i have a signed contract to paint my house w/$2850 down in 11/28/18 in 7/29/19 in the witness of a police officer he refused to even"Start"

Julie Fowler
Julie Fowler answered on Nov 18, 2019

If you have been defrauded by a contractor, you should contact the non-emergency law enforcement phone number and file a police report and/or contact the county attorney's office to report the crime. They will likely want supporting documentation of the fraud, so you will want to provide a copy of... Read more »

1 Answer | Asked in Internet Law for Nebraska on
Q: Can I sue who hacked into my Google account and stole my personal photos and made copies without my permission
Julie Fowler
Julie Fowler answered on Nov 18, 2019

You can sue someone for invasion of privacy and also for stealing your property (even digital property). What you would likely be awarded in damages depends on the damages you can prove.

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Can a landowner who leases our his land hunt on his own place or can the tenant stop all hunting on the land?

Three sections of land in Nebraska, leased to neighbor, Land owner wants to hunt on his own land, and have friends hunt deer on it too. Yet lessee says NO. Is this possible?

Julie Fowler
Julie Fowler answered on Nov 18, 2019

The rights of a tenant and landlord are generally governed by the landlord-tenant agreement (or lease). Unless the lease states otherwise, the landlord generally surrenders the property to the tenant for the tenant's purposes. Thus, a landlord can't generally enter the leasehold for personal... Read more »

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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2 Answers | Asked in Child Support for Nebraska on
Q: Do I have to pay child support if my son joins the military. I live in Nebraska and it’s my understand I pay till 19
Vanessa Jean Gorden
Vanessa Jean Gorden answered on Nov 18, 2019

If your child joins the military and that is included as an intervening event that would terminate support (child is no longer dependent upon parents for support due to military involvement), then you would want to file a notice that that event has occurred to terminate your support. Your best bet... Read more »

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2 Answers | Asked in Child Support for Nebraska on
Q: My child turns 19 on December 3rd 2019, do i own child support for December in state of Nebraska?
Vanessa Jean Gorden
Vanessa Jean Gorden answered on Nov 18, 2019

If your Decree was issued by a Nebraska Court and your child support terminates at the age of majority, then, yes you would pay December child support because it continues "on the first of each month" after Order is issued until an intervening event happens. You would not pay for January because... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Nebraska on
Q: Is telling someone to go kill themself illegal?

My boyfriend and I are breaking up. It has been physical abuse and Mental. Now he's telling me to go kill myself. After he already knows that I have history of mental illness.

Gary Kollin
Gary Kollin answered on Nov 9, 2019

No

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: I have a 10yo but never established paternity. How can i do that now?

I have received assistance but could not benefit from their help bc it being a one night stand i didnt know how or where to look for him, until recently. After finding him and his full name on FB i googled him. I got the address and a phone number.

Julie Fowler
Julie Fowler answered on Oct 23, 2019

You can file an action to ask the Court to establish paternity and child support. Alternatively, you can contact child support services and request the State file a paternity action now that you have contact information to attempt service on the father.

1 Answer | Asked in Federal Crimes and Gaming for Nebraska on
Q: if a child shoots people using what he sees on video games.Does the manufacturers owe duty of care to the plaintiff
Tim Akpinar
Tim Akpinar answered on Oct 21, 2019

It would be a difficult argument to make in terms of duty of care in the context of tort law. In terms of a social duty, you raise a good point. Good luck

Tim Akpinar

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