Clients often ask what their rights are and how the best way to proceed is when it comes to a car accident that is not their fault. Any successful case requires three things: liability, damages and a source of recovery. Liability means the accident was someone else's fault. If it was your fault, immediately turn the matter over to your automobile insurer. If it was someone else's fault, then there may be a possible claim to investigate. Damages means you were hurt somehow. They specific types of damages are discussed later. Suffice it to say that unless someone was bodily injured or their vehicle damaged, there is no reason to pursue any claim. Source of recovery refers to insurance. It is the law that all motorists must carry automobile liability insurance. Unfortunately not all do. In the event that an uninsured motorist causes a car crash, your own uninsured motorist coverage should likely cover the accident. It does not sit well with all clients that they must look to their own coverage when another causes the loss. However, that is the very purpose of uninsured motorist coverage.

Damages also fall generally into three categories: past and future wage loss, past and future medical bills and past and future conscious physical pain, mental suffering and anguish, inconvenience and inability to lead a normal life. A spouse of an injury victim likewise has what is known as a consortium claim. That includes loss of aid, support, comfort, companionship, services and affection.

There are laws called "statutes of limitation" that limit the time to bring a lawsuit. Unless the right lawsuit is timely filed against the correct defendants in the proper court, all rights are forever lost.

What is your case worth? It is worth what a jury will award or what an negligent driver and its insurance company is willing to pay. We do not have runaway jury verdicts in this state. Good Nebraska common sense prevails. At Dowd, Howard and Corrigan we discuss these important issues with new potential clients at no charge. Most good lawyers will do the same. If you caused the accident or were not truly harmed, then we cannot help. However, if you were actually harmed through the negligent conduct of another, then feel free to call and schedule an appointment to discuss. It costs you nothing to come in. Our law firm is proven and respected. The lawyers and staff here work very hard to meet the legal needs of its clients. We'd be honored to meet you and together decide what is best for you.

Partners Tim Dowd and Steve Howard were invited speakers at the Nebraska State Bar Association's Workers' Compensation Section Seminar on November 19, 2010 in Omaha.

The Section Chair assigned to Tim and Steve the topic of Ethics in Workers' Compensation. The presentation was well attended by lawyers, judges, vocational counselors and others active in the field. The Firm is honored to have its partners asked to present on these important issues.

The Firm presents workers' compensation and other issues for local unions and other groups at no charge. To schedule, please contact Tim Dowd at 402.341.1020 or Kathy Walz at 402.341.1020.

It happened again! While critics of Omaha's public sector employees were comfortably at home asleep, Omaha police and firefighters braved -20 wind chill temperatures saving yet another person's life over the weekend. An Omaha police officer noticed tire tracks trailing off the road near 155th and Center around 2:30 am on Sunday. That lead to a lengthy and involved rescue by Omaha firefighters. The man's pickup was lodged sideways in a creek bed. The specialized training that these selfless individuals receive again paid off. But for the attentiveness of the officer and the ability of the firefighters to accomplish rescue in this challenging and unique situation, the driver may not have survived.

The next time you hear or read about someone wanting to shortchange these professionals, please give some thought to this heroic rescue and to so many that have come before. Omaha enjoys an extremely high standard of care when it comes to police and firefighters saving lives and protecting Omaha citizens. Critics of these hard working civil servants were conspicuously absent as Omaha's first responders risked their lives to protect the public. It happens every time. It is Dowd, Howard and Corrigan's honor to serve as legal counsel to Omaha police and firefighters.

Nebraska, like so many states, does not ordinarily permit jurors to know that a defendant driver actually has automobile insurance. Many cases proceed to trial because the parties cannot agree on a fair settlement with the insurance company. The defendant driver that caused the crash does not want to be there. The injured innocent plaintiff does not want to be there. Many jurors, while willing to fulfill their civic duties, would prefer not to be there. If an insurer "low-balls" its offer and forces the matter to trial, the jury never even knows that there is insurance coverage and that in almost all cases, the bad driver is not required to pay anything towards the judgment.

If you find yourself on a jury, do not assume that there is or is not insurance. It is simply not relevant to the issue of who was at fault nor the amount that shall fairly and adequately, but not excessively, be required to make the injury victim whole. Any concerns about a defendant's ability to pay on the judgment must be set aside. At Dowd, Howard and Corrigan, we believe in the jury system. We also believe in trying cases and in fair play by keeping the public informed on what can and cannot be said in civil jury trials.

In Nebraska, if a drunk driver admits that the crash was his fault, then the jury is never even told about his drunk driving. The Drunk has admitted fault. He and his insurance company ought to be held responsible for 100% of the damages . The only thing the jury should be concerned with is the damages. At trial, the defendant's lawyer, hired by his insurance company, often try to paint his client as "the good guy" for admitting responsibility. Many times, that is merely a cloak for the greater truth -- that the driver being sued was intoxicated. These things are never talked about. The law firm offers this insight as a part of its ongoing effort to keep the community informed on matters that affect all of us.