THE PREMIER
PERSONAL INJURY FIRM OF OMAHA
Chris and James Welsh of Welsh & Welsh
Proudly fighting for the Omaha community for over 65 years.

Pumpkin Patch Bounce Pad Kills 2-Year-Old

Published on Oct 10, 2018 at 11:47 am in Personal Injury.

On Wednesday, October 3, 2018, a 2-year-old boy was killed at a pumpkin farm just north of Lincoln, Nebraska, as reported by KETV NewsWatch 7.

Caleb Acuna, his mother, and his 5-year-old sister were at a private event at JK’s Pumpkin Patch Wednesday evening. The three were on top of a 60×40 inflatable pumpkin, when a nearly 60 mile per hour wind gust picked up and folded the inflatable.

The mother and sister were thrown from the pad. The sister sustained a broken arm that was later treated at the hospital. The mother was unharmed. According to Lancaster County Sheriff, Terry Wagner, it is believed the boy was trapped inside the pad when it folded in half and traveled some distance before coming back down to the ground.

A Brief Guide to Nebraska Medical Malpractice Laws

Published on Sep 25, 2018 at 2:20 pm in Medical Malpractice.

Compared to other injury-related lawsuits, medical malpractice cases can be incredibly complex. This is because of the special procedural rules and compensation limits, as well as the legal issues with medical evidence.

Medical malpractice occurs when a healthcare professional breaches their duty to care for a patient in an effective and knowledgeable way. This breach leads to injury or a worsened condition. The most common examples include mistakes or delays in diagnosis or treatment, medications errors, birth injuries, and surgical errors.

In order to successfully achieve your legal goals in the event of medical malpractice, you’ll need to understand how Nebraska defines medical malpractice, as well as how the proceedings work and what compensation you may be eligible for. For a comprehensive list of Nebraska’s medical malpractice statutes, visit Creighton University.

How is the Value of a Wrongful Death Case Determined?

Published on Sep 18, 2018 at 1:33 pm in Wrongful Death.

Wrongful deaths occur every day as a result of the negligent actions and inactions of others. Many wrongful death claims are related to car accidents, medical malpractice, and product liability. When you lose a loved one like this, you have the right to file a civil lawsuit to hold the guilty party accountable for the death. Wrongful death lawsuits can be complex because of Nebraska’s vague rules and the difficulty associated with determining damages, which is where an experienced attorney can help.

Wrongful death laws are determined at the state level. Keep reading to learn about Nebraska’s laws, and how they could impact your wrongful death case.

When Is a Missed Diagnosis Considered Medical Malpractice?

Published on Sep 11, 2018 at 1:47 pm in Medical Malpractice.

When we seek medical treatment, no matter how minor or severe the injury or illness, we expect to receive the best care possible. Unfortunately, due to miscommunication errors, improper training, and plain negligence, medical malpractice happens all too frequently in the United States.

In the event of medical malpractice leading to a misdiagnosis, delayed diagnosis, or a failure to diagnose, a patient’s condition is likely to progress beyond where it would have if the diagnosis and treatment had been done currently.

Thousands of individuals suffer from misdiagnosis, leading to medical malpractice, each year. In the event you are a victim of such an occurrence, it’s important to understand you have legal rights and the guilty party can be held accountable for the actions.

How Do Insurance Companies Investigate a Car Crash?

Published on Sep 5, 2018 at 1:53 pm in Car Accidents.

The time after a car crash should be spent recovering; however, you’ll also need to file a claim with your insurance company. The soon you do this, the sooner you’ll find out what sort of compensation you’re eligible for.

Insurance companies follow certain steps to investigate a car crash. There are things you can do to help speed the process along, which mostly involves having the necessary information ready when it’s needed. If you are awarded a settlement, it may contain compensation for economic and noneconomic damages.

Keep reading to learn about how insurance companies investigate a car crash, so you know what to expect when you make your first call.

What are Most Medical Malpractice Claims Related to?

Published on Aug 28, 2018 at 12:12 pm in Medical Malpractice.

Thousands of medical malpractice claims are filed every year. When a healthcare professional makes a mistake that impacts your life, you have the right to hold that individual, or the hospital, accountable for their negligence.

To receive compensation for a medical malpractice claim, you must prove your healthcare provider failed to meet the standard of care during the course of your treatment, and that the failure resulted in your injury. The majority of medical malpractice claims are related to anesthesia errors, childbirth injuries, medication errors, misdiagnoses, or surgical errors.

Common Medical Malpractice Claims

Anesthesia Errors

Anesthesia errors can lead to serious brain damage and death if too much or too little sedative is administered. These types of errors occur when an anesthesiologist neglects to read a patient’s medical history or prescribe the wrong type of anesthesia.

Are Personal Injury Settlements Taxable in Nebraska?

Published on Aug 21, 2018 at 1:53 pm in Personal Injury.

According to the U.S. Department of Justice, personal injury cases typically revolve around motor vehicle accidents, medical malpractice, and product liability. To win a personal injury case and receive compensation for the damages you’ve sustained, you must be able to prove your injury was the result of negligent actions or inactions by another person or entity.

In the event you prove your case and are awarded a settlement, you may have questions about how this compensation impacts how the government views your income. Depending on your case and settlement terms, your compensation may or may not be taxable.

Announcing the Winner of the Fall 2018 Welsh & Welsh Scholarship

Published on Aug 21, 2018 at 12:06 pm in News.

All of the attorneys and staff at Welsh & Welsh PC, LLO are dedicated to helping our local and nationwide communities navigate toward a brighter future. In 2017, we decided to start a scholarship that would help us do just that by assisting one college student with securing their college education. The latest submission period for that scholarship, Fall 2018, just came to a close.

We were truly humbled by the amount of applications we received as well as the exceptional high quality of every essay. All of the essays were outstanding. Choosing just one winner was difficult!

We’re pleased to announce we’ve chosen a winner.

Congratulations to Sadie Gibson of Macon, GA!

Tristen will be attending Mercer University Law School.

How Long Does a Hit-and-Run Investigation Last?

Published on Aug 14, 2018 at 12:27 pm in Car Accidents.

Unfortunately, hit-and-run accidents are more common than we’d like to think. When these crimes are solved, the guilty party is often found to have been under the influence of alcohol or drugs. It’s also likely they panicked and simply left the scene. When these crimes go unsolved, the victim is often left confused and worried about proving their claim to an insurance provider.

While there is no specific timeline for a hit-and-run investigation, the following information will give you an idea of what to expect if you’re the victim of such an accident.

Christopher Welsh Elected to AAJ Executive Board

Published on Aug 7, 2018 at 12:07 pm in News.

Christopher Welsh, one of our personal injury attorneys, has been elected as the Parliamentarian of the Motor Vehicle, Highway and Premises Liability section of the American Association for Justice (AAJ). This position will last for the 2019-2020 term.

The officers on the executive board serve one-year terms and are elected at the annual conventions. This year’s convention took place from July 7 to 10 in Denver, Colorado. The convention, in addition to serving as the election place for national officers, gives accomplished trial lawyers and experts the opportunity to discuss the latest developments in the legal world so they can represent their clients in the best way.