Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O.
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May 2017 Archives

The adjuster is offering me a settlement for my injures from an auto collision. Is it fair?

Perhaps, but probably not, unfortunately. The adjuster has financial incentives to minimize your recovery. If this were not the case, why are initial settlement offers low? There are many ways the adjuster tries to do this. One common method is to minimize your medical bills by counting only what health insurance has paid on a reduced fee schedule and not the full charge for the bill, which the law requires. Also, be very wary of adjusters offering to settle a case early, before you have finished recovering, especially in the case of a spine or head injury.

What happens if English is Not My First Language? Who Provides an Interpreter for my Legal Hearings?

In Nebraska, Rule 5 provides that "The court shall appoint an interpreter in any legal proceeding in order to assist a person who cannot readily understand or communicate the English or spoken language." Once a claimant formally requests an interpreter at a hearing, the employer/insurance company must pay the costs for the same. There are different levels of interpreters who are available to provide services at a hearing, including (from highest to lowest): Certified Court Interpreters, Provisionally Certified Court Interpreters, and Registered Court Interpreters. There are also several levels of Sign Language Court Interpreters. The Supreme Court rules indicate that "diligent efforts must be made to obtain the highest level of certification before allowing an interpreter with a lower level of certification to interpret." The Nebraska Supreme Court keeps a Court Interpreter Directory listing the language, certification level, area, and contact information of interpreters. The languages include Vietnamese, Somali, Spanish, Cantonese Mandarin, Bosnian/Serb/Croatian, ASL, French, Mandarin Chinese, Russian, Portuguese, and Arabic. If an alternative language is needed, the Interpreter Coordinators may be able to help. If you require a Court Reporter for your medical appointments, often the employer/insurance company will provide one at their cost as well. At Atwood, Holsten, Brown, Deaver & Spier Law, we know that you likely only get "one day" in Court and that it is important that you be able to understand the legal proceedings and communicate with the Judge and witnesses. We'll do all we can to ensure that you are afforded an interpreter at your medical appointments, deposition, and court hearings.

What Happens if an Employer Fails to Carry Workers' Compensation Coverage for its Employees?

The Nebraska Workers' Compensation Act allows for penalties, or even possible imprisonment, for employers who fail to provide workers' compensation coverage for their employees. If the employer is found to have failed to purchase workers' compensation insurance, is not self-insured, and is not a member of the risk management pool, any or all of the following penalties may be imposed:

  • Martindale Hubbell | AV Preeminent | Peer rated for highest level of professional excellence 2017
  • AV PeerReviewRated | For Ethical Standards And Legal Ability
  • The American Trial Lawyers Association
  • ABA - Defending Liberty Pursing justice
  • NATA

What Our Clients Say

  • The lawyers and support staff at Atwood Law Firm showed me sincere interest and caring on a very personal level, and I knew at all times my interests were front and center in all aspects of my workers' compensation case. This office is staffed by a great group of people. You can relax and be assured that your welfare comes first and foremost in their decisions and actions with respect to your legal case. You are kept aware of the process and progress in your case at all times, and your input is welcomed. I highly recommend the Atwood Law Firm to anyone needing legal assistance. - WN

  • I cannot thank you enough for the peace of mind you have brought to my family! Both of my parents are extremely grateful for your work. I knew we were in good hands from the first meeting and you have exceeded all my expectations! It may feel straightforward to you, but to us, you have moved mountains. This settlement will allow my parents, particularly my Dad, to enjoy the rest of their lives to the fullest of their abilities. We all agree that we would give every cent back and more for my Dad to walk again, but that is not going to happen... - DW

  • "...He didn't treat me like I was one of 100 clients. He treated me like I was his only client. He acted professionally but with empathy, dignity and friendliness. It didn't matter if it was something small or large, he was always there for me, be it by phone, fax, email, cellphone or meeting me personally at his office or elsewhere. He never rushed me when I didn't understand something, he'd take as much time as needed to explain things to me, especially when it came time for my deposition and in preparation for trial. He was there for me when I truly needed his help..." - CG

  • "...My husband and I felt his kindness immediately and were both very impressed with his knowledge of what to expect in a wrongful death case. He pursued our claim in an aggressive manner while at the same time being very protective of our rights and privacy and sheltered us from any unnecessary contact with insurance agents, or any other adverse parties. My husband and I cannot say enough about the kindness, professionalism and legal ability demonstrated by Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O." - RD

  • "...If it were not for this law firm all I would have received from this injury would have been a loss of income check and a pat on the back, goodbye. Which only would have been a fraction of what I actually received. He was always professional but more importantly he cared about me and my family as people not just a client. He went beyond his role as my lawyer. He even spoke with my bank and explained why I was behind on my car payment. And this saved me getting my car repossessed..." - HR

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