Justin High’s Answers

Justin High

Omaha Workers' Compensation Lawyer.

Contributor Level 7
  1. My mother died in the hopital after a pocedure went wrong. how do i hire a wrongful death attorney when i have no money?

    Answered about 1 year ago.

    1. Richard Todd Rosenstein
    2. David Ian Schoen
    3. Justin High
    4. Christian K. Lassen II
    5. Dennis M. Abrams
    6. ···
    7 lawyer answers

    Consultations for wrongful death cases resulting from medical negligence are almost always free, and the fees for the attorney usually come out of the settlement or verdict and are calculated as a percentage of the verdict. This is called a "contingency fee." Ie, payment is "contingent" on the attorney obtaining some type of settlement. In short, it should cost you nothing, but if there is a settlement or verdict, the attorney will take a significant portion (usually anywhere from 25-40%) of...

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  2. I have a lawyer in a wrongful death case. I feel he has not done his job. Is there a way to get a second opinion

    Answered 4 months ago.

    1. Justin High
    2. John M. DeProspo
    3. Daniel S. Chamberlain
    4. Peter N Munsing
    5. James Otto Heiting
    6. ···
    9 lawyer answers

    Under Nebraska law, the answer is "yes" you can fire your attorney if you want to. However, I would be cautious about doing so. Before you do, please take the time to have an in person meeting with your attorney and express your concerns. Make sure he or she knows what you are asking. Sometimes, we don't hear any complaints from our clients and we think everything is OK. If, after having this meeting, you don't think you want to continue with your attorney, you can discharge them. However, I...

    5 lawyers agreed with this answer

  3. My husband is a sub contractor,who is responsible if someone gets hurt,if everyone working on a roof are subs

    Answered 8 months ago.

    1. Justin High
    2. Francis E. Younes
    3. Bobby L. Bollinger Jr.
    4. Brandon Hilmar Reid
    4 lawyer answers

    The answer is found in what we call the "statutory employer doctrine." If the general allows a sub to work on a project, that general is required to make sure the sub has workers' compensation insurance. If the general fails to do so, or does not put in a good faith effort to do so, the general is liable for the injuries. However, if the general does take good faith measures to ensure the subs have work comp insurance, and those subs misrepresent their insurance coverage, the general is...

    5 lawyers agreed with this answer

  4. What is maximum medical improvement? If that has not been done yet what will happen to my workmans comp claim?

    Answered 8 months ago.

    1. Justin High
    2. Richard Rensch
    3. Charles Joseph Michael Candiano
    3 lawyer answers

    Under Nebraska law, maximum medical improvement is "the point at which the injured worker's condition has become stable and not likely to improve." It doesn't mean you still can't get medical treatment in the future, it just means your condition isn't going to get better in the foreseeable future. You can still get things like pain medication, physical therapy, etc., but you have to have a doctor indicate that those things are necessary because of your initial work injury. In practical...

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  5. After impairment rating, body as a whole, is it the defense's job to prove why they are not 100% responsible for the claim?

    Answered 3 months ago.

    1. Donna Renae Miller
    2. Justin High
    3. Siobhan Maureen Schneider
    4. Gilbert Earl Fisher
    4 lawyer answers

    Donna's answer is excellent. Just a few things to add: It is the employee's burden to prove his or her entitlement to benefits, no matter what the injury. That said, the workers' compensation system is set up to be streamlined and the law is construed in the employee's favor. Proving a workers' compensation case is much easier than a negligence case, in my opinion. In the example you gave, if the ONLY evidence that is available is an impairment rating that indicates that the employee...

    4 lawyers agreed with this answer

  6. I have a question, I was in accident on 9/19/2013 in grenta, neb. I was sleeping in my 1997 kenworth truck and another driver

    Answered 9 months ago.

    1. Justin High
    2. Zaheer A Shah
    3. Lloyd Noland Bell
    4. Mark Steven Paullin
    5. Kevin Coluccio
    6. ···
    6 lawyer answers

    If you are still represented by an attorney, I would ask them this question. You certainly have a cause of action, ie you could sue the other company, but the real question is whether or not it is worth your time to do so. Unless you have physical injuries, I don't think it would be worth your time. If you do have physical injuries and have needed medical care, you should certainly think about pursuing your employer under a workers' compensation theory, the other trucker/trucking company, or both.

    4 lawyers agreed with this answer

  7. Can an employer deduct compensation or refuse to pay for medical care sought after an injury occurred while on the clock?

    Answered over 1 year ago.

    1. Justin High
    2. Bobby L. Bollinger Jr.
    3. John M Connell
    3 lawyer answers

    I'm a NE licensed attorney that practices workers' compensation. Here's my opinion: There is a cause of action here. Your husband had an injury in the scope and course of his employment. He is entitled to reasonable and necessary medical care. I would think the ER visit was reasonable and necessary considering the circumstances. It is my impression that the employer should pay for the ER visit as well as the tests. His employer should have presented Form 50 and allowed him to go to...

    3 lawyers agreed with this answer

    2 people marked this answer as helpful

  8. My best friends daughter has neck and head injuries from a car wreck. does she need to get an attorney?

    Answered over 1 year ago.

    1. Christian K. Lassen II
    2. John Russell Nixon
    3. David Ian Schoen
    4. C. Donald Briggs III
    5. Elizabeth Taylor Herd
    6. ···
    9 lawyer answers

    Yes. She needs to contact an attorney right away. There are many talented trial lawyers in Scottsbluff. I suggest she contact Javoronok and Neilan, Mike Meister, or Hoffmeister Holyoke as soon as possible.

    4 lawyers agreed with this answer

  9. Is there a need for an attorney when forming an LLC? Advantages to attorney, DIY, online services, etc.

    Answered 4 months ago.

    1. Justin High
    2. Brendan Michael Kelly
    3. Michael Charles Doland
    4. Samuel Cahn
    5. Frank A. Natoli
    5 lawyer answers

    I agree with Mike. It is easy to form an LLC. If you go to the Neb. Secretary of State's website, there's a one page form you have to fill out. Nebraska recently adopted the Uniform Limited Liability Company Act which streamlined the process somewhat. That said, to PROPERLY form an LLC and get the protections an LLC affords you, ie a liability shield from being sued personally, there are a lot of things you need to do, ie publish notice, issue stock, operating agreement, annual meetings, etc.

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  10. Juvenile car accident

    Answered over 1 year ago.

    1. Daniel Nelson Deasy
    2. Manuel Alzamora Juarez
    3. Justin High
    4. Christian K. Lassen II
    5. Brendan Michael Kelly
    6. ···
    7 lawyer answers

    I agree with what has been said so far. This is a terrible tragedy. I hope everyone is doing as well as can be expected. I agree that there might be coverage under your/your son's policy, but the fact that the plates were taken from one vehicle and put on another vehicle is an issue. Although that is a minor crime (displaying fictitious plates) it may void coverage under the policy. I think you ought to speak to an attorney about the issue. If there is a means to avoid a conviction...

    3 lawyers agreed with this answer

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