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Omaha Dram Shop Lawyers

Reach out to our experienced attorneys if you have been in a drunk driving accident.

A Dram Shop Attorney Can Help Your Case 

Nebraska does not enforce dram shop liability for establishments that have overserved intoxicated adults who later cause harm.   

This has implications for c pursuing personal injury claims after drunk driving accidents. Without dram shop liability laws, victims may find it more challenging to hold bars or restaurants accountable after a serious car accident caused by an intoxicated person.   

But there are always legal options. Call The Advocates Law Firm today for a free case evaluation. The attorney-client relationship is at the heart of what we do. We promise to negotiate with insurance companies, gather evidence, and, if necessary, take your claim to court.   

Our drunk driving accident lawyers will provide you with legal advice and compassionate representation from when you walk through our doors until we win your case. 

The Next Steps in Your Nebraska Dram Shop Case

Injury

Immediately after your accident, check for injuries

Hire Attorney

Contact The Advocates as soon as possible to begin the road to recovery

Property Damage

Get the damage on your car assessed and fixed

Treatment

Seek medical treatment as soon as you can

Finish Treatment

Once you’ve completed treatment, your attorney will compile your medical records

Demand

Your Advocate will send a demand letter to the other party

Frequently Asked Questions

You will pay nothing out-of-pocket when you hire an Advocate. 

Your initial consultation with us is always 100% free. There are never any upfront costs or hidden fees. 

Our attorneys work on a contingency fee basis, which means that our attorney fees are calculated as a percentage of your settlement. We don’t get paid unless we win your case, and you receive a settlement. 

For more information on how settlements and payment work, please see our contingency fee information page. 

Not every accident requires an attorney. However, if the accident resulted in injuries or significant property damage, it is a good idea to contact a lawyer. An experienced personal injury attorney can help you navigate the claims process, which can be lengthy and complex. 

Your attorney will gather evidence, keep track of your medical records, negotiate with insurance companies, and represent you in court if necessary. Studies have shown that accident victims who hire a personal injury lawyer can receive settlements up to 3.5 times larger than if they settled on their own. 

The best way to know if you have a case is to speak with an attorney. The Advocates offer free consultations—you can speak with a qualified legal team to understand what your case is worth without paying a dime. Once you have decided to hire an Advocate, we will investigate your accident to firmly establish liability. 

Every personal injury case is different. There is no one-size-fits-all solution to accident claims. The length of the claims process will depend on the severity of your injuries, the willingness of the other party to settle, the court’s caseload, and more. 

In general, personal injury cases can take anywhere from several months to a few years. It’s important to contact an attorney as soon as possible to get your case started. Each state has a statute of limitations for personal injury cases, after which you will lose your right of action. 

When you hire The Advocates, we will begin investigating your accident immediately while you finish medical treatment. Once all evidence and medical records have been compiled, your attorney will send a demand letter to the other party’s insurance company. At this point, negotiations will begin. 

In many cases, a settlement can be reached during negotiations. If the other party refuses to make a fair offer, you may choose to file a suit. In the litigation phase, your attorney will represent you in court in front of a judge, jury, and/or arbitrator. 

A Team of Dram Shop Professionals Assigned to Your Case  

For nearly 30 years, The Advocates have helped thousands of personal injury victims receive fair compensation and care they deserve after their accidents, and we are prepared to do the same for you.  

We can help you: 

  • Understand the claims process 
  • Investigate your accident 
  • Work together with you towards a full resolution of your injuries 
  • Negotiate with insurance adjusters 
  • Obtain a settlement or judgment against the at fault party 

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Talk to a professional

Dram Shop Liability in Nebraska

Young bartender standing at bar counter with customer laughing joyfully

What is dram shop law? 

Compared to other states, Nebraska has limited dram shop liability. According to Nebraska’s revised statute 53-404, the general rule is that establishments cannot be sued in a dram shop case for actions taken by their intoxicated customers. 

For example, if someone is drinking at a bar, drives, and then gets in a wreck, the bar cannot be liable for the drunk driver’s actions under dram shop law. 

The exception for serving minors 

These are the exceptions: 

  • The intoxicated person is a minor under 21. 
  • The establishment served the minor alcoholic beverages without valid proof of age or reasonable verification, such as checking a photo ID.  
Young bartender standing at bar counter with customer laughing joyfully
Laughing friends having dinner

Social host liability 

A social host is a private individual who provides, serves, or allows the consumption of alcohol in a non-commercial setting, such as: 

  • A party at someone’s house 
  • A gathering on private property 
  • Events such as weddings or barbecues 

Social hosts are: 

  • Not liable for serving adults. 
  • Liable for any alcohol consumed by minors when they are a host. If the minor commits personal injuries or causes wrongful death, the victim may sue the host as well.  

Personal Injury Laws in Nebraska

The damages you can sue for in a dram shop claim 

We cannot say what damages you can seek until we investigate your claim. Unless a minor is involved, your case will probably be a different kind of personal injury claim.  

The following are commonly sought damages in a personal injury case:    

  • Medical bills 
  • Pain and suffering  
  • Property damage 
  • Lost wages and loss of future earnings   
  • Non-economic damages such as emotional trauma   
  • Funeral expenses for a family member 

Our practice areas do not involve criminal defense. Any punitive damages against the drunk driver, such as jail time, will be pursued by a prosecutor. The Advocates’ goal is to get you the financial leeway you need to recover in peace. 

Common dram shop accident injuries    

The main reason you will have a dram shop claim is because you suffered serious injuries.  

Here are the most common injuries accident victims face:  

  • Bruising and lacerations   
  • Muscle strains   
  • Whiplash   
  • Broken teeth   
  • Dislocated joints   
  • Disfigurement  
  • Broken bones   
  • Internal damage   
  • Spinal cord injuries   
  • Traumatic brain injuries   
  • Emotional distress 
  • Wrongful death of a loved one 
Woman calling insurance support after car crash

Statute of limitations for personal injury cases 

You have four years to file a dram shop case for injuries. For wrongful death, you have two years. 

When Should I Hire a Omaha Dram Shop Attorney?

Even if a minor doesn’t cause your accident, you should still reach out to a personal injury law office right away.  

Drunk driving accident attorneys can only take legal action on your behalf if you first reach out. We know how difficult this can be, especially if you have catastrophic injuries.  

But you can rest assured knowing that after the first phone call, your case will be in expert hands. We have a track record of success for our clients going back decades.  

We promise to be with you every step of the way. You deserve it. You deserve an Advocate. 

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