Your case typically progresses through three phases: before a lawsuit, the lawsuit process, and trial. While every case is different, and not every case will go through all three phases, this overview gives you an idea of what to expect and who will be working with you along the way.

Throughout each phase, you will have a dedicated team guiding you, answering your questions, and keeping you informed about what comes next. Everyone at Pesek Law is bilingual in English and Spanish, so you can communicate with us in the language you are most comfortable using throughout your case.

Phase 1: Before a Lawsuit

Your case begins with our prelitigation team, Zafiras, led by attorney Josephine Ramage and paralegal Jenly Mazariegos.

During this phase, we gather information about your case, review your medical treatment and records, and work toward resolving your case through settlement.

Many cases are successfully resolved during this stage. If your case does not settle, we move forward with filing a lawsuit.

This is also where many personal injury law firms stop. Some firms focus primarily on settling cases before a lawsuit is filed and rarely, if ever, take cases all the way to trial. Insurance companies pay attention to which law firms are willing and able to litigate and try cases. When they believe a firm is unlikely to take a case to trial, they may have less incentive to make an offer that reflects the full and fair value of the claim.

At Pesek Law, we take a different approach. If a fair resolution cannot be reached during this phase, we are prepared to move your case forward and file a lawsuit.

Phase 2: The Lawsuit Process

Once a lawsuit is filed, your case moves to one of our litigation teams.

Colibrí is led by attorney Alejandra and paralegal Ivis Rios Hannon.

Luminosos is led by attorney Daniel Martin DeLoa and senior paralegal Erick Lopez.

During the lawsuit process, your litigation team formally files and develops your case, exchanges information with the opposing side, and continues working toward a resolution. This phase can involve significant work and expense. Depending on the needs of your case, we may retain experts to provide professional opinions, commission accident reconstruction reports, take depositions from witnesses, and gather other evidence needed to build and support your case.

These expenses can add up, but at Pesek Law, we advance the costs necessary to pursue your case. You do not pay us anything unless we win your case. This allows us to invest the resources needed to develop your case without requiring you to pay those litigation expenses out of pocket while your case is pending.

A case can still settle during this phase. In fact, the work performed during litigation can help demonstrate the strength and value of your case. If a fair resolution still cannot be reached, your case moves forward toward trial.

Phase 3: Trial

At Pesek Law, we prepare every case for trial from the very beginning. This means that even while we are working toward a fair settlement, we are building your case with the preparation and attention it would require if it ultimately had to be presented before a judge or jury.

If your case proceeds toward trial, Ross Pesek, Managing Partner and Trial Attorney, joins your litigation team. Ross is our most experienced trial attorney, and his legal accomplishments include successfully obtaining recoveries that exceed insurance policy limits. This means that when a case goes to trial, we are prepared to pursue full compensation when the circumstances support it, even when that amount may exceed the available insurance policy limits.

For example, Ross has obtained a car crash excess settlement that was 30 times the underlying insurance policy limit. In a commercial truck case, he obtained a verdict that was 25 times the insurance company’s final pre-trial offer. These results reflect the level of preparation and advocacy we bring to cases that require litigation and trial.

As your case approaches trial, Ross and your litigation team work together to prepare and present your case before a judge or jury, who will ultimately make the final decision.

Who You Choose to Represent You Matters

If you or a loved one ever needs a personal injury lawyer to stand up for your rights against an insurance company, remember that who you choose to represent you matters.

Insurance companies know which law firms are prepared to take cases to trial, and a law firm’s track record can make a difference in how seriously a claim is taken. At Pesek Law, we prepare our cases for trial and are ready to fight for our clients when a fair resolution cannot be reached.

If you have been injured in Nebraska or Iowa, call Pesek Law for a free consultation at 402-342-9684. Let us listen to your story, explain your options, and help you understand the next step.

Frequently Asked Questions

1. What happens after Pesek Law takes my case?

Your case typically progresses through three phases: prelitigation, the lawsuit process, and trial. Not every case goes through all three phases because your case may be successfully resolved along the way.

2. Who will handle my case before a lawsuit is filed?

Your case begins with our prelitigation team, Zafiras, led by attorney Josephine Ramage and paralegal Jenly Mazariegos. They gather information, review your medical treatment and records, and work toward resolving your case through settlement.

3. Does Pesek Law have Spanish-speaking attorneys and staff?

Yes. Everyone at Pesek Law is bilingual in English and Spanish, so you can communicate with us in the language you are most comfortable using throughout your case.

4. What happens if the insurance company does not offer a fair settlement?

If a fair resolution cannot be reached during the prelitigation phase, Pesek Law is prepared to move your case forward by filing a lawsuit.

5.Why does it matter whether a personal injury law firm is willing to file a lawsuit or go to trial?

Insurance companies pay attention to which law firms are willing and able to litigate and try cases. When they believe a firm is unlikely to take a case to trial, they may have less incentive to make an offer that reflects the full and fair value of the claim.

6. Who handles my case once a lawsuit is filed?

Your case moves to one of our litigation teams. Colibrí is led by attorney Alejandra and paralegal Ivis Rios Hannon, while Luminosos is led by attorney Daniel Martin DeLoa and senior paralegal Erick Lopez.

7. What happens during the lawsuit process?

Your litigation team develops your case, exchanges information with the opposing side, and gathers evidence. Depending on your case, this can include hiring experts, commissioning accident reconstruction reports, taking witness depositions, and obtaining other evidence needed to support your claim.

8. Who pays for experts, depositions, accident reconstruction reports, and other litigation expenses?

Pesek Law advances the costs necessary to pursue your case. You do not have to pay those litigation expenses out of pocket while your case is pending, and you do not pay us unless we win your case.

9. Does filing a lawsuit mean that my case will definitely go to trial?

No. Your case can still settle during the lawsuit process. If a fair resolution cannot be reached, however, Pesek Law is prepared to continue moving the case toward trial.

10. What happens if my case goes to trial?

As your case approaches trial, Ross Pesek, Managing Partner and Trial Attorney, joins your litigation team. Pesek Law prepares cases for trial from the beginning, and Ross and your litigation team work together to prepare and present your case before a judge or jury.

Ross has obtained recoveries exceeding insurance policy limits, including a car crash excess settlement 30 times the underlying insurance policy limit and a commercial truck verdict 25 times the insurance company’s final pre-trial offer.

La entrada Typical Progression of a Case se publicó primero en Pesek Law LLC.

By Ross Pesek

In the bustling corridors of the Douglas County Courthouse, the busiest courthouse in Nebraska, the Prairie Barrister encountered an old adversary—a seasoned prosecutor known for their sharp wit and unwavering dedication to justice. The courthouse, with its grand rotunda ringed by murals and the sacred aura of its courtrooms, felt like a place where history and justice intertwined. 

The prosecutor, recognizing the Prairie Barrister, approached with a playful smile. “Well, well, if it isn’t the Prairie Barrister. I seem to recall having the upper hand in our last courtroom battle.” 

The Prairie Barrister returned the smile, their eyes reflecting memories of past legal skirmishes. “Ah, yes, those were the days. But you know, things have changed. Believe it or not, as a civil plaintiff lawyer now, I feel more like a prosecutor myself.” 

Intrigued, the prosecutor raised an eyebrow. “Really? What brought about the change?” 

The Prairie Barrister leaned against the hallway wall, reflecting on their journey. “In criminal defense, it often felt like drawing the short stick. Representing clients who were clearly guilty—those jury trials were what we called ‘slow pleas.’ You know, defending someone on their fifth DUI who hit a motorcyclist and was arrested on the spot. It was tough when the truth wasn’t on our side.” 

The prosecutor nodded, understanding the sentiment. “I remember those cases. You fought hard, but sometimes it was clear before the trial even started that you had drawn the short stick.” 

“Exactly,” the Prairie Barrister agreed. “But moving to civil cases allowed me to choose my battles. I get to pick clients and causes I believe in, maybe with even more freedom than you do as a prosecutor. And if I am choosing sides, I’m choosing the side that has the truth as an ally!” 

The prosecutor smiled, a knowing glint of respect in their eyes. “And how has that been for you?” 

“Remarkably satisfying,” the Prairie Barrister replied. “Now, I represent victims of negligence. For example, instead of having the drunk driver who hit the motorcyclist as my client at trial, I get to represent the motorcyclist who got hit by the drunk driver. Just that makes all the difference in the world. It’s ironic—civil defense lawyers now find themselves in the position I used to be in as a criminal defense lawyer, defending the indefensible because someone has to do it!” 

The prosecutor laughed, then said with seriousness, “Everyone deserves a defense. And it is best when you know your opponent has a good defense. An honorable trial lawyer wants to win fair and square when they know their opponent had every opportunity to defend themselves.” 

They both acknowledged the weight of their responsibilities. “It’s about more than just winning cases,” the Prairie Barrister mused. “It’s about fighting for what’s right, for seeking truth and justice in a world that often feels unjust.” 

The prosecutor agreed, “It does. And regardless of which side of the courtroom we find ourselves on, I respect the commitment to justice that drives you.” 

The Prairie Barrister continued, their tone thoughtful. “You know, working these civil cases, I’ve come to see how civil justice complements criminal justice. Civil justice can’t impose punishment or jail time, but it can provide direct compensation to victims. On the other hand, criminal justice can punish offenders but can’t offer direct relief to those harmed. Often, civil defendants are also criminal defendants. Our work, in a way, completes the circle of justice.” 

“That’s a good point,” the prosecutor said. “And what you say about having the truth as an ally in the court is correct as well —the truth works like a protective aura in the courtroom. It shields its ally from all manner of false attacks. Jurors can see through the smoke and mirrors when they are presented with clear, honest facts.” 

“Exactly,” the Prairie Barrister agreed. “And it’s our job to ensure that truth shines through, so the jurors can deliver a just verdict.” 

As they stood there, two advocates on different sides of the legal spectrum, the respect between them was palpable. “You know,” the prosecutor said, “regardless of our roles, it’s clear we both aim for the same thing—justice.” 

The Prairie Barrister nodded, their conviction unwavering. “Indeed. And as long as we stay true to that, we’re doing our part to make the world a little bit better, one case at a time.” 

With a final handshake and a nod of mutual respect, the Prairie Barrister and the prosecutor parted ways, each returning to their duties with renewed purpose. In the hallowed halls of the Douglas County Courthouse, their paths might differ, but their shared dedication to justice remained a guiding light. As the Prairie Barrister walked back to their office, they felt a sense of fulfillment, knowing they had chosen a path where they could truly make a difference—standing up for truth and justice, and transforming lives through the power of the law. 

La entrada The Prairie Barrister – The Circle of Justice se publicó primero en Pesek Law LLC.

After an accident, many people expect their insurance company to do exactly what it promised: respond, provide guidance, and offer support when it is needed most. But what happens if the insurance company refuses to pay?

Sometimes, answers take too long. The insurance company asks for more documents again and again. Or the offer received simply does not reflect the real impact the injury has had on a person’s life and their family.

The good news is that no one has to face this process alone. There are options, rights, and ways to seek help when an insurance company does not respond the way it should.

Can an Injury Affect the Entire Family?

Yes. A personal injury does not only affect the person who was injured in the accident. It can also change the routine, peace of mind, and stability of an entire family.

In some cases, a family member may have to stop working or change their schedule to care for the injured person.

That is why a personal injury claim should not be seen as just another process or piece of paperwork. Behind every case, there is a person trying to recover and a family trying to stay on its feet.

What Should You Do If the Insurance Company Refuses to Pay or the Promised Help Never Comes?

When an insurance company delays a claim, does not respond, or makes an offer that is too low, many people believe they have no other option.

But an initial offer does not always represent the real value of a case. It also does not mean the insurance company has the final say.

In a personal injury claim, it is important to review the full impact of the injury: medical expenses, lost income, pain, physical limitations, future treatment, and consequences for everyday life.

If the insurance company refuses to pay or offers too little money, legal guidance can help determine whether the case is being handled fairly and what steps may be taken to protect the rights of the injured person.

What Happens If Language Becomes a Barrier?

For many families, facing an insurance claim can be even more confusing when the process takes place in a language they do not fully understand.

Reading legal documents, speaking with adjusters, understanding medical terms, or answering questions from the insurance company can create fear of making a mistake.

No one should feel at a disadvantage for speaking Spanish or for not being familiar with the legal system in the United States.

In these cases, it is always best to seek support from a trusted attorney who can help read important documents, explain what is happening, and clarify the available options before decisions are made that could affect the case.

At law firms like Pesek Law, people can receive guidance in Spanish to better understand their claim, ask questions with confidence, and move forward with greater peace of mind.

Clarity is also a form of protection. When a family understands the process, they can make safer decisions to protect their well-being and their future.

Who Can Help When the Insurance Company Does Not Respond?

The best support is a personal injury attorney who can review the case, explain the available options, and communicate with the insurance company to help ensure the claim is taken seriously.

This does not mean that every case has to go to trial. Many cases are resolved through negotiation. However, having a prepared legal team can help balance the process and prevent an injured person from feeling pressured to accept less than what they need.

At Pesek Law, we understand that an injury can affect much more than physical health. It can change a family’s finances, peace of mind, and future.

That is why we listen to every story with care, explain the process clearly, and support our clients through every step of the way.

If This Situation Feels Familiar, Pesek Law Can Help

If the insurance company refuses to pay, if it does not respond, if the offer seems unfair, or if someone close to you is going through a similar situation, Pesek Law can help review what is happening, explain the available options, and provide guidance on the next steps to help the claim receive the attention it deserves.

The first consultation is free. In addition, there are no attorney fees unless compensation is obtained for the case.

To receive support, simply click here and share information about the case with us. Our team will get in touch as soon as possible. You can also visit us in the heart of Omaha: 4826 S 24th St, Omaha, NE 68107, USA.

Frequently Asked Questions

What should I do if my insurance company refuses to pay after an accident?

It is important not to accept a denial or a low offer without first reviewing the full case. Contacting a personal injury attorney is always the best step, along with keeping documents, medical records, and communications with the insurance company to help understand what options are available to protect a claim.

What happens if my insurance company does not respond after an accident?

It is recommended to keep all documentation, save records of calls, emails, and messages, and seek legal guidance if the insurance company continues delaying its response.

What should I do if the insurance company offers too little money?

You are not required to accept the first offer. A claim should be evaluated by considering medical expenses, lost income, pain, future treatment, and the true impact of the injury.

Can an insurance company delay a claim?

Yes, there may be investigations or requests for information. However, excessive delays or lack of communication can unfairly affect the injured person.

Do I need to go to trial to receive compensation?

Not always. Many personal injury cases are resolved before reaching trial. Even so, strong preparation can help strengthen the claim during negotiations.

At Pesek Law, we are with you.

La entrada Is Your Insurance Company Refusing to Pay? se publicó primero en Pesek Law LLC.

By Ross Pesek

What does it mean to try a case to a jury? I’ve been thinking a lot about it since participating in jury trial this last June, in Douglas County District Court. I’ve been involved in trials before, but this case was different and I could feel it. This case was my first civil jury trial.

In both the material and spiritual sense, I’ve been through trials. In the material, literal sense, I have handled jury and bench trials on a variety of matters in state courts, federal courts and administrative immigration courts. But never a civil jury trial for an injured person.

In terms of spiritual trials, I have repeatedly defended immigrants taken from their family homes at daybreak. ICE agents breaking doors, six-at-a-time to arrest a worker, carrying a lunch pail, wearing steel toe boots and ready for the day’s work. They often leave the wife and mother behind with the children and claim to be compassionate for not arresting the mother and leaving orphans. These spiritual trials are amplified by the lack of access to a jury trial. Immigrants are denied the right to be heard by their neighbors on deportation matters no matter how long they live next to them. Without the power to appeal to the common sense of justice that lies deep in every human heart, injustice reigns.

Where and how can we access the power of a jury to give justice to our community? How can I develop skills that allow me to communicate powerfully what justice demands? To my mind, answering these questions is the work of a trial lawyer. I consider being a trial lawyer to a lifelong experiment full of opportunities to refine my answers and methods.

For example, my first civil jury trial.

In this trial, I was fully aligned with the truth. Based on my prior trials, I knew being aligned with the truth is fundamentally powerful – especially in front of a jury. Jurors are different than insurance adjusters, corporate lawyers and judges. There is an ability to speak plainly, in plain terms. A juror’s mind is not clouded by convoluted intellectual justifications created to avoid the inescapable conclusion they have become an instrument of injustice. With a juror you can speak the simple truth and receive justice.

At least, that is what I was hoping.

During the trial, I started to feel it was working. I spoke plainly and truthfully. Actually, I felt embarrassed to say what I had to say – it felt mean. It is against my nature to be harsh. But sometimes the truth hurts. For example, it did not feel nice to tell the jury the corporation negligently injured a pregnant woman, made her life hell, offered no help, invaded her privacy by obtaining 10 years of medical records, attacked her while deposing her and, by having a trial, was continually salting the wound of their initial negligence by denigrating her good name in court.

But since it was true, when I said it, the jury heard it. Unlike adjusters, lawyers and judges they could sense that no one goes through a trial for fun or even for a “jackpot.” They go through a trial to receive justice.

That’s what I kept telling myself.

And then it came, my cubic centimeter of chance – that opportunity that comes and goes so fast you must be waiting for it to seize it. There it was, my opponent displayed his lack of fidelity to the truth flagrantly before the jury (a mistake I learned to recognize through personal reflection). With calm, we rose, pointed out the medical findings that had been so clearly misrepresented and, in closing, gored opposing counsel’s credibility to the point of no return.

At least, that is what I think happened, with hindsight.

With my opponent’s credibility gored and limping behind me, I had only my final words left to determine victory or defeat. But what of victory and defeat? I say nothing of them. I thought only of justice for my injured client. I prayed the night before closing argument by imagining the truth to be a compass pointing due North to justice.

So what did I tell the jury? I told them I had never asked a jury for money before – it was my first time. I told them I called a mentor with decades of experience for help the night before and he told me not to “blow it.” I looked at each of my most sympathetic jurors directly in the eye and gave them every powerfully true statement I could think of, one at a time, said for understanding not for flair. Although, that doesn’t mean there was no flair. The truth has its own flair and I stayed true.

The case was submitted to the jury at 11:00 am on a Friday. Six hours later the judge called and let us know a deal had been made after six-hours of deliberations allowing a 10-2, non-unanimous verdict. We arrived at the courthouse and the forewoman (it’s a modern world!)delivered the verdict: $60,000 for the Plaintiff as justice for 8 months of temporary hell, while pregnant, caused by corporate negligence.

Do you want to hear the shameless courthouse gossip about what happened in the jury room?

Of course you do – be honest.

A few days later the jury forewoman called to tell me what happened. She was concerned I would get the wrong idea about the hung verdict. The judge’s bailiff commented to her presuming the holdouts were for the Defense. As an aside, the same bailiff previously expressed skepticism to me about beating the offer to confess judgement made by the defense and the possibility I could be taxed with court costs – her cynic nature barely veiled.

No, said the forewoman. She had become forewoman specifically to bring justice to my injured client. She knew the anguish caused by a threatened miscarriage to a planned pregnancy. In fact, during voir dire she described how she had never conceived children with her spouse despite years of trying (and was not struck!). She argued for six hours for one million dollars and she was sorry to have “blown it.” She had two allies but lost her last one at 4:30 on Friday afternoon – allowing the 10-2 compromise verdict. She made them wait another 40 minutes after the defection, the full six hours, rather than agree to $60,000 and leave early. I made sure she knew she was my personal hero and thanked her profusely.

There you have it, my first civil jury trial – an experiment with the power of the truth.

La entrada The Prairie Barrister – My First Civil Jury Trial se publicó primero en Pesek Law LLC.

At the end of the day, insurance companies are businesses that do not want to lose money. Their job is to assess risk, control costs, and protect their interests. That is why, from the very beginning, they pay close attention to who is representing the injured person and how prepared that legal team is to take the case to trial if necessary.

It may seem like a small detail, but it can have a tremendous impact on the outcome of a claim.

Insurance Companies Know Which Cases Pose a Real Risk

Insurance companies handle thousands of claims every year. Over time, they learn which law firms are willing to accept a quick settlement and which ones are prepared to present evidence before a jury if the situation requires it.

When an insurance company knows that an attorney will thoroughly investigate the case, consult experts, gather evidence, and fight for their client until the end, the conversation changes.

Suddenly, a low settlement offer no longer seems like a good strategy because the insurer understands that it is facing attorneys who are prepared and willingto challenge unfair tactics. They know they cannot rely solely on delays, pressure, or inadequate offers.

Trial Preparation Increases the Value of a Case

Preparing a case for trial strengthens a claim because it shows that it is supported by thorough investigation, proper documentation, and strong evidence. This forces the insurance company to take more seriously the risks of continuing to offer unfair compensation.

When a company knows it may have to explain its decisions before a jury, the conversation changes.

Settlement offers are more likely to reflect the true extent of the damages, negotiations become more balanced, and injured victims have a fairer opportunity to obtain the compensation they need to move forward with their lives.

For this reason, many of the best outcomes are achieved not because the case actually went to trial, but because the insurance company knew it was dealing with a legal team that was willing and prepared to do so.

Trial Preparation as a Tool to Deter Unfair Practices

Unfortunately, some insurance companies use tactics designed to reduce payouts or emotionally wear down injured individuals.

They may delay responses, challenge necessary medical treatment, or make settlement offers that fail to reflect the true physical, emotional, and financial impact of an injury.

These strategies are often most effective when the company believes no one will challenge its decisions.

However, when there is serious trial preparation behind a case, the situation changes. The possibility that the insurance company’s actions may be publicly examined creates a strong incentive for it to act more responsibly.

In that sense, trial preparation does not only benefit one individual. It also helps promote a fairer system for everyone.

At Pesek Law, Every Case Is Taken Seriously

Most personal injury cases are resolved before ever reaching a courtroom. However, the best results often come from attorneys who prepare every case as though it will eventually be presented to a jury.

That preparation sends a clear message: every injured person deserves to be heard, respected, and treated fairly.

At Pesek Law, we believe that no one should feel pressured to accept less than what they need to rebuild their life after an injury. That is why we approach every case with the same level of commitment, attention, and preparation, regardless of whether it ends in a settlement or in court.

Because when insurance companies know we are prepared to go all the way, they understand that our clients are not alone. And that can change everything.

If you believe your claim is being delayed by an insurance company, contact us.

At Pesek Law, your first consultation is completely free. During that consultation, we can evaluate your case and help determine the best path forward to pursue the compensation you deserve.

Best of all, you pay nothing unless we win your case.

We are located at 4826 S 24th St, Omaha, NE 68107, or you can send us a message through our contact page, and we will get back to you as soon as possible.

At Pesek Law, we stand with you.

At Pesek Law, we are with you.

La entrada Why Insurance Companies Know We’re Going to Trial and Why It Matters se publicó primero en Pesek Law LLC.

Sometimes it is someone worried about their family, someone who does not know what to do after an accident, someone dealing with fear, stress, or uncertainty, or simply someone who needs to feel they are not facing everything alone.

And while legal work requires strategy, experience, and knowledge, at Pesek Law we believe it also requires something equally important: humanity. People are never just a file, a case number, or another legal process.

Listening Is Also Part of the Job

Many times, when someone reaches out to a law firm, they already feel exhausted.

Tired of not finding clear answers, of feeling ignored, of speaking with offices where no one is truly listening, and of having to explain their situation over and over again.

That is why, at Pesek Law, we care deeply about making sure every person feels seen, heard, and supported from the very beginning.

We do not believe in treating people “on autopilot.” We believe in taking the time to understand what is happening, what concerns each client has, and how we can help in the best way possible.

Because we understand that, for the person going through it, this is not “just another case.” It is their life.

The Way We Work With Each Other Matters Too

The way a law firm treats its clients begins with how the people inside the firm treat one another.

That is why, at Pesek Law, we strive to build a culture based on respect, empathy, and mutual support. We know that when a team works with trust and purpose, it directly reflects in the care our clients receive.

And yes, of course we care about doing our legal work well. But we also care about how people feel throughout the process.

We want our clients to know:

• Someone is there to support them.
• Their questions matter.
• They are always welcome to ask.
• They are not alone while navigating something difficult.

We may not always be able to remove the challenges of a legal situation. But we can make the process feel clearer, more human, and less overwhelming.

Sometimes, a follow-up call, a simple explanation, an honest conversation, or simply knowing that someone is truly paying attention can completely change a person’s experience.

And that is something we never want to lose at Pesek Law, no matter how much we grow.

Running a people-centered law firm is a daily decision. It is the way we choose to work every single day.

We constantly remind ourselves that the people who come to our office are often going through vulnerable, important, or difficult moments. And that our job is not only to resolve legal matters, but also to provide peace of mind, clarity, and support along the way.

At Pesek Law, we believe the best legal service begins when people feel something very simple, yet very powerful:

“They truly care about helping me.”

If you need legal guidance, we invite you to visit us at Pesek Law for a completely free initial consultation.

“At Pesek Law, we are with you.”

La entrada Running a People-Centered Law Firm se publicó primero en Pesek Law LLC.

By Ross Pesek

In the bustling corridors of the Douglas County Courthouse, the busiest courthouse in Nebraska and known as the “Hall of Justice,” the Prairie Barrister found themselves face to face with a young lawyer who was clearly in distress. The young lawyer’s voice trembled with frustration and disbelief.

“Prairie Barrister, I don’t understand what just happened,” the young lawyer began. “The judge’s recent order was completely upside down. They cited directly from the defense counsel’s brief without checking their legal citation. The citation was given to the court by the insurance lawyer who knew the case had the exact opposite holding, but the judge never even checked the citation before putting it in their order. I provided the correct legal standard and citation that was key cited and confirmed to be up to date.”

“Ouch,” replied the Barrister, knowing this kind of thing happens more than it should.

The young lawyer continued, “And they weren’t just wrong on the law, they were wrong on the facts too. I provided the evidence that shows the facts cited in the order are wrong. But the judge wrote demonstrably incorrect facts in their order anyway.”

The young lawyer continued, “Was it me? Is it something about how I write? About how I argue? Does this happen to everyone or just me?”

The Prairie Barrister listened patiently, understanding the depth of the young lawyer’s frustration and the personal toll it was taking. Then, with a touch of wry humor, replied, “No, it doesn’t happen to everyone—just civil plaintiff lawyers arguing for negligence victims against corporate power!”

The young lawyer let out a small, disbelieving laugh. “What? But why? Why is it like this?”

“It’s a confluence of several factors,” the Prairie Barrister began. “First, let’s consider the background of most judges. Hardly any judges have ever practiced plaintiff law. A few might have dabbled, but rarely were they a dedicated civil plaintiff trial lawyer who then chose to become a judge. And it took me ten years of dedicated practice to really understand the ins-and-outs of civil litigation, so a judge with minimal or no experience handling these cases can be forgiven for not understanding all the dynamics at play.”

The young lawyer took a breath, “Well, sure, but some of them have civil litigation experience, right?”

“If they have any experience with civil trial practice, it is usually as a former insurance or corporate lawyer turned judge, which is not the same at all. In fact, that can feel like having a second opponent on the bench.”

“Exactly,” the young lawyer interjected, “I have experienced that before.”

The Prairie Barrister continued, “Many judges are former prosecutors who never handled civil plaintiff cases and don’t really understand the intricacies involved. They see their docket and know 99 out of 100 times these cases settle before trial. I’ve had multiple judges tell me they can go a year or more between civil jury trials – which means they may have only handled a few in their entire career.”

The Young Lawyer nodded. “Wow. Because they know the cases usually settle, they know even less cases are appealed. The bottom line is, they know even a wrong decision is unlikely to ever be reviewed so why put too much time and effort into it with so many other pressing matters to address?”

“On that, there is a little bit of justification,” added the Prairie Barrister. “Afterall, the judges are swamped with divorces and criminal cases. It isn’t like they have nothing else to do. These civil disputes usually take care of themselves, so putting their time on other matters can seem smart to them.”

The Prairie Barrister a continued, “But judges miss the larger truth that often, civil justice is the only justice the victims of crimes will receive directly or that the harm caused by simple negligence can be huge and urgent, like death and severe permanent injury.”

The young lawyer sighed, the weight of reality setting in. “And the sympathy they show—it’s surprising. Many judges have dealt with criminal defense litigation tactics as a prosecutor or from the bench and deal with it efficiently and no nonsense. But it is totally different in civil litigation.”

“That’s true,” the Prairie Barrister agreed. “Civil defendants for money damage verdicts receive more leeway to delay, deny, and defend. It’s perplexing, given the civil defendant has sometimes been a criminal defendant that received zero sympathy during no-nonsense criminal proceedings.”

“And the pretrial rulings,” the young lawyer continued, frustration creeping back into their voice. “They always seem to delay the trial. The defense never seems to have enough information disclosed, yet they hardly disclose anything themselves. They make dubious accusations with no proof but so many such accusations, on so many topics, that it makes simple cases seem complex. In the end, the judges end up overwhelmed by unimportant side issues, start to believe there is too much going on to have a trial and continue deadlines and trial – which is all the defense wanted to begin with.”

“Exactly,” the Prairie Barrister said, a note of empathy in their voice. “Civil defense lawyers are often masters at using delay tactics. They will slow down every step of the process and then turn around and claim that they need more time. When judges buy it, it is a frustrating cycle.”

“But here’s the silver lining,” the Prairie Barrister continued, leaning forward. “The jury is our ultimate saving grace. It may take years of frivolous litigation. You may face headwinds from your opponent and the bench, but that is precisely why the Seventh Amendment exists. So you, the trial lawyer, can argue about truth and justice to your neighbors, the jury, and sideline all the legal gamesmanship and abuse of power. It gives us, the trial lawyers, one shining opportunity to set it all right.”

“The Seventh Amendment is my favorite amendment,” said the Barrister, “It is the reason I try every case I can to a jury. Never to the bench. Certainly, never to my opponents, corporate or insurance lawyers!”

The young lawyer looked up, hope rekindled in their eyes. “So, we just have to be patient and persistent?”

“Exactly,” the Prairie Barrister affirmed. “If you keep your focus on preserving your trial right and trial date, you can deflate the importance of these squabbles and erase every single litigation battle. With this mindset, you’ll gain patience.”

“As an added bonus, if you keep a patient, professional attitude, sometimes a judge will surprise you. One time, a judge sided with my opponent for years during pre-trial litigation but then, during the trial, they realized my opponent was supplying them bad law and their rulings would be reviewed on appeal. The damn broke and the judge started applying the law as it was written, exactly the opposite of how my opponent had been arguing, and we got a tsunami of favorable rulings – just in the nick of time.”

“Ask yourself this, would you rather have the judge give you favorable ruling for years during pre-trial litigation or for a few days at trial?”

“Trial, of course!” The young lawyer responded quickly.

“So, let me ask you a question, on this most recent order you mentioned: Do you still have a jury trial right and a trial date?”

The young lawyer smiled big, “Now that you mention it, yes. I do still have my trial right and trial date.”

“Then you are still in the game,” the Prairie Barrister said calmly.

The young lawyer nodded, a sense of calm settling over them. “Thank you, Prairie Barrister. I needed to hear that.”

“Anytime,” the Prairie Barrister replied warmly. “Remember, you’re not alone in this fight. We all face these challenges, but it’s our commitment to justice and our belief in the truth that guides us through. Despite everything, keep faith in the process, and trust that the jury will see the truth and deliver justice.”

As the young lawyer walked away from the Prairie Barrister, they felt a renewed sense of purpose. The road ahead might be fraught with challenges, but with patience, persistence, and a steadfast belief in the power of the jury, they knew they were ready to carry the torch forward.

La entrada The Prairie Barrister – Does it Happen to Everyone? se publicó primero en Pesek Law LLC.

But in many cases, it’s not. Delays, low offers, or denials without clear explanation can quickly turn a difficult situation into a frustrating one.

Bad faith: when the process stops being fair

Bad faith doesn’t usually appear as a single event. It shows up in the way a claim is handled over time.

It often involves decisions like:

• Unjustified delays
• Ignoring relevant evidence
• Offering far less than what is reasonable
• Denying a claim without a solid basis
• Avoiding clear communication

Every insurance company has a clear legal obligation: to act in good faith and deal fairly.

This means they must:

• Evaluate the facts objectively
• Conduct a proper investigation
• Make reasonable decisions
• Communicate clearly
• Avoid taking advantage of the situation

This is not optional. It is not a customer service standard.

When that duty is broken, the situation may involve bad faith. Not mistakes… decisions. This is the most important point.

Insurance companies often explain their actions as:

• “administrative delays”
• “internal processes”
• “pending reviews”

But when the full picture is analyzed, a pattern often appears: these are not isolated mistakes. They are decisions, such as:

• Delaying to create pressure
• Offering less in hopes of quick acceptance
• Denying early to avoid paying

So, what is a bad faith claim?

When this happens, there is a legal path forward: a bad faith claim.

Unlike a standard claim, this type of legal action focuses not only on the outcome, but on something more important:  how the claim was handled.

It allows improper conduct to be challenged directly.

How a bad faith claim protects you

Without legal action, the process typically looks like this:

1. The insurance company makes the decisions
2. The injured party reacts to them

Once a bad faith claim is filed, the dynamic shifts:

1. The insurance company must justify its decisions
2. Its conduct is evaluated under legal standards

This creates real impact:

• The case is taken more seriously
• Pressure tactics and delays are reduced
• There is a stronger path to fair compensation
• Improper conduct may carry consequences

It’s no longer just negotiation. It becomes accountability.

How a bad faith case is built?

A bad faith claim requires a strategic legal approach. A law firm like Pesek Law focuses on:

• Analyzing every decision made during the process
• Identifying actions without a reasonable basis
• Detecting patterns of unfair conduct
• Building a strong legal case

The goal is not just to show disagreement, but to demonstrate that the process itself was handled improperly.

Warning signs that should not be ignored

Certain patterns may indicate bad faith:

• Repeated delays without explanation
• Lack of clear communication
• Offers far below what is reasonable
• Denials without a solid basis
• Processes that seem designed to wear you down

When these signs appear, the situation deserves closer review. Taking action is also protection

Taking action can:

• Set clear limits
• Demand transparency
• Prevent accepting less than what is fair

At Pesek Law, every decision matters

In bad faith cases, the issue is not just the outcome. It’s the decisions behind it.

At Pesek Law, the focus is clear:

• Analyze the full process
• Identify bad faith conduct
• Challenge unjustified decisions
• Build a strong legal strategy

Free consultation

If the process is not moving as it should, a legal review can provide clarity on available options.

If you suspect a case of bad faith, it’s best to review it and identify the issue promptly to ensure justice is served.

At Pesek Law, we offer a completely free initial consultation to review your case. Request one by  clicking here or visit us at 4826 S 24th St, Omaha—we’re located in the heart of Omaha.

This content is for informational purposes only and does not constitute legal advice. Each case must be evaluated individually.

La entrada What Is an Insurance Bad Faith Claim and How Does It Protect You? se publicó primero en Pesek Law LLC.

At Pesek Law LLC, we understand this at its core. Since 2011, we have offered free legal consultations in Spanish every Monday evening through our Free Legal Clinic Free Legal Clinic at the parish offices of Our Lady of Guadalupe in South Omaha. This service was born from a simple idea: remove the first obstacle many families face when seeking legal help the cost of a consultation and replace it with access, trust, and dialogue.

Why a Free Legal Clinic?

We know that for many families, paying $150–$300 for a consultation with an attorney is simply not a realistic option. That cost can mean sacrificing groceries, rent, or medication. The Pesek Law Free Legal Clinic exists to change that reality. Each week, a team of bilingual volunteer attorneys is there, ready to sit with you, listen to your story, and provide clear guidanceat no cost.

This space is not a courtroom hearing or a formal high-level consultation. It is a safe place to explain what is happening, what concerns you, and what options you may have. We have seen how behind every question is a person who wants to understand, move forward, and make informed decisions without feeling alone in the process.

Listening Is More Than Hearing Words

As attorneys, our role goes beyond applying the law. The first thing we truly do is listen. Active listening is the foundation of any effective legal advice.

Many people who have come through our clinic tell us that, for the first time, they felt someone spoke their language not only linguistically, but with human understanding. That opens doors: it eases fears, clarifies options, and helps outline the next step with confidence.

From Our Meeting to the Courtroom

Justice means knowing your rights, understanding how your options work, and feeling that a professional is walking alongside you through the process. In our clinics, we do more than answer questions; we connect individuals with resources and explain, step by step, what may come next.

This effort would not be possible without the commitment of dedicated volunteer attorneys who believe as we do that access to legal guidance should not depend on anyone’s ability to pay.

Our Call to the Community

If you are facing a legal situation and don’t know where to begin, we invite you to attend our clinic. No appointment is necessary simply arrive between 7:00 p.m. and 9:00 p.m. at the parish offices of Our Lady of Guadalupe and you will be assisted on a first-come, first-served basis.

And if you are a bilingual attorney with a desire to serve, your experience can make a meaningful difference in the life of someone who truly needs it. Join us.

La entrada From the Clinic to the Courtroom: Justice Starts with Listening se publicó primero en Pesek Law LLC.

Every good trial attorney becomes intimately familiar with the facts of their cases. These narratives, steeped in emotion, conflict, and resolution, live within us, echoing the triumphs and tribulations of our clients. It is the sacred duty of a trial attorney to harness these stories, allowing them to take form, and then release them with precision and passion at the most opportune moment—a jury trial. To not merely recount events, but to breathe life into them, making them as real for the listeners as they were for those who lived them. It’s in this careful nurturing of stories and the art of their telling that a trial lawyer sharpens their skills and refines their craft. 

Practicing law, even in the allegedly empty and vast prairie landscapes of Nebraska, is a journey full of moral and ethical dilemmas. Often, the depth and intricacies of these stories are such that even our dearest friends and family might find them overwhelming and “tune out” when confronted with an avalanche of information. Yet, every client, every case bestows profound lessons upon us. But how do we process these lessons if we cannot share these tales? How can we truly understand and grow from our experiences if they remain trapped within us? How can our friends and families understand us if our stories are blocked by a wall of confusing and conflicting facts and arguments? 

Thus, what follows is my attempt to bridge this gap. These are not mere recounts of professional experiences, but parables inspired by them. While not strictly factual, they contain invaluable lessons learned on the path to justice. For any justice seeker, the stories should be true enough to illuminate the path. 

Whether you’re a seasoned lawyer, just beginning your journey in the profession, or someone entirely outside the legal realm, I hope these tales resonate. They aim to embolden those considering following the path to justice revealing both its merits and challenges. For the curious non-lawyers, they might offer insight into the complexities and rewards of a life dedicated to the pursuit of justice. 

The path to justice might be daunting, but it’s also filled with revelations and enrichment. As you turn these pages, I hope you discover not just the legal insights, but also the profound human truths nestled within them. 

La entrada The Prairie Barrister – Foreword to the Reader se publicó primero en Pesek Law LLC.