Nebraska Personal Injury Law Resources

Nebraska is an at-fault state with a four-year statute of limitations, modified comparative fault with a strict 50% bar, and no caps on damages in general personal injury cases. Nebraska is one of few states that constitutionally prohibits punitive damages. Medical malpractice cases are subject to a unique $2.25 million total damages cap covering both economic and non-economic damages combined. Auto insurance minimums are 25/50/25 with mandatory UM/UIM coverage.

Statute of Limitations

General Personal Injury FOUR Years

Nebraska provides a four-year statute of limitations for most personal injury claims under Neb. Rev. Stat. § 25-207. This applies to motor vehicle accidents, premises liability, slip and fall, dog bites, and general negligence.

Specific Deadlines

Wrongful death: Two years from the date of death.

Medical malpractice: Two years from the date of the alleged act or omission. If not discoverable within that period, one year from the date of discovery. Subject to a 10-year statute of repose no claim can be filed more than 10 years after the alleged malpractice regardless of when the injury was discovered.

Product liability: Four years for general products; five years under Neb. Rev. Stat. § 25-224 for certain product cases.

Intentional torts (assault, battery, false imprisonment, defamation): One year.

Property damage: Four years.

Government Claims TWO Years

Claims against political subdivisions must be filed in writing within two years from the date the claim accrued under the Political Subdivisions Tort Claims Act. Claims against the state must be submitted in writing to the State Claims Board within two years. Failure to provide timely written notice bars the claim.

Tolling

The statute is tolled for persons under 21 years old (not 18, as in most states) and for persons with mental incapacity or who are incarcerated. The discovery rule applies in limited circumstances.

Modified Comparative Fault (Strict 50% Bar)

Nebraska follows a modified comparative fault rule with a strict 50% bar under Neb. Rev. Stat. § 25-21,185.09. A plaintiff who is 50% or more at fault is completely barred from recovery. If the plaintiff is 49% or less at fault, damages are reduced by their percentage of fault.

This is a strict 50% bar meaning a plaintiff who is exactly 50% at fault recovers nothing, unlike some states that allow recovery at exactly 50%.

Damage Caps

No General Personal Injury Caps

Nebraska imposes no caps on economic or non-economic damages in general personal injury cases (auto accidents, premises liability, product liability, wrongful death, etc.).

No Punitive Damages

Nebraska's Constitution effectively prohibits punitive damages in civil suits. The Nebraska Supreme Court has held that excessive damages beyond reasonable compensatory amounts are unconstitutional. This makes Nebraska one of very few states where punitive damages are unavailable.

Medical Malpractice $2,250,000 Total Cap

Nebraska's medical malpractice cap is unique in the nation because it caps total damages (economic and non-economic combined) rather than just non-economic damages. Under the Nebraska Hospital-Medical Liability Act (Neb. Rev. Stat. § 44-2825):

• After December 31, 2014: $2,250,000 total cap
• After December 31, 2003 through December 31, 2014: $1,750,000
• After December 31, 1992 through December 31, 2003: $1,250,000

Qualified health care providers pay no more than $500,000 individually; amounts above that are paid from the state's Excess Liability Fund.

Medical malpractice cases must be submitted to a medical review panel before filing suit (though panel review can be waived by the plaintiff).

Government Liability

Government liability under both the State Tort Claims Act and the Political Subdivisions Tort Claims Act is subject to statutory limits. Specific caps vary by the type of government entity.

Auto Insurance Requirements

Nebraska is an at-fault (tort) state.

Liability Minimums 25/50/25

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $25,000 per accident for property damage

Mandatory UM/UIM Coverage

Nebraska requires Uninsured/Underinsured Motorist (UM/UIM) coverage at the same minimums as liability coverage: $25,000/$50,000.

No PIP Required

Nebraska does not require Personal Injury Protection (PIP) coverage.

Where Personal Injury Cases Are Filed

Personal injury lawsuits in Nebraska are filed in District Court, the state's trial court of general jurisdiction. Nebraska has 12 judicial districts covering 93 counties. County Court handles smaller civil cases up to $57,000. Small Claims Court handles cases up to $3,900.

Douglas County (Omaha), Lancaster County (Lincoln), Sarpy County (Bellevue/Papillion), Hall County (Grand Island), and Buffalo County (Kearney) handle the highest volume of personal injury litigation.

Common Types of Personal Injury Cases in Nebraska

Nebraska's agricultural economy, extensive interstate system, severe weather patterns, and growing urban centers generate diverse personal injury litigation. Common case types include motor vehicle accidents (particularly on I-80, the nation's cross-country corridor, as well as I-76 and US 81), commercial truck and 18-wheeler accidents (I-80 is one of the heaviest trucking corridors in the nation), premises liability, medical malpractice, product liability (including agricultural equipment), wrongful death, construction accidents, workplace injuries, farm and ranch accidents, railroad accidents (Union Pacific is headquartered in Omaha), dog bites (Nebraska imposes strict liability under Neb. Rev. Stat. § 54-601), nursing home abuse and neglect, grain elevator and silo accidents, and severe weather-related injury claims (tornado, hail, flooding).

This page provides general legal information about Nebraska personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in Nebraska to discuss the specific facts of your case.