Home › Personal Injury Laws by State › Nebraska Personal Injury Laws

Nebraska generally allows most personal injury lawsuits based on negligence to be filed within four years after the claim accrues. Shorter periods apply to some kinds of claims, including medical malpractice and wrongful-death claims, and claims against governmental entities involve their own periods and requirements. This page cannot determine which deadline applies to any particular situation; only a licensed Nebraska attorney reviewing the facts can do that.

Nebraska generally follows an at-fault system for motor-vehicle injury claims. Liability ordinarily depends on who caused the collision. The compensation available in any particular matter generally depends on the injuries or losses involved and the insurance coverage that applies. How these rules apply in any individual situation depends on its facts, and if the parties involved cannot agree on liability, the court process may be necessary to resolve it.

Nebraska follows a modified comparative-fault rule. In general terms, compensation may be reduced according to an injured person's share of fault, and recovery is generally barred when that person's fault is equal to or greater than the combined fault of the party or parties from whom recovery is sought. Whether and how fault is attributed in any particular matter depends on its facts and may have to be determined by a court of law.

Nebraska generally requires vehicle owners to maintain liability insurance that meets minimum requirements established by state law. Nebraska policies generally must also include uninsured and underinsured motorist coverage under state law. The coverage available in any particular situation depends on the policies involved and current law.

Nebraska does not impose a general cap on compensatory damages in most personal injury cases, but state law does limit damages in specific kinds of claims, including an overall limit that applies in medical malpractice cases, and special rules apply to claims involving governmental entities. Because these provisions and amounts may change, this page does not state a dollar figure or determine whether any limit applies to a particular matter.

Nebraska personal injury lawsuits may be filed in the state's district courts, which have general civil jurisdiction, or in county court for some more limited civil matters. Many injury claims are resolved through insurance processes or negotiation without a lawsuit being filed. Which court, if any, would be appropriate depends on the nature of the claim, the relief involved, and other facts that a licensed Nebraska attorney can evaluate.

A licensed Nebraska attorney can explain how rules involving deadlines, fault, insurance, damages, and procedure may apply to a specific situation—something a general reference page cannot do. This platform helps injured people seek connections with participating local personal injury attorney offices in the Nebraska communities listed below, based on availability. Requesting a connection is free and carries no obligation to hire an attorney.