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Nebraska
Personal Injury Law
The following summary of Nebraska personal injury laws and case types will
help you understand important aspects of injury claims in this state.
Nebraska Statute of Limitations:
Personal
Injury: 4 years for negligent conduct
Medical
Malpractice: 2 years
Products
Liability: 10 years from when the product was first sold
Wrongful
Death: 2 years
Caps on Personal Injury Awards in Nebraska:
The non-economic personal injury award may not exceed $1,750,000 for medical
malpractice cases and $500,000 for each health care provider.
Nebraska Serious Injury Threshold:
There is no serious injury threshold in the state of Nebraska.
Nebraska is a
Fault state and follows the modified comparative
negligence – 51% theory. This means that a party can only seek recovery
for their damages if they are 50% or less at fault in the accident.
Personal Injury Claims & Theories of
Liability in Nebraska:
Auto
Accident Claims: Automobile drivers who are negligent in the
operation of a motor vehicle and cause personal injury or property
damage as a result will be liable to the injured party.
Medical Malpractice: A
health care professional must provide an accepted standard of care.
This is that level of care and treatment recognized as appropriate by
similar healthcare providers under similar circumstances.
Slip and
Fall Accidents: Property owners are held to a special
standard
requiring that they maintain their premises in a safe manner, make
reasonable inspections and notify others of known dangerous conditions.
When a property owner fails to do so, they will be liable for personal
injuries that result.
Product
Liability Lawsuits: When products placed into the stream of
commerce for use and consumption injure another, manufacturers,
designers and distributors will be held strictly liable for the
injuries meaning that the consumer need not prove fault.
Wrongful
Death Cases: If an individual dies due to the negligence of
another in an automobile accident, a medical malpractice case, a work
related injury or a premises liability case, the liable party or
parties will be responsible to the victim's estate for any and all
personal injury settlements that arise.
Workers
Compensation Laws: In Nebraska, all employers are required to
carry workers compensation insurance so that, in the event of a
workplace injury, employees' medical expenses will be covered.
For More
Information Check out these sites:
Official
Nebraska State Government Website
Nebraska
State Bar Association
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Injury Laws
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Injury Claims
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