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