Personal Injury Laws in Nebraska

Personal Injury Law in Nebraska: Overview

Nebraska follows a modified comparative fault system with a 50% bar, preventing recovery for plaintiffs whose negligence is equal to or greater than the defendant's. The state has a four-year statute of limitations for most personal injury claims. Nebraska does not impose statutory caps on damages in standard personal injury cases between private parties but does cap damages in medical malpractice and government tort claims. The state is a fault-based jurisdiction for auto accidents. Nebraska is unique in having a unicameral legislature (single-chamber), which affects how tort reform legislation is considered. The state's agricultural economy creates injury scenarios involving farm equipment, grain storage, and livestock operations.

Key Statutes & Deadlines

Nebraska Hospital-Medical Liability Act

Nebraska's Hospital-Medical Liability Act caps total damages in medical malpractice cases at $2,250,000 per occurrence. The Act requires plaintiffs to submit claims to a medical review panel before filing suit. The panel consists of medical professionals who review the claim and issue a non-binding opinion. This process must be completed before a lawsuit can be filed. The first $500,000 of any judgment is paid by the healthcare provider's insurer, and amounts above that are paid from the Excess Liability Fund. The Act applies to qualified healthcare providers who maintain specific insurance and contribute to the Fund.

State Tort Claims Act

Claims against Nebraska state government are governed by the State Tort Claims Act, which caps damages at $1,000,000 per occurrence. Claims against political subdivisions are governed by the Political Subdivisions Tort Claims Act with a similar $1,000,000 cap. Both Acts require filing of a claim with the appropriate entity before filing suit. The state Act requires a claim within two years. These Acts waive sovereign immunity for certain categories of claims while maintaining immunity for discretionary functions, legislative acts, and other specified activities. Punitive damages and prejudgment interest are not available against government entities.

Joint and Several Liability

Nebraska abolished joint and several liability through its comparative fault legislation. Each defendant is only liable for their proportionate share of fault as determined by the jury. The jury allocates fault percentages among all parties, including the plaintiff, named defendants, and settling parties. If a defendant is insolvent or cannot pay their share, the uncollectable amount is not redistributed to other defendants but remains the plaintiff's loss. This system places the risk of uncollectable judgments on the plaintiff and encourages naming all potentially responsible parties in the lawsuit.

Nebraska Court System

Nebraska's District Courts serve as the trial courts of general jurisdiction for personal injury cases. The state has 12 judicial districts covering 93 counties. County Courts handle smaller civil matters up to $57,000. Appeals go to the Nebraska Court of Appeals, and further review is available from the Nebraska Supreme Court. Civil juries consist of 12 members in District Court, and verdicts require a five-sixths majority. Nebraska requires pretrial conferences and encourages mediation.

Damages & Penalties

Nebraska allows full recovery of economic damages in standard personal injury cases without statutory caps. Non-economic damages are also not capped in standard cases. Medical malpractice damages are capped at $2,250,000 total. Punitive damages are generally not available in Nebraska, which is a significant distinction from most states. The Nebraska Supreme Court has held that punitive damages are not part of Nebraska's common law. However, specific statutes may authorize additional damages in certain contexts. Nebraska follows the collateral source rule. Pre-judgment interest is available at a variable rate set by the state treasurer.

Recent Legislative Changes

Nebraska has periodically increased the medical malpractice damage cap. The unicameral legislature has considered various tort reform proposals including adjustments to the comparative fault threshold and government tort claim caps. Courts have addressed the scope of the comparative fault statute and the admissibility of expert testimony.

Frequently Asked Questions