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Nebraska Personal Injury Laws

Nebraska Personal Injury Laws

In This Section:

Nebraska personal injury laws vary from other state’s laws. Below are the most common personal injury laws in the state of Nebraska. Understanding your compensation rights and getting the help of Nebraska attorney is your first step towards filing a successful Nebraska personal injury claim.

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Nebraska Statute of Limitations
(How long do I have to file claims in Nebraska?)

The Nebraska statute of limitations for filing personal injury claims is 4 years. Nebraska’s medical malpractice statute of limitations is 2 years from the act which gave rise to the claim or within one year from the date the injury should have been discovered. Product liability claims in Nebraska must be filed within 4 years. These statutes for Nebraska claims are subject to change, contact a Nebraska injury attorney for definitive statutes at the time of your accident or injury.

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Car Accidents, Nebraska is a Fault State

Nebraska is a fault-based state. Fault based systems allow the insurance companies to pay damages according to each driver’s degree of guilt. To recover compensation you may receive compensation from your insurance company (who will receive payment from the guilty driver’s insurance company), the other driver’s insurance company or file a lawsuit to seek compensation for damages of lost wages, medical expenses and property damage.

Nebraska is a Modified Comparative Fault – 50% Bar

Nebraska is one of 12 states which uses the 50 percent bar rule. Under this rule you must be less than 50% responsible for the injury or loss to recover damages or compensation. If your fault is greater than 49% you cannot recover compensation. Additionally, your recovery is reduced by your degree of fault.

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Are there Damage Caps in Nebraska Injury Law?

(How much in compensation could I get?)
In Nebraska, the non-economic personal injury award may not exceed $1,750,000 for medical malpractice and $500,000 for each health care provider. There is no serious injury threshold in the state of Nebraska. Workers’ compensation for temporary total disability and permanent total disability are paid based on a percentage of the worker’s wage, up to a maximum weekly payment amount. Talk to a personal injury lawyer about more specific caps on injury payments.

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