Personal Injury Claims & Lawsuits In Nebraska (2026)

Common Types of Personal Injury Claims in Nebraska

Getting hurt in any type of accident can be devastating. Take a closer look at common scenarios that lead to personal injury claims in Nebraska.

Motor Vehicle Accident

Nebraska is a fault state for motor vehicle accidents, so the party that causes the crash is responsible for covering the losses. If you were partly at fault for the accident, you can still receive compensation, though, as long as you don’t hold the majority of the blame. This is because the state has modified comparative negligence laws.

In these cases, you would file a claim against the liable party’s insurance. If it’s not possible to reach a settlement, you can then pursue a lawsuit. Most cases reach a settlement. Of the ones that do go to trial throughout the country, car accident cases have about a 60% chance of success.

General Injury

You can file personal injury claims & lawsuits in Nebraska if you suffer injuries after most types of negligent or wrongful conduct. If something falls on you while walking through a mall, or a product you purchase malfunctions, you can seek compensation.

You would file your claim against the liable parties, like store owners, manufacturers and a variety of other entities. In most instances, you file against the other party’s auto or home insurance.

Workers’ Compensation

You might file a workers’ compensation claim after getting hurt at work. Nebraska requires employers to offer this type of insurance to their employees.

If you’re injured or become ill on the job, you can receive compensation for medical expenses and lost wages. You typically won’t be able to file a personal injury lawsuit against your employer, however.

Sexual Assault

If you suffered a sexual assault, you can file a lawsuit against the perpetrator. You would be filing against their general liability insurance. There may be more than one party involved. If the perpetrator was an employee of a school or other institution, you may be able to hold them responsible, too.

Dog Bite

Nebraska has strict liability laws for dog bites. Every dog owner is liable for the losses their dog causes if they bite someone, unless the person was trespassing. That’s the case even if the dog has never bitten anyone else before. Usually, you would file against the other party’s homeowner’s insurance.

Slip and Fall

Property owners and managers must maintain reasonably safe premises. If they knew or should have known there was a hazard on their property and did nothing about it, you can file a premises liability claim or lawsuit against them.

Wrongful Death

All manner of accidents can result in a wrongful death, from motor vehicle collisions to falls, workplace accidents and even intentional acts like assault.

Wrongful death claims are similar to personal injury claims. The main difference is that the person who sustained injuries because of negligent or wrongful conduct did not survive. They can’t file a claim on their own behalf, which makes it necessary for others to file on their behalf.

In Nebraska, only the personal representative of the deceased can file a wrongful death claim. The damages they obtain will go to close family members.

It’s possible to obtain economic damages, which address the medical expenses that your loved one incurred before dying, as well as any funerary costs that your family incurred. If the deceased provided services like child rearing, and you will have to hire someone to do this, then those expenses will also need to be addressed via economic damages.

Non-economic damages address pain and suffering, as well as loss of consortium.

Medical Malpractice

Medical malpractice occurs when a healthcare provider commits a preventable error. You can file against the individual provider, and if they’re an employee of a facility, you can also file against them.

Filing a Personal Injury Claim

To file personal injury claims & lawsuits in Nebraska, you will want to gather any relevant evidence you can, including any photos or information you managed to collect from the scene of the accident, along with your medical records. Hiring an attorney is also essential.

Your lawyer can file the claim and negotiate with the defendant’s insurance company. You should never accept an offer without consulting with an attorney. They will know how to handle the tactics insurers may try to minimize your claim.

If you can’t reach a settlement, the case can then move on to trial. Between 60% and 70% of cases are resolved without going to trial.

You should always file a claim as promptly as possible, since you only have four years in the majority of cases to begin a personal injury claim.

Typical Personal Injury Settlement Amounts in Nebraska

Although Nebraska-specific data is not available, the average settlement for car accident injuries in the nation is $30,416, while average dog bite settlement amounts are around $69,300. For medical malpractice, settlement values can vary greatly. The average payout for cancer misdiagnosis cases, for example, is $450,000.

Trial awards can be larger, but the expenses involved with going to court are also more significant. In the end, the majority of cases are resolved with a settlement.

Damages Caps in Nebraska

Most personal injury cases in Nebraska will not be subject to damage caps. The only cases that do have caps are medical malpractice claims. The limit in these cases is $2.25 million.

But how are damages calculated? Economic damages are easier because you will have receipts that show the various losses you sustained. These can involve medical expenses and future care that you may need. Your personal injury lawyer will work with your healthcare provider to determine just how extensive the future treatments you could require will be.

To come up with a total of your lost wages, your lawyer will look at how long you have been unable to earn your normal income as a result of the injuries you sustained. If you can’t return to your normal job or you can’t work at all, then your lawyer will average out the income you would have made throughout your working life.

With non-economic damages, the severity of the injuries and their impact on your life will play a significant role. Additionally, the economic damages you receive will impact these. Your lawyer and the liable insurers can use various methods to come up with a fair compensatory amount.

When dealing with medical malpractice cases, your lawyer will do everything possible to get you as close to the cap as the severity of your case allows. The severity of the injuries and how long it could take you to recover will be considered.

When You Need to File a Lawsuit

Generally, you’ll need to file a lawsuit if the insurer makes low offers, raises questions about fault or denies your claim. The process starts with your lawyer filing a formal complaint with the appropriate court. The discovery phase then begins, where all parties exchange information to build a strong case.

Keep in mind that only about 15% to 20% of cases require filing a lawsuit. Of these, only 3% to 5% actually go to trial.

Get Matched With a Personal Injury Lawyer in Nebraska

Having a local attorney allows you to put the strongest possible case together. They will have key resources, like expert witnesses, and experience with your area’s filing laws.

At ConsumerShield, we can connect you with vetted attorneys nearby. Fill out our simple contact form today.