Personal Injury Claims & Lawsuits In Nebraska (2025)

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.

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.

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.