Nebraska

Find an Attorney in Nebraska

Nebraska pairs 50% modified comparative fault with a relatively generous 4-year personal-injury SOL and one of the country’s only dedicated Workers’ Compensation Courts. Whether your case is in Douglas (Omaha), Lancaster (Lincoln), or rural Nebraska, local counsel matters.

Practice areas in Nebraska

Common questions about Nebraska attorneys

Four years from the date of injury under Neb. Rev. Stat. § 25-207 for most negligence claims — more generous than most states. Claims against governmental entities require Notice of Claim under the Political Subdivisions Tort Claims Act (§ 13-905) or the State Tort Claims Act (§ 81-8,213). Medical malpractice has its own 2-year SOL under § 25-222.
The Hospital-Medical Liability Act (Neb. Rev. Stat. § 44-2801) caps damages against qualified health-care providers at $2.25 million per occurrence (currently). The provider’s insurance covers the first $500,000; the Excess Liability Fund pays the excess up to the cap. Qualified providers also benefit from a 2-year SOL. Non-qualified providers face uncapped damages and longer SOLs.
Under Neb. Rev. Stat. § 25-21,185.09, you can recover only if your fault is less than 50%. At exactly 50% or above, you recover nothing — slightly stricter than the 51% bar in most modified-comparative states. The jury assigns percentages to each party, and your damages are reduced by your share.
Nebraska is one of only a few states with a dedicated Workers’ Compensation Court (as opposed to an administrative agency). Judges of the Workers’ Compensation Court are appointed by the Governor and confirmed by the Legislature, with specialized expertise. The Court hears cases, makes findings, and issues orders that can be appealed directly to the Nebraska Court of Appeals. The dedicated-court structure provides more uniform decisions than scattered administrative agencies.
Nebraska workers’ comp under the Workers’ Compensation Court runs through Petition filing, mediation, and trial before a Workers’ Compensation Court judge. Income benefits are 66 2/3% of average weekly wage up to a state maximum. The Court issues findings and orders; appeals go to the Nebraska Court of Appeals. Medical treatment is generally employee-chosen, subject to certain limitations.

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