By FindLaw Staff | Legally reviewed by Garrett Monteagudo, Esq. | Last reviewed July 17, 2024
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Car accidents are, unfortunately, a very common occurrence. Most car accidents do not involve personal injury, meaning that no one was hurt during the accident -- instead, these types of accidents usually result in property damage only. Victims of car accidents may be compensated for property damage and for their personal injury, if applicable. Each state has different car accident compensation laws.
This article provides a brief overview of car accident compensation laws in the state of Nebraska.
Below is a table outlining important aspects of Nebraska's car accident compensation laws, including limits on damages and the statute of limitations.
Statute of Limitations |
• Four years for both personal injury and injury to personal property (Nebraska Revised Statute § 25-207) • Two years for lawsuits against the state (Nebraska Revised Statute § 25-218) • Two years for wrongful death claims (Nebraska Revised Statute § 30-810) |
Limits on Damages |
Punitive damages are unconstitutional (Nebraska State Constitution Article VII-5) |
Other Limits |
Contributory Negligence (Nebraska Revised Statute § 25-21,185.09) |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
The at "fault" insurance system in Nebraska requires drivers to recover damages first from the insurance company of the driver at fault for the accident. Nebraska's contributory negligence rule is a rather complicated form of "modified comparative" fault. To successfully recover damages for your injuries, you must prove that any fault you had in the accident is less than the total fault of all of the other drivers against whom you are seeking recovery. The court will also reduce your damages in proportion to your level of fault.
For example, let's say you were involved in an accident with two other drivers, and the court finds that you were 20% at fault and each of the other drivers was 40% at fault. If you suffered $10,000 in damages, the court would award you $8,000 in damages, but the court could also award each of those drivers 60% of their total damages.
Parties injured in car accidents typically suffer both economic and non-economic damages. Economic damages include any lost earnings from time away from work, medication costs, doctor's visits, and car repair bills. Non-economic damages are harder to assign a dollar value to because they include intangible damages such as emotional distress, pain and suffering, and disfigurement.
Some of the car accident damages you might have are:
Nebraska prevents victims of intentional harmful acts from recovering punitive damages. However, there is no state-imposed cap on the amount of economic or non-economic damages injured parties can recover from drivers at fault.
The time you have to file a lawsuit, known as a statute of limitations, depends both on the type of claim you are filing and who you are filing the claim against. If the driver at fault for your accident represents the state of Nebraska, the state imposes a shorter limit on any lawsuit you might bring to recover your damages. For instance, if the driver at fault was a public bus driver or was driving one of Nebraska's Transportation Service Bureau cars, your claim is likely against the state of Nebraska and is therefore required to be filed within two years of the accident.
In addition, if your loved one died as a result of a car accident, you have two years to bring a wrongful death claim. Otherwise, you must bring any claim for personal injury or damage to personal property within four years of the accident.
Nebraska's car accident compensation laws can be difficult to navigate if you're unfamiliar with how contributory fault laws work. Additionally, while most lawsuits can be filed at any time within four years after an accident, it's often smart to initiate proceedings earlier.
If you're not getting the compensation you deserve for your injuries, let a Nebraska injury law attorney set your mind at ease.
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