Nebraska Personal Injury Laws: Deadlines to Sue, Fault Rules and Damage Caps

Four years for an action for injury to the rights of the plaintiff not arising on contract and not otherwise listed, which covers most negligence personal injury claims.

Four years for taking, detaining or injuring personal property.

Two years after the act or omission. If the claim was not discovered and could not reasonably have been discovered within two years, it may be filed within one year after discovery (or discovery of facts that would reasonably lead to it), whichever is earlier. In no event more than ten years after the professional service was rendered or should have been rendered.

Within two years after the death.

The action is brought by and in the name of the personal representative, for the exclusive benefit of the surviving spouse and next of kin. The recovery is divided among them in proportion to each person's financial (pecuniary) loss, and is not subject to claims against the estate. A settlement must be approved by the court that appointed the personal representative.

Modified comparative negligence (50% bar). The injured person's contributory negligence reduces damages proportionately but does not bar recovery, unless it is equal to or greater than the total negligence of all persons being sued, in which case recovery is completely barred. The jury must be told the effect of its allocation.

No general cap on damages in ordinary injury cases was found. Caps apply to medical malpractice under the Nebraska Hospital-Medical Liability Act and to claims against political subdivisions.

Yes, a cap on total damages (not just noneconomic). Under the Nebraska Hospital-Medical Liability Act, the total amount recoverable from all health care providers and the Excess Liability Fund for any occurrence after December 31, 2014 may not exceed $2,250,000. A qualified health care provider is not liable for more than $800,000; amounts above that, up to the cap, are paid by the Excess Liability Fund.

Political subdivisions (cities, counties, school districts, etc.): a written claim must be made to the governing body within one year after the claim accrues, and suit must be filed within two years (extended six months after the governing body's final decision or withdrawal of the claim). The same claim requirement applies to suits against employees of a political subdivision. Recovery against political subdivisions is limited to $1,000,000 per person and $5,000,000 for all claims from a single occurrence. State: a tort claim must be made in writing to the State Risk Manager within two years after it accrues.

Strict liability. A dog owner is liable for all damages to any person (other than a trespasser) bitten by the dog, and for damages from the dog killing, wounding, injuring, worrying or chasing any person or domestic animals. Limited exceptions apply to police and military dogs used under a written policy.

An owner may not allow a vehicle to be operated on a public highway without a current automobile liability policy or proof of financial responsibility. A qualifying policy must cover at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage.

A driver who hits an unattended vehicle or other unattended property must leave a written note with their information and must also report the collision to a peace officer, by phone or otherwise, without unnecessary delay. The statutes we reviewed do not set a separate general rule requiring a driver to call police after every injury crash; drivers in injury or death crashes must stop, exchange information and help the injured (see leaving the scene).

If a crash causes injury or death, or apparent damage to any one person's property (including the driver's own) of $2,000 or more, the driver must send a crash report to the Nebraska Department of Transportation within 10 days — unless a peace officer investigated the crash. If the driver is physically unable, the vehicle owner must report within 10 days of learning of the crash. The report has two parts: Part I (crash details, Department of Transportation form) and Part II (insurance information, Department of Motor Vehicles form).

In a crash causing property damage, the driver must stop immediately and give their name, address, phone number and driver's license number to the property owner or the other driver/occupants; for an unattended vehicle or property, leave a written note and report to a peace officer. Violating this is a Class II misdemeanor (Class I misdemeanor with a prior conviction in the last 12 years), and the court may bar driving for up to one year. In a crash causing injury or death, the driver must stop, identify everyone involved, give name, address, plate number and show their license, and give reasonable help to anyone injured, including taking them for medical treatment if needed. Failing to stop after an injury crash is a Class IIIA felony; if the crash caused serious bodily injury or death, it is a Class III felony. The court must also bar driving and revoke the license for 1 to 15 years.

Nebraska's Political Subdivisions Tort Claims Act does not apply to (so cities, counties and other local governments cannot be sued under it for) claims arising out of snow or ice or other temporary weather-caused conditions on any highway, bridge, public thoroughfare or other public place. This does not limit a local government's liability for crashes caused by its employees driving motor vehicles on the job. No statewide rule on snow and ice on private property was reviewed for this entry.

Under the Political Subdivisions Tort Claims Act, a local government cannot be sued over the general condition or lack of repair of a highway, bridge or other public thoroughfare. It waives that immunity for a 'spot or localized defect' only if it had actual or constructive notice of the defect in time to repair it before the injury (or in a period covered by a notice it issued under § 39-1359). The statute does not separately name sidewalks or address liability of the owner of property next to a sidewalk.

A claim against a city, county, school district or other political subdivision must be made in writing to its governing body within one year after the claim arises, filed with the clerk, secretary or other official who keeps its records (or its law department if the governing body so provides), stating the time and place of the incident and the known facts. A lawsuit must be filed within two years after the claim arises, extended to six months after the governing body mails notice of its final decision or after the claim is withdrawn. Recovery is capped at $1,000,000 per person and $5,000,000 for all claims from one occurrence. Claims against the State of Nebraska are handled under a separate act.

A landowner (including a tenant or occupant) who lets people use land for recreation without charge owes them no duty to keep the premises safe or to warn of dangers, does not promise the land is safe, does not make them invitees or licensees, and is not liable for injuries they cause. Recreation includes hunting, fishing, swimming, boating, camping, hiking, winter sports and similar uses. The protection does not apply to willful or malicious failure to guard or warn against a dangerous condition, or where the owner charges the person for entry.

Riders must wear a DOT-standard helmet unless they qualify for the exemption. An operator 21 or older may ride without a helmet if they hold a Nebraska Class M license and have completed the required motorcycle safety course (the Motorcycle Safety Foundation basic eCourse for licenses issued before May 1, 2024, or the state basic course for licenses issued on or after that date) and filed proof with the DMV, or hold another state's motorcycle license. A passenger 21 or older may ride without a helmet only if the operator qualifies. All operators need eye protection (glasses, face shield, goggles or a windshield).

Banned. Nebraska law says no person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not overtake and pass in the same lane as the vehicle being passed. Two motorcycles may ride side by side in one lane, but not more than two. Peace officers on duty are exempt.

Where no traffic signals are in operation, a driver must stop and yield to a pedestrian in a crosswalk who is in the driver's lane or the lane next to it, and may not pass a vehicle stopped at a crosswalk for a pedestrian. Pedestrians may not suddenly step into the path of a vehicle too close to stop. A pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles, may cross only in a marked crosswalk between adjacent signalized intersections, and may not cross an intersection diagonally unless signals allow it. Local authorities and the Department of Transportation may ban crossing outside crosswalks in business districts or on designated highways by posting signs.

A driver passing a bicycle in the same direction must use due care, including leaving at least three feet of clearance when applicable, until safely past. Cyclists slower than traffic must ride as near the right edge as practicable, with exceptions such as passing, turning left, avoiding hazards or a lane too narrow to share, and must ride single file on highways except on bike paths. A cyclist on a sidewalk or in a crosswalk has a pedestrian's rights and duties but must yield to pedestrians, and local governments may further regulate bicycles by ordinance.

While the app is open and the driver is available but has not accepted a ride, primary coverage of at least $25,000 per person and $50,000 per incident for death and injury and $25,000 for property damage is required, plus uninsured motorist coverage. From ride acceptance (the engaged stage) through the passengers-on-board stage, primary liability coverage of at least $1,000,000 for death, personal injury and property damage is required, plus uninsured and underinsured motorist coverage for the driver and passengers. Coverage may be maintained by the driver, the company or both, and the insurer must defend and indemnify.

Nebraska adopts listed parts of the federal motor carrier safety regulations as state law, including hours of service (49 CFR part 395), inspection and maintenance (part 396), driver qualifications (part 391) and financial responsibility (part 387). They apply to interstate carriers and to intrastate carriers' vehicles over 10,000 pounds, certain passenger vehicles, placarded hazmat vehicles and CDL drivers, with exceptions for some farm vehicles and modified intrastate hours-of-service limits (for example, no driving more than 12 hours after 10 hours off duty). Federal rules separately require for-hire interstate carriers of ordinary (nonhazardous) property in vehicles of 10,001 pounds or more to carry at least $750,000 in liability coverage (49 CFR 387.9).

Under the Nebraska Workers' Compensation Act, an injured worker's claim against the employer (and the employer's insurer) is through workers' compensation, which surrenders other remedies against them. The act expressly preserves the worker's right to sue a third person who is liable for the injury, with the employer or insurer joined for reimbursement of compensation paid. No Nebraska scaffold-law statute was identified for this entry.