What is the statute of limitations for personal injury claims in Nebraska?

4 years for personal injury; 2 years for medical malpractice. Source: Neb. Rev. Stat. § 25-207, § 44-2828. Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).

Are there caps on damages in Nebraska?

Yes — Nebraska applies the following caps: Medical malpractice cap ($2.25M total recovery) under Neb. Rev. Stat. § 44-2825. See the caps section above for the conditions under which each applies.

Does Nebraska operate a no-fault auto insurance scheme?

No. Nebraska is a traditional tort jurisdiction for auto claims. The at-fault driver's insurer is the primary source of recovery.

How are settlements typically valued in Nebraska?

Practitioners and adjusters in Nebraska value claims using the same building blocks applied across United States: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (modified comparative, 50% bar) and any applicable cap then adjust the gross figure. Caps in this state can compress the upper end of the band materially, particularly in catastrophic-injury cases.

Should I hire a Nebraska attorney for a personal injury claim?

For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. Nebraska's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most Nebraska personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

★ US · Midwest

Personal injury in
Nebraska.

By MyClaimWorth EditorialReviewed by Abd Shanti, FounderPublished 9 May 20267 min read

Nebraska applies modified-50 comparative fault with a hard $2.25 million total cap on medical malpractice recovery, paid from the state Excess Liability Fund above the defendant provider's share.

Nebraska operates modified-50 comparative negligence. Medical malpractice has a hard $2.25 million total recovery cap; defendant providers are personally liable up to a statutory limit, with the Excess Liability Fund covering amounts above. The general PI statute of limitations is four years; med-mal is two.

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★ statute of limitations

4 years for personal injury; 2 years for medical malpractice

Neb. Rev. Stat. § 25-207, § 44-2828

★ fault rule

Modified comparative, 50% bar

Modified comparative, recovery barred at 50% claimant fault.

★ NE · statutory caps

What caps recovery.

Caps and ceilings imposed by Nebraska law that bear on settlement values.

Medical malpractice cap
Med-mal claims
$2.25M total recovery
Neb. Rev. Stat. § 44-2825

★ NE · key facts

What makes Nebraska different.

The handful of details that distinguish this jurisdiction from its neighbours.

Modified-50% bar
4-year general PI SOL
Hard $2.25M med-mal total cap with Excess Fund

★ NE · by injury

Claim values by injury type.

Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Nebraska law.

★ NE · court decisions

What Nebraska courts have decided.

Reported Nebraska decisions for each injury type, each with a link to the judgment and to the full injury guide.

Whiplash
Becker v. Walton
Nebraska Court of Appeals · 2016
$21,731.50 jury verdict
Becker was hurt in a car accident in December 2009 and sued nearly 4 years later.
whiplash in Nebraska →
Whiplash
Golnick v. Callender
Nebraska Supreme Court · 2015
Defense verdict affirmed
In October 2005 Callender’s car crossed the centerline and hit Golnick’s head on.
whiplash in Nebraska →
Back & spine
Tchikobava v. Albatross Express
Nebraska Supreme Court · 2016
Permanent total disability; gap in benefits sent back
In August 2010 Tchikobava was asleep in the sleeper berth when another semi rear ended his truck in Nebraska, throwing him into the cab.
back & spine in Nebraska →
Back & spine
Bogue v. Gillis
Nebraska Supreme Court · 2022
Summary judgment on the deadline affirmed
Gillis performed a lumbar spine fusion on Lori Bogue in Omaha in January 2017.
back & spine in Nebraska →
Head & brain
Yagodinski v. Sutton
Nebraska Supreme Court · 2021
$5,000 verdict affirmed
Sutton rear ended Gina Yagodinski in 2011.
head & brain in Nebraska →
Head & brain
Williamson v. Bellevue Medical Center
Nebraska Supreme Court · 2019
Summary judgment for the center affirmed
In August 2012 Peggy Williamson fell on an unpainted curb between the driveway and sidewalk at the main entrance of Bellevue Medical Center.
head & brain in Nebraska →
Fracture
Pantano v. American Blue Ribbon Holdings
Nebraska Supreme Court · 2019
$260,000 judgment
Arlene Pantano broke her hip when she tripped on an entryway rug at a Village Inn.
fracture in Nebraska →
Fracture
Fuller v. Burrito Builders Lincoln 102
Nebraska Court of Appeals · 2023
Summary judgment for defendants affirmed
In January 2016 Fuller fell on the sidewalk outside Pancheros Mexican Grill on North 66th Street in Lincoln, broke her left hip and needed surgery and rehabilitation.
fracture in Nebraska →
Medical negligence
Cohan v. Medical Imaging Consultants
Nebraska Supreme Court · 2017
New trial ordered
Mary Cohan reported lumps in her left breast.
medical negligence in Nebraska →
Medical negligence
Lear v. Nebraska Methodist Health System
Nebraska Court of Appeals · 2025
Defense verdict affirmed
Joshua Lear had the lower part of his left lung removed in March 2017 and died later that day after problems in recovery.
medical negligence in Nebraska →
Workplace
Mosher v. Whole Foods Market
Nebraska Supreme Court · 2024
Penalty and attorney fees affirmed
Marlene Mosher fell at work in July 2021, and claimed injuries to her right leg and ankle and low back pain.
workplace in Nebraska →
Workplace
Maroulakos v. Walmart Associates
Nebraska Supreme Court · 2018
Denial of benefits affirmed
In August 2014 an overnight support manager felt overheated and lightheaded, then fell into a product aisle and had a seizure.
workplace in Nebraska →

★ NE · rules that decide claims

The rules in Nebraska.

Statutes and rulings that come up again and again in Nebraska injury claims, each with its source.

Evidence of the crash	When a driver admits negligence but denies the nature and extent of your injuries, evidence of the collision itself is admissible “to show the nature of the contact and its force.”Golnick v. Callender (Neb. 2015)
Driver who has died	Sue the estate through a special administrator; an amended complaint filed after a closed estate was reopened still counted within the 4 years.Sparks v. Mach (Neb. 2023)
Seat belt use	Admissible only on damages, and it can reduce the award by no more than 5 percent.Neb. Rev. Stat. § 60-6,273; see our seat belt table
Malpractice deadline	Two years from the act or omission; later treatment does not extend it unless the doctor was negligent in that treatment too.Bogue v. Gillis (Neb. 2022)
Future medical care	A comp award for future medical care needs a stipulation or evidence that future treatment will be reasonably necessary.Tchikobava v. Albatross Express (Neb. 2016)
Deadline to sue	A tort action “can only be brought within 4 years,” and the clock starts when you are injured, not when the careless act happened.Neb. Rev. Stat. § 25-207; Susman v. Kearney Towing (Neb. 2022)
Qualified expert	A chiropractor’s opinion that a crash caused vestibular post concussive syndrome was excluded as outside the scope of chiropractic practice in Nebraska.Yagodinski v. Sutton (Neb. 2021)
Premises proof	A fall case fails without evidence that a dangerous condition caused the fall; walking over the same spot seconds earlier weighed against the claim.Williamson v. Bellevue Med. Ctr. (Neb. 2019)

★ other US jurisdictions

Compare across United States.

How Nebraska compares with its neighbours in the Midwest on fault rule and limitation period.

Jurisdiction	Fault rule	Limitation
Nebraska· you are here	Modified comparative, 50% bar	4 years for personal injury; 2 years for medical malpractice
Illinois (IL)	Modified comparative, 51% bar	2 years from date of injury
Indiana (IN)	Modified comparative, 51% bar	2 years from date of injury
Iowa (IA)	Modified comparative, 51% bar	2 years from date of injury
Kansas (KS)	Modified comparative, 50% bar	2 years from date of injury
Michigan (MI)	Modified comparative, 51% bar	3 years from date of injury
Minnesota (MN)	Modified comparative, 51% bar	6 years for personal injury (uncommonly long); 4 years for medical malpractice
Missouri (MO)	Pure comparative negligence	5 years for personal injury; 2 years for medical malpractice
North Dakota (ND)	Modified comparative, 50% bar	6 years for personal injury; 2 years for medical malpractice
Ohio (OH)	Modified comparative, 51% bar	2 years from date of injury
South Dakota (SD)	Slight versus gross negligence	3 years from date of injury
Wisconsin (WI)	Modified comparative, 51% bar	3 years from date of injury

Every United States jurisdiction compared

★ NE · frequently asked

Common questions.

Common questions about personal injury claims in Nebraska, answered with the relevant statutory references.

What is the statute of limitations for personal injury claims in Nebraska?
4 years for personal injury; 2 years for medical malpractice. Source: Neb. Rev. Stat. § 25-207, § 44-2828. Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).
What fault rule applies in Nebraska?
Modified comparative, 50% bar. Modified comparative, recovery barred at 50% claimant fault.
Are there caps on damages in Nebraska?
Yes — Nebraska applies the following caps: Medical malpractice cap ($2.25M total recovery) under Neb. Rev. Stat. § 44-2825. See the caps section above for the conditions under which each applies.
Does Nebraska operate a no-fault auto insurance scheme?
No. Nebraska is a traditional tort jurisdiction for auto claims. The at-fault driver's insurer is the primary source of recovery.
How are settlements typically valued in Nebraska?
Practitioners and adjusters in Nebraska value claims using the same building blocks applied across United States: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (modified comparative, 50% bar) and any applicable cap then adjust the gross figure. Caps in this state can compress the upper end of the band materially, particularly in catastrophic-injury cases.
Should I hire a Nebraska attorney for a personal injury claim?
For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. Nebraska's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most Nebraska personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

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★ federal context

Back to United States

All injury bands, statutes, and procedural pathway at the US level.

★ the working

How we derive bands

Per-jurisdiction methodology, estimates, and known limits.

★ standing authority

Sources we cite

The statutes, guidelines and court sites the pages cite.

★ editorial note

This page summarises the Nebraska statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Nebraska. See /methodology, /sources, and /disclaimer.

Personal injury inNebraska.

Personal injury in
Nebraska.