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★ Nebraska · head & brain

Head & brain settlements
in Nebraska.

By 9 min read

Who diagnoses a brain injury matters in Nebraska. A woman rear ended in 2011 received $5,000 after the court barred her chiropractor from testifying that she had post concussive syndrome. A woman who fell on an unpainted curb at a medical center, suffering a closed head injury and a broken nose, lost on summary judgment.

Facts that decide a head & brain claim in Nebraska

Qualified expertA 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 proofA 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)
Claims against governmentA written claim to a city or county within 1 year and to the State within 2 years; political subdivision liability is capped at $1 million per person and $5 million per occurrence.Neb. Rev. Stat. §§ 13-919, 13-926, 81-8,227; see our notice table
★ band · US federal frame
$500,000 to multi-million
Severe traumatic brain injury
Catastrophic-case reported decisions

The US band is the starting point. Nebraska's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your head & brain claim in Nebraska. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own head & brain case in about two minutes, no cost and no obligation.

Check my case
★ NE · reported head & brain outcomes

What Nebraska courts have awarded.

Real Nebraska decisions and verdicts, each linked to the court record or official report.

  • Yagodinski v. Sutton
    Nebraska Supreme Court · 2021
    $5,000 verdict affirmed

    Sutton rear ended Gina Yagodinski in 2011. She claimed neck, thoracic and spine pain and headaches, dropped her claim for medical expenses and sought general damages only. A chiropractor diagnosed vestibular post concussive syndrome, but the trial court kept that opinion out. The defense expert said she reached maximum improvement within about 2 months. The jury awarded $5,000, and the Supreme Court affirmed.

  • 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. She alleged a nasal bone fracture, a closed head injury and a torn meniscus. She died in 2018 and the case continued through her estate. It was undisputed that she had crossed the same spot seconds before, and the court affirmed judgment for the center.

★ NE · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Nebraska.

  1. 1

    Have a physician, such as a neurologist, give the brain injury opinion; Yagodinski’s chiropractor was barred.

  2. 2

    Dropping medical expenses left Yagodinski with a general damages claim only.

  3. 3

    A claim against a public hospital or city needs the written notice first.

★ NE · statute of limitations
4 years for personal injury; 2 years for medical malpractice

Neb. Rev. Stat. § 25-207, § 44-2828

★ NE · fault rule
Modified comparative, 50% bar

Modified comparative, recovery barred at 50% claimant fault.

★ NE · caps

What caps recovery.

Statutory caps that may bear on a head & brain settlement in Nebraska.

★ head & brain severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies head & brain into the tiers below. Nebraska courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Concussion / mild TBI$25,000 to $100,000Reported decisions
Severe traumatic brain injury$500,000 to multi-millionCatastrophic-case reported decisions
★ head & brain · same region & fault regime

Compare to like jurisdictions.

How Nebraska's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for head & brain claims.

JurisdictionFault ruleLimitationHead & brain page
Nebraska · you are hereModified comparative, 50% bar4 years for personal injury; 2 years for medical malpractice—
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · head & brain →
OhioModified comparative, 51% bar2 years from date of injuryOH · head & brain →
South DakotaSlight versus gross negligence3 years from date of injurySD · head & brain →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · head & brain →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · head & brain →
IndianaModified comparative, 51% bar2 years from date of injuryIN · head & brain →
TennesseeModified comparative, 50% bar1 year from date of injury, among the shortest in the USTN · head & brain →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · head & brain →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · head & brain →
ColoradoModified comparative, 50% bar2 years for personal injury; 3 years for motor vehicleCO · head & brain →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · head & brain →
New HampshireModified comparative, 51% bar3 years from date of injuryNH · head & brain →
★ NE · head & brain · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-29. Every figure on this page comes from one of these documents.

★ all of NE
Nebraska overview

Fault rule, statute, caps, and key facts for Nebraska as a whole.

★ federal frame
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Nebraska's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Nebraska. See /methodology, /sources, and /disclaimer.