Nebraska Personal Injury Laws

For claims based on fraud, the 4-year period does not begin running until the fraud is discovered. The discovery rule may also apply in latent injury cases where the injury is not immediately apparent.

The statute of limitations is tolled while a plaintiff is a minor (under 19 in Nebraska). The limitation period begins running when the minor reaches the age of majority.

Wrongful death actions must be filed within 2 years of the date of death. The action is brought by the personal representative for the benefit of the surviving spouse and next of kin.

Product liability actions must be filed within 4 years of the injury. A 10-year statute of repose bars claims filed more than 10 years after the product was first sold or leased for use. The statute of repose is NOT tolled for minors.

Nebraska does not cap compensatory (economic) damages in general personal injury cases.

Nebraska does not cap non-economic damages in general personal injury cases. Caps exist only for medical malpractice under the Hospital-Medical Liability Act.

Nebraska's Constitution prohibits punitive, vindictive, or exemplary damages in civil suits, regardless of how malicious or reckless the defendant's conduct. This is one of very few states with a constitutional ban on punitive damages.

Defendants in a common enterprise are jointly and severally liable for all damages. Otherwise, defendants are jointly and severally liable for economic damages only. For non-economic damages, each defendant is severally liable only in proportion to their percentage of fault.

Nebraska retains the collateral source rule. Evidence of payments from independent sources (such as health insurance) is inadmissible on the issue of damages. The tortfeasor does not benefit from the plaintiff's insurance coverage.

A release or covenant not to sue one defendant does not discharge other defendants, unless it so provides. The remaining claim is reduced by the released person's share of the obligation as determined by the trier of fact.