Through a personal injury claim, you can secure both economic and noneconomic damages. Economic damages cover tangible, out-of-pocket expenses directly resulting from your injuries, including medical expenses, lost wages and property damages. Noneconomic damages compensate for intangible losses that don’t have a specific dollar amount, such as pain and suffering, emotional distress and loss of enjoyment of life.
Below, we outline some important laws for filing personal injury claims in Lincoln. Understanding these laws can help you build a strong case and ensure you receive the compensation you deserve.
Nebraska Statute of Limitations for Personal Injury Cases
Nebraska sets specific time limits for victims of personal injury incidents to file lawsuits. This is known as the statute of limitations, a legal framework that serves several purposes: It notifies defendants of impending civil actions against them and ensures cases are brought to court while evidence is still accessible. Once the statute of limitations expires, victims typically lose the right to pursue legal action against the defendants.
In Nebraska, the statute of limitations for personal injury lawsuits is generally four years from the date of the incident. This period typically applies to injuries resulting from situations like auto accidents, animal attacks, product liability and slip-and-fall accidents. However, there are exceptions.
- Assault and battery. The statute of limitation for injuries arising from these attacks is one year.
- Medical malpractice. You have two years from the date of the incident or one year from the date the injury was—or should have been—discovered, whichever is earlier. Overall, medical malpractice claims cannot be filed more than 10 years after the incident.
- Wrongful death. If an injury results in death, the deceased person’s estate can bring a wrongful death claim within two years from the date of death.
- Minors. If the injured person was a minor at the time of the incident, the four-year statute of limitations starts when they turn 19.
- Government claims. Claims against government-owned vehicles like police cars must be filed within one year.
- Work-related injuries. Victims typically have two years to file a workers’ compensation claim for injuries occurring on the job.
Nebraska Personal Injury Laws
There are several rules and laws that can influence your claim if you plan to file a personal injury lawsuit in Nebraska.
- Modified comparative negligence law. Nebraska applies modified comparative negligence when determining fault in personal injury cases. Under this doctrine, the amount you receive is reduced by the percentage of your fault contributing to the accident. If you are found to be 50% or more at fault, you cannot recover any damages. For example, if your brake light wasn’t working in an accident where you were rear-ended and the court determines you are 20% at fault, you will only receive 80% of the final damages settlement. However, if the court assigns you 50% fault or higher for an accident, you will not receive any damages.
- Damage caps. Damage caps limit how much you can receive in compensation from a personal injury claim. Nebraska doesn’t place caps on economic or noneconomic damages for most personal injury claims, except for medical malpractice cases, where both types of damages are capped. For these claims, your economic and noneconomic damages combined cannot exceed more than $2,250,000 for any occurrence after December 31, 2014.
- Presuit requirement. Before you can file a medical malpractice claim, Nebraska requires you to submit a claim to a medical review panel, which will consider all the evidence you provide and offer a decision within 30 days about whether they believe malpractice occurred.
Personal Injury Settlement Considerations
Most personal injury claims in Nebraska are settled out of court through negotiations that your lawyer leads. Here are key timeframes for the settlement process with insurance companies
- Acknowledgment. Insurance companies must acknowledge receiving your claim within 15 working days.
- Decision. They have 15 working days to make a decision after receiving all required forms.
- Final payment. If they approve the claim, they must make the final payment within 15 days.
Taxation of Settlements
The personal injury settlement you receive is generally nontaxable if it compensates for physical injuries or sickness. However, there are exceptions.
- Lost wages. Compensation for lost wages is taxable, as this money is considered income.
- Punitive damages. Punitive damages are taxable. These damages can be awarded in cases where the defendant’s actions demonstrate willful recklessness or egregious misconduct. Punitive damages are intended to punish the defendant rather than compensate for the plaintiff’s losses.
Attorney Fees
Attorney fees for personal injury cases are typically based on a contingency fee agreement, wherein the attorney receives a percentage of the settlement or award. These percentages generally range from 33% to 40%, and the amount can vary based on the complexity and duration of the case, including whether the matter is settled quickly or proceeds to trial. The attorney deducts their fees from the final settlement.