NE · Accidents & Injuries

Accidents & Injuries in Nebraska

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026

Key Nebraska Law

Nebraska Revised Statutes Section 25-207

Nebraska imposes a four-year statute of limitations for personal injury claims arising from accidents. An injured party must generally file their lawsuit within four years of the date of the accident or injury.

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Procedural Details in Nebraska

Nebraska follows modified comparative fault with a 50% bar under Nebraska Revised Statutes Section 25-21,185.09. A plaintiff who is 50% or more at fault is barred from any recovery. Nebraska is a traditional tort (fault-based) auto insurance state. Nebraska does not impose a general cap on compensatory damages for most personal injury claims. Government claims under the Nebraska State Tort Claims Act (Neb. Rev. Stat. § 81-8,209 et seq.) require specific notice procedures. Claims against political subdivisions are governed by the Political Subdivisions Tort Claims Act (Neb. Rev. Stat. § 13-901 et seq.), with a two-year filing period. Nebraska's four-year limitations period is longer than many states.

Nebraska Agencies & Resources

Nebraska Department of Insurance

Regulates insurance companies in Nebraska and handles consumer complaints about auto and accident insurance coverage.

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Nebraska Department of Motor Vehicles

Manages Nebraska driver licensing, vehicle registration, and accident report records.

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Nebraska State Bar Association — Lawyer Referral

Provides referrals to Nebraska-licensed personal injury attorneys.

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Frequently Asked Questions

How long do I have to file a personal injury lawsuit in Nebraska?

Nebraska Revised Statutes Section 25-207 provides a four-year statute of limitations for personal injury claims — longer than most states. Government entity claims under the Nebraska State Tort Claims Act and Political Subdivisions Tort Claims Act have specific procedural requirements and two-year filing periods. Consulting an attorney promptly is still advisable to preserve evidence.

What is Nebraska's 50% modified comparative fault bar?

Under Nebraska Revised Statutes Section 25-21,185.09, Nebraska applies modified comparative fault with a 50% bar. If you are 49% or less at fault, you can recover damages reduced by your percentage of fault. If you are 50% or more at fault, you are completely barred from recovering any compensation from the other party.

Is Nebraska a no-fault auto insurance state?

No. Nebraska operates under a traditional tort (fault-based) auto insurance system. The at-fault driver's liability insurance is responsible for compensating injured parties. Nebraska does not require mandatory personal injury protection (PIP) coverage.

Are there damage caps in Nebraska accident cases?

Nebraska does not impose a general statutory cap on compensatory damages in most personal injury accident cases. However, there are caps on non-economic damages in medical malpractice cases under Nebraska Revised Statutes Section 44-2825. Government entity claims may be subject to limitations under the applicable Tort Claims Act.

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By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026