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Filing a Personal Injury Claim in Nebraska

By Jason Bottlinger on January 1, 2022

If you have been injured through the negligence of another in Nebraska, you are entitled to seek compensation for your losses. The responsible party should compensate you for your economic damages, such as medical expenses, lost income, and loss of earning capacity, and for your non-economic damages, such as pain and suffering and emotional distress. To recover compensation, if you are unable to negotiate a fair settlement, you will need to file a personal injury claim in civil court.

What Is the Process for Filing a Claim?

Your civil action begins with the filing of a complaint. This document will designate the parties involved and the legal jurisdiction. It will state the factual and legal basis for your lawsuit and the allegations you are making against the opposing party (defendant). When the complaint is filed with the court, a summons will be issued, which must be served on the defendant, along with a copy of the complaint. The defendant will have 30 days from the date of service to respond with an answer to the complaint.

What Is the Time Limit for Filing a Personal Injury Claim in Nebraska?

A statute of limitations is a time limit imposed by law, after which your claim will be forever barred.

  • The statute of limitations for most personal injury claims in Nebraska is four years.
  • For medical malpractice the statute of limitations is two years, unless the cause of action could not have reasonably been discovered during that time, in which case it is one year from the date of discovery.
  • The filing deadline for wrongful death is two years from the date of death, pursuant to Nebraska Revised Statute 30-810.
  • The statute of limitations for a personal injury claim arising from a workplace injury is two years from the date of injury.

What Is the Discovery Process?

Discovery is the process in which each side requests and receives information from the other. It may involve requests for documents, interrogatories (specific questions), or depositions, in which a party or witness is questioned under oath and a court reporter records everything. The discovery process lets each side know what evidence the other side will be presenting at trial. Depending on the evidence, discovery can also make an out-of-court settlement more likely.

What Are the Alternatives to Trial for Case Resolution?

Dispute resolution can be a viable alternative to trial. In Nebraska, the term Alternative Dispute Resolution (ADR) covers a variety of practices and programs designed to help people settle disputes outside of the traditional adversarial trial process. Alternative dispute resolution methods for personal injury claims include:

  • Mediation: A neutral third party assists the parties to address issues in the hopes of reaching a negotiated solution. The mediator facilitates the process but does not make any decisions for the parties.
  • Arbitration: As with mediation, a neutral third party helps the parties attempt to resolve their dispute. Unlike a mediator, an arbitrator has the authority to render a binding or non-binding decision.
  • Settlement conference: This is a formal meeting between the parties during which they try to resolve the legal dispute without continuing to trial. The defendant may offer a settlement amount to avoid the time and expense of a full trial.

Why Choose Us?

At Bottlinger Law L.L.C., we are experienced litigators with a focus on personal injury matters. Attorney Jason B. Bottlinger has been named among the National Trial Lawyers Top 40 Under 40 and awarded membership in the Multi-Million Dollar Advocates Forum. He has a successful track record arguing cases all over the state of Nebraska. If you have been hurt because of someone else’s negligence, call us at (402) 505-8234 to schedule a free consultation.

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Posted in: Personal Injury

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