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Getting Compensation for Pain and Suffering After an Injury Accident in Omaha

By Jason Bottlinger on October 2, 2025

Suffering a personal injury can be really disruptive, physically, emotionally, and financially. In addition to the tangible costs like medical bills and lost wages, there are serious injuries like chronic pain, sleepless nights, emotional distress, and the loss of enjoyment of life.

These are known as non-economic damages, and Omaha personal injury attorney Jason Bottlinger is committed to helping accident victims in Omaha recover fair compensation for the pain and suffering caused by an accident.

 What Are Non-Economic Damages?

In any Nebraska personal injury case, compensation falls into two main categories:

1. Economic damages: These include quantifiable financial losses like hospital bills, physical therapy costs, medication, and lost wages.
2. Non-economic damages: These are intangible losses, such as pain and suffering, emotional distress, loss of companionship, and mental anguish.

While economic damages are usually straightforward to calculate with receipts and invoices, evaluating non-economic damages requires a more nuanced approach.

Pain and Suffering Compensation Under Nebraska Law

Nebraska law allows injury victims to pursue pain and suffering compensation as part of their broader personal injury settlement. This includes both physical pain and mental anguish caused by the injury or the recovery process.

Examples of pain and suffering include:

• Chronic physical discomfort
• Depression or anxiety following the incident
• Fear of returning to activities you once enjoyed
• Loss of sleep due to pain
• PTSD symptoms following a traumatic event

These damages are especially common after severe accidents involving broken bones, surgeries, disfigurement, traumatic brain injuries, or long-term disabilities.

Emotional Distress

Damages for emotional distress s are a subset of pain and suffering damages. They may be awarded when a victim experiences psychological impacts from their injuries, which often play a crucial role in fully compensating the victim.

In Omaha personal injury claims, emotional distress is often tied to the trauma of the event, such as a car accident, or the stress of dealing with a long-term disability. Common signs of emotional distress are:

• Mood swings
• Social withdrawal
• Difficulty concentrating
• Nightmares or flashbacks
• Panic attacks

How Is Pain and Suffering Calculated in Nebraska?

There is no fixed formula in Nebraska for calculating damages caused by pain and suffering. Courts and insurance companies use various methods to estimate a fair value in these cases.

The multiplier method involves multiplying the total economic damages by a number (usually between 1.5 and 5) based on the severity of the injury. For example, if your medical bills and lost wages total $50,000 and your case is assigned a multiplier of 3, your pain and suffering claim could be valued at $150,000.

Th per diem method  approach assigns a daily rate to the pain and suffering endured and multiplies it by the number of days you were impacted. For instance, $150 per day for 180 days equals $27,000 in non-economic damages.

While both the multiplier method and per diem method are used during negotiations, Nebraska law ultimately looks at the individual facts of the case. In doing so, a judge or jury may consider:

• The severity and duration of the physical pain
• The extent of emotional trauma
• Whether the injury caused permanent impairment or disfigurement
• The impact on your daily life and relationships

Is There a Cap on Non-Economic Damages in Nebraska?

There is no cap on pain and suffering or other non-economic damages for general personal injury claims (such as car accidents, slip and falls, or dog bites).

Nebraska does have damage caps in certain types of injury claims. For medical malpractice claims, non-economic damages are capped at $2.25 million.

The Importance of Documentation

Because pain and suffering and emotional distress aren’t visible like broken bones, effective documentation is extremely important. These types of evidence can significantly influence how much compensation you’re able to recover:

• Medical records: Include doctor notes, prescriptions, and diagnoses related to pain or emotional distress.
• Mental health records: Therapists, psychologists, and psychiatrists can provide credible documentation of emotional trauma.
• Pain journals: Daily logs where you note symptoms, emotional state, and impact on daily life.
• Testimony from friends and family: Loved ones can describe how your injury has changed your behavior or mood.

Why You’ll Want to Find the Right Omaha Injury Lawyer

Insurance companies are in business to make money. That’s why they try to minimize settlements and close claims quickly. An experienced Omaha personal injury lawyer like Jason Bottlinger knows how to build a solid claim and push back against greedy insurance carriers.

At Bottlinger Law L.L.C., we use the following strategies to maximize compensation:

• Gathering strong evidence to document non-economic losses
• Calling upon expert witnesses to explain your emotional distress
• Negotiating aggressively with insurers to ensure all damages are considered
• Preparing your case for trial, so we’ll be ready if a fair settlement isn’t offered

Factors That Influence the Value of Pain and Suffering

Several elements can affect how much compensation you may receive for non-economic damages:

• Severity of the injury: More serious or long-lasting injuries typically justify higher non-economic damages.
• Recovery time: Longer recovery periods often translate to greater emotional toll.
• Impact on lifestyle: Inability to return to hobbies, sports, work, or relationships increases compensation.
• Age and life expectancy: Younger victims with lifelong impairments may receive more.

What Should You Do If You’re Experiencing Pain and Suffering After an Injury?

If you’ve been injured and are dealing with lasting physical or emotional pain, you’ll want to start taking these steps right away:

1. Seek medical treatment and mental health care
2. Start a recovery journal documenting your day-to-day challenges
3. Save all receipts, notes, and communications related to your injury
4. Avoid discussing your case on social media
5. Contact an experienced Omaha injury attorney

Speak With a Trusted Personal Injury Lawyer in Omaha Today

Bottlinger Law L.L.C. fights to ensure that every client is seen, heard, and fully compensated. Jason Bottlinger belongs to the exclusive Multi-Million Dollar Advocates Forum, and our personal injury law firm has an A+ rating from the better Business Bureau.

If you’re suffering after an injury in Omaha, call (402) 505-8234 for a free consultation today.

Let’s talk about your rights, your recovery, and how we can help.