If you’ve been hurt in a car crash, a fall, or any type of accident in Nebraska, it’s normal to feel overwhelmed. Whether you’re in Omaha, Lincoln, or a small rural town, you have rights and resources available to help. This FAQ page is designed to answer common questions about personal injury claims, insurance, and recovery for Nebraska residents.
How long do I have to file a personal injury claim in Nebraska?
In Nebraska, the statute of limitations for most personal injury claims is four years from the date of the injury. However, if your case involves wrongful death, the time limit is two years. Claims involving government agencies require written notice within one year. It’s important to act quickly so you don’t lose your right to compensation.
What should I do after being injured in an accident?
After an accident, prioritize your safety and health. Call 911, seek medical care, and file a report with law enforcement. If you’re able, take photos, collect witness statements, and document everything. Notify your insurance company and consider speaking with a personal injury attorney.
Is Nebraska an at-fault or no-fault state for car accidents?
Nebraska is an at-fault state, meaning the driver who caused the accident is responsible for paying for the resulting damages. You can file a claim against their insurance or take the case to court if needed. Fault must be clearly established to pursue compensation.
What if I am partially at fault for the accident?
Nebraska uses a modified comparative negligence rule. If you are found to be less than 50 percent at fault, you can still recover damages, but your compensation will be reduced by your percentage of fault. If you are 50 percent or more at fault, you cannot recover compensation.
How do I request a police report after an accident?
You can request a crash report through the Nebraska Department of Transportation or the local law enforcement agency that responded. Visit https://dot.nebraska.gov for details on how to obtain a report online or by mail. Be ready to provide the date, location, and names of those involved.
Can I sue the property owner if I slip and fall?
Yes, you may be able to file a premises liability claim if you were injured due to unsafe conditions on someone else’s property. You must prove that the owner knew or should have known about the hazard and failed to address it. Documentation and photographs can support your case.
What types of compensation are available in personal injury cases?
You may be entitled to recover medical expenses, lost wages, pain and suffering, emotional distress, and property damage. In serious cases, you might also receive compensation for long-term care or loss of future income. A lawyer can help you assess what your claim may be worth.
Who can file a wrongful death claim in Nebraska?
A wrongful death claim must be filed by the personal representative of the deceased person’s estate. The damages recovered may benefit surviving family members, such as a spouse, children, or parents. These claims must be filed within two years of the person’s death.
Are there financial aid programs for accident victims?
Yes. Nebraska residents may be eligible for Medicaid, SNAP, or temporary disability benefits. If your injury was caused by a crime, the Nebraska Crime Victim’s Reparations Program may offer help with medical bills, counseling, and funeral expenses. These resources can provide short-term support while you recover.
What should I do if the other driver has no insurance?
You may be able to use your own Uninsured Motorist (UM) coverage if the at-fault driver lacks insurance. UM coverage is required in Nebraska and can help cover your medical bills and other damages. You may also consider legal action, though recovering funds from uninsured drivers can be difficult.
What if I was injured on government property?
Claims against government agencies follow different rules. In Nebraska, you must file a written claim within one year of the incident. There may also be limits on how much compensation you can recover. These cases are more complex and often require legal help.
Can I file a claim for injuries caused by a defective product?
Yes. If you were injured because of a defective product, you may be able to file a product liability claim. Manufacturers, distributors, or retailers can be held responsible for injuries caused by design flaws, manufacturing defects, or lack of proper warnings. Keep the product and packaging if possible.
Are children’s injury claims handled differently?
When a child is injured, a parent or legal guardian must file the claim on their behalf. The statute of limitations for children may be extended, but evidence is best preserved early. Compensation can cover medical expenses, future care needs, and emotional trauma.
Should I talk to the insurance company without a lawyer?
It’s generally better to speak with a lawyer before giving a recorded statement or accepting a settlement. Insurance companies may offer less than what your claim is worth. A lawyer can help protect your rights and ensure you receive a fair outcome.