Personal Injury Deposition in Nebraska
A deposition is sworn out-of-court testimony taken during the discovery phase of yourNebraska personal injury case. What you say in a deposition is legally binding and can significantly impact your settlement outcome.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (50% bar)
Fault System
$10,000 – $48,000
Avg Settlement
4 years
Filing Deadline
Deposition Tips for Nebraska Injury Cases
Tell the Truth
You are under oath. Inconsistencies between deposition testimony and trial testimony destroy credibility and can sink your case.
Listen Carefully
Only answer the question asked. Do not volunteer information. If you do not understand a question, ask for clarification.
Take Your Time
Pause before answering. Your attorney can object before you respond. Never rush.
Say "I Don't Know"
If you genuinely do not remember or know, say so. Guessing can be used against you.
Review Records First
Review your medical records, accident report, and prior statements with your attorney before the deposition.
Fault Is Key
Under modified comparative fault (50% bar), any admission of fault can reduce or eliminate your recovery.
Nebraska Law Overview
Nebraska uses modified comparative fault with a 50% bar — the same threshold as a handful of other states that use 50% rather than 51%, meaning plaintiffs who are exactly equally at fault as the defendant cannot recover. The 4-year statute of limitations is more generous than most states. Nebraska does not require no-fault PIP insurance. Nebraska's agricultural economy produces significant farm equipment accident and livestock-related injury litigation. Nebraska courts apply the comparative fault rule in product liability cases as well. Nebraska has no general cap on compensatory damages, though noneconomic damages in medical malpractice cases are capped at $1.75 million under the Nebraska Hospital-Medical Liability Act. Punitive damages are not available in Nebraska under state constitutional interpretation, which distinguishes it from most other states. Claims against the state government are handled through the Nebraska State Tort Claims Act with specific procedural requirements.