Future Damages in Nebraska
In Nebraska, you are entitled to recover not just your current losses but also the present value of future medical expenses and lost earning capacity caused by your injuries. These future damages often represent the largest component of a serious injury claim.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (50% bar)
Fault System
4 years
Filing Deadline
At-Fault
Auto System
Types of Future Damages in Nebraska
Future Medical Expenses
Cost of ongoing treatment, surgeries, physical therapy, medications, home care, and medical equipment you will need because of your injuries.
Lost Future Earning Capacity
The present value of income you will lose if your injury permanently or partially prevents you from working at your pre-accident capacity.
Future Pain & Suffering
Nebraska allows recovery of future non-economic damages under modified comparative fault (50% bar) — reduced by your share of fault.
Future Loss of Enjoyment
Compensation for activities, hobbies, and life experiences you will permanently lose due to your injuries.
Nebraska Injury Law
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.