Damage Caps in Nebraska: How the Type of Case Changes What You Can Recover

Part of the series: “What Is My Personal Injury Case Worth? A Complete Guide.” This article covers the second factor: the legal category of your case, and the caps that may apply.

Once we know there’s coverage to collect, the next question is what kind of case you have — not the kind of injury, but the area of law it falls under. That category can dramatically change what you’re allowed to recover, because some types of cases are capped and others are not.

A workers’ compensation case is any injury you sustain in the scope and course of your employment — in other words, while you’re at work doing work things. These cases are unusual in two ways. First, you don’t have to prove fault; you only have to prove you were injured at work. Second, your damages are set by statute (Neb. Rev. Stat. § 48-121), not by a jury.

Under that statute, you recover past and future loss of earning capacity and past and future reasonable and necessary medical care and expenses — figured using your average weekly wage and, for future care, the Nebraska fee schedule. These are essentially economic damages, and they can be calculated down to the penny. The tradeoff: there is no recovery for pain and suffering, mental anguish, loss of enjoyment of life, or other non-economic losses.

When the at-fault party is a government entity — a city, a village, a school district, the Omaha Police Department, the Metropolitan Utilities District, and the like — the claim falls under Nebraska’s Political Subdivisions Tort Claims Act. Because taxpayers ultimately pay, the Legislature capped these claims: recovery is limited to $1 million per person (with a $5 million aggregate per occurrence), and these cases are tried to a judge rather than a jury.

That cap applies even to catastrophic injuries. If a political subdivision causes harm worth $25, $50, or $60 million, the recovery is still limited to the statutory cap — which is one reason it’s critical to identify a government defendant early.

A medical malpractice claim falls under the Nebraska Hospital-Medical Liability Act, and recovery is capped at $2.25 million. We call it a “hard cap” because, unlike some states that limit only pain and suffering, Nebraska’s cap applies to all damages combined — economic and non-economic. Whether the bills are $5 million or the pain and suffering is enormous, total recovery cannot exceed $2.25 million.

One important wrinkle: the cap only protects providers who actually qualify under the Act. A careful attorney will confirm whether the provider qualifies, because if they don’t, the cap may not apply.

Cases that aren’t workers’ compensation, aren’t against a government entity, and don’t arise from medical treatment generally have no cap. The award is whatever the jury decides, and a verdict stands unless it shocks the conscience and has no rational relation to the evidence — a bar that is very rarely met.

If you’ve been injured and want an honest assessment of what your case may be worth, the attorneys at High & Younes can help.Consultations are free, and we commonly work on a contingency fee — no upfront cost to you.

Call or text us today at 402-933-3345.